HomeMy WebLinkAboutReel 1322 (9/02/1980 - 6/27/83)P. EGULAR WBEKLY SESSION ..... ROANOKB CITY COUNCIL
September 2, 1980
2:00 p.m.
The Council of the City of Roanoke met in regular ~eeting in the Council Chamber
in the Municipal Building, City of Roanoke, 215 Church Avenue, S. W., on Tuesday, September
2, 1980, at 2:00 p.m., the regular meeting hour, with Vice-Mayor Wendell H. Butler presiding
PRESENT: Council members Elizabeth T. Bowles, Robert A. Garland, James G.
Harvey, II, Charles L. Landis, Hampton W. Thomas and Vice-Mayor Wendell H. Butler ....... 6.
ABSENT: Mayor Noel C. Taylor ............................................... 1.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. Sam H. McGhee, III,
Assistant City Manager; Mr. Wilburn C. Dibling, Jr., City Attorney; Mr. William X Parsons,
Assistant City Attorney; Mr. Joel M. Schlanger, Director of Finance; and Mrs. Mary F.
Parker, City Clerk.
The meeting was opened with a prayer by the Reverend George H. Freeman, Pastor,
Woodlawn United Methodist Church.
The Pledge of Allegiance to the Flag of the United States of America was led by
Vice-Mayor Butler.
On behalf of the Kisumu Sister City Committee, Mr. Jack B. Goodykoontz appeared
before Council and introduced Mr. Sampson Nyaoke-Owuor, who is Director of Social Services
in Kisumu, Kenya. He advised that Mr. Owuor will be spending one month in the Roanoke
Valley investigating manpower recruitment and training.
The Vice-Mayor welcomed Mr. Owuor to the City of Roanoke and presented him
with a Key to the City.
BID OPENINGS
ACTION:
ACTION:
AIRPORT: Pursuant to notice of advertisement for bids for new wiring,
conduit, fixture base and steel housing for medium intensity taxiway lights for
Runway 33 at Roanoke Municipal Airport, Woodrum Field, said proposals to be
received by the City Clerk until 1:30 p.m., Tuesday, September 2, 1980, and to
be opened before Council at 2:00 p.m., on that date, 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:
J. M. Murphy Company,
Incorporated -
J. B. Moore Electrical
Contractor -
$22,169.00
29,834.00
Mr. Thomas 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. Garland and adopted.
The Vice-Mayor appointed Messrs. Charles L. Landis, Chairman, Sam H.
McGhee, III, and Kit B. Kiser as members of the committee.
CONSENT AGENDA
ACTION:
The Vice-Mayor advised that all matters listed under the Consent
Agenda were considered to be routine by the City Council and would be enacted
by one motion in the forms listed on the agenda, and if discussion was desired,
that item would be removed from the Consent Agenda and considered separately.
He noted that included on the Consent Agenda were three requests for Executive
Sessions of Council to discuss matters of personnel and potential litigation.
COUNCIL: A communication from Vice-Mayor Butler requesting an
Executive Session to discuss a personnel matter, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the request. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Vice-Mayor Butler ............................................................ 6.
NAYS: None ........................................................ 0.
(Mayor Taylor was absent.)
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ACTION:
ACT ION:
ACTION:
ACTION:
ACTION:
COUNCIL: A communication from Councilman Harvey requesting an Executive
Session to discuss a personnel matter, was before Council.
(For full text, see conmunication on file in the City Clerk'e Office.)
Mrs. Bowles moved that Council concur in the request. The motion was
seconded by Hr. Garland and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Vice-Mayor Butler ........................................................ 6.
NAYS: None ........................................................ 0.
(Mayor Taylor was absent.)
MINUTES: Minutes of the regular meeting of Council held on Monday,
August 11, 1980, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mrs. Bowles moved that Council dispense w/th the reading of the
minutes and that they be approved as recorded. The motion was seconded by Mr.
Garland and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Vice-Mayor Butler ............................................................ 6.
NAYS: None ........................................................ 0.
(Mayor Taylor was absent.)
COUNCIL: A report of the City Attorney requesting an Executive
Session to discuss a matter of potential litigation, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the request. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Vice-Mayor Butler .......................................................... 6.
NAYS: None ..................................................... O.
(Mayor Taylor was absent.)
PENDING ITEMS: A list of items pending from February 2, 1977,
through August 25, 1980, was before Council.
(For full text, see list on file in the City Clerk's Office.)
Mrs. Bowles moved that the list be received and filed. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Vice-Mayor Butler ....................................................... 6.
NAYS: None ........................................................ O.
(Mayor Taylor was absent.)
AIRPORT: The qualification of Mrs. Martha W. Zillhardt as a member
of the A/rport Advisory Commission for a term of four years ending June 30,
1984, was before Council.
Mrs. Bowles moved that the qualification be received and filed. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Vice-Mayor Butler ........................................................... 6.
NAYS: None ...................................................... 0.
(Mayor Taylor was absent.)
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS: HONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
PLANNING: Mr. Earl B. Reynolds, Chief of Community Planning, appeared
before Council and presented an oral briefing in regard to a written report of
the City Manager recommending that a public hearing be scheduled for September
8, 1980, to consider an adjustment to the Community Development Block Grant
application to provide partial funding to the West End Community Center for the
period of October, 1980, through June, 1981.
(For full text, see report on file in the City Clerk's Office.)
ACT ION:
ACTION:
ACTION:
ACTION:
Hr. Thomas moved that Council concur in the recom~ndation that a
public hearing be held on Monday, September 8, 1980, at 7:30 p.m., and that the
matter be referred to the City Attorney for preparation of the necessary legal
documents. The motion was seconded by Mr. Garland and adopted.
PARKS AND PLAYGROUNDS: Mr. W. Robert Herbert, Director of Administra-
tion and Public Safety, appeared before Council and presented an oral briefing
in regard to a written report of the City Manager as to the pre-application
process to be initiated no later than October 6, 1980, for Urban Parks and
Recreation Recovery Programs, advising that a further report will be submitted
to Council on or before October 6, 1980, with the details of the proposed grant
application and specific projects and costs.
(For full text, see report on file in the City Clerk's Office.)
(No action was taken on the above report.)
BUDGET: The Assistant City Manager presented an oral report in regard
to options for necessary expenditures/revenue adjustments to the adopted 1980-81
fiscal year budget.
(For full text of Mr. McGhee's oral report, see Exhibit No. 143 on file in
the City Clerk's Office.)
(No action was taken on the report.)
ITEMS FOR RECOIi4ENDED ACTION
PURCHASE/SALE OF PROPERTY-INTERMODAL TRANSPORTATION CENTER: The
City Manager submitted a written report recommending that Council authorize the
purchase of certain property needed for the Intermodal Transportation Center
from Mr. J. K. Dille and others, for the sum of $31,000.00, execution of the
necessary contract, and payment of a $1,000.00 option price.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance transferring
$1,000.00 from Capital Improvement Reserve to Intermodal Transportation Center:
(#25289) AI~ ORDINANCE to amend and reordain certain sections of the
1980-81 Capital Projects Fund, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 274.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis and Vice-Mayor
Butler .................................................................. 5.
NAYS: None ...................................................... 0.
(Mayor Taylor was absent.) (Mr. Thomas was out of the Council Chamber.)
Mr. Landis offered the following amergency Ordinance authorizing
purchase of the property:
(#25290) AN ORDINANCE authorizing the purchase by the City of
certain real estate on West Campbell Avenue from James Kirk Dille and others to
be used for the intermodal transportation facility, authorizing the City Manager
to execute and deliver a contract effecting this purchase, authorizing the
payment of the deposit on the contract and the cons,,mmmtion of the transaction,
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 274.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Vice-Mayor Butler ............................................................ 6.
NAYS: None ......................................................... 0.
(Mayor Taylor was absent.)
COUNCIL-COURTS FACILITY: The City Manager submitted a written report
recommending that a special session of Council be authorized to receive bids on
the new courts facility on October 21, 1980, at 2:00 p.m., or later if desired,
and that a bid committee be appointed.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(#25291) A RESOLUTION establishing a Special Meeting of the Council
of the City of Roanoke on October 21, 1980, at 2:00 p.m.
(For full text of Resolution, see Resolution Book No. 46, page 275.)
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ACTION:
ACTION:
ACTION:
Mrs. Bowles ~oved the adoption of the Resolution. The ~otion was
seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Vice-Mayor Butler ......................................................... 6.
NAYS: None ......................................................... 0.
(Mayor Taylor was absent.)
CIVIC CENTER: The City Attorney submitted a written report transmit-
ting an Ordinance amending the City Code to provide that the Civic Center
Manager remit to the City Treasurer net rental proceeds from events as expeditious.
ly as possible rather than within 45 days after the event as currently provided,
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas offered the following emergency Ordinance:
(#25292) AN ORDINANCE amending and reordaining subsection (b) of
Section 24-30, Record of and settlement of accounts for rental events, of the
Code of the City of Roanoke (1979), as amended, to provide for remission of net
receipts from Civic Center events to the City Treasurer as expeditiously as
possible, rather than within 45 days after the event; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 275.)
Mr. Thomas moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Vice-Mayor Butler .......................................................... 6.
NAYS: None ........................................................ 0.
(Mayor Taylor was absent.)
AIRPORT-CIVIC CENTER: The City Attorney submitted a written report
transmitting Ordinances authorizing appointment of members of Council as liaison
members of the Airport Advisory Commission and the Civic Center Con,mission
pursuant to a co~mmnication from Councilman Thomas presented to Council at its
meeting on Monday, August 25, 1980.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas offered the following emergency Ordinance:
(#25293) AN ORDINANCE amending the Code of the City of Roanoke
(1979), as amended, by enacting new Section 4-21.1. Council member liaison, to
provide for a Council member liaison to the Airport Advisory Commission; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 276.)
Mr. Thomas moved the adoption of the Ordinance. The motion was
seconded by Mr. Landis and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Vice-Mayor Butler ......................................................... 6.
NAYS: None ........................................................
(Mayor Taylor was absent.)
Mr. Thomas offered the following emergency Ordinance:
(#25294) AN ORDINANCE amending the Code of the City of Roanoke
(1979), as amended, by enacting new Section 24-45.1. Council member liaison, to
provide for a Council member liaison to the Roanoke Civic Center Co~ission;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 276.)
Mr. Thomas moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Vice-Mayor Butler ....... .6.
NAYS: None .................................................... 0.
(Mayor Taylor was absent.)
REPORTS OF COMMITTEES:
STADIUM-ARMORY: Councilman Landis, Chairman of the committee appointed
by the Mayor to study bids received for National Guard Armory roof repair and
replacement, submitted a written report of the committee reco~ending that the
low bid of Seal-Tire Roofing Company, Incorporated, in the mmount of $14,883.00,
be accepted.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
ACTION:
ACTION:
ACTION:
Mr. Landis offered the following e~ergency Ordinance:
(#25295) AN ORDINANCE providing for certain repair work on the
of the City's National G~ard Armory, upon certain terms and conditions, by
accepting a certain bid made to the City for such work; rejecting other bids
made to the City; and providing for au emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 277.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Vice-Mayor Butler ........................................................... 6.
NAYS: None ........................................................ O.
(Mayor Taylor was absent.)
SERVICE CENTER: Councilman Landis, Chairman of the co,-,ittee appointed
by the Mayor to study bids received for new garage exhaust system at the
Public Works Service Center, submitted a written report of the committee recom-
mending that the low bid of W. J. Blame Company, General Contractor, in the
amount of $17,949.00, be accepted.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#25296) AN ORDINANCE providing for the purchase and installation of
a Garage Exhaust System for the Public Works Service Center, upon certain terms
and conditions, by accepting a certain bid made to the City for said system;
rejecting a certain other bid made to the City; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 277.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Vice-Mayor Butler ........................................................... 6.
NAYS: None ........................................................ O.
(Mayor Taylor was absent.)
BUDGET-SCHOOLS: The Roanoke City School Board having submitted a
request for an additional appropriation of $82,670.00 to the transportation
budget in order to restore bus service to certain areas and more specifically
that $9,000.00 be appropriated for the month of September, Mr. James A. Allison,
Jr., Chairman of the Roanoke City School Board, appeared before Council and
withdrew the request for funds and requested that the Superintendent of Schools
be permitted to make a brief presentation on attendance figures.
(For full text of Fir. Allison's remarks, see Exhibit No. 144 on file in the
City Clerk's Office.)
Dr. Walter A. Hunt, Superintendent of Roanoke City Schools, then appear,
before Council in regard to attendance figures.
(For full text of Mr. Hunt's remarks, see Exhibit No. 145 on file in the
City Clerk's Office.)
The Vice-Mayor read an open letter to the citizens of Roanoke from
the Mayor in regard to the matter.
(For full text, see letter on file in the City Clerk's Office.)
Mr. Thomas moved that Council concur in the request of the School
Board to withdraw the request for funds and that those citizens who are inter-
ested in the matter leave their names and addresses with the City Clerk in
order that they may be apprised of future developments. The motion was seconded
by Mr. Landis and adopted.
Mrs. Bowles referred to the need for safer school walking areas and
suggested that the School Board and/or administration appoint the appropriate
committee to make a study of the walkway areas and notify the city administration
to determine if something can be done to upgrade the areas in question.
(For further discussion regarding the matter, see page 6.)
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
FIRE DEPARTMENT-LEASES: Ordinance No. 25277 providing for the lease
of the former No. 6 Fire Station to Mildred Prater, on behalf of the Belmont
Neighborhood Watch Group, having previously been before the Council for its
first reading on Monday, August 25, 1980, read and adopted on its first reading
and laid over, was again before the body, Mr. Garland offering the following
for its second reading and final adoption:
5
6
ACT ION:
ATTEST:
(#25277) A~ ORDINANCE providing for the lease of the former No. 6
Fire Station to Mildred Prater, on behalf of the Belmont Neighborhood Watch
Group.
(For full text of Ordinance, see Ordinance Book No. 46, page 273.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Hrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Vice-Mayor Butler ............................................................. 6.
NAYS: None ......................................................... O.
(Mayor Taylor was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: NONE.
OTHER HEARINGS OF CITIZENS:
VIRGINIA MUNICIPAL LEAGUE: In view of the fact that certain members
of Council will be attending the Virginia Municipal League Annual Meeting on
September 28 - 30, 1980, in Arlington, Virginia, Mr, Harvey offered the following
Resolution designating the Mayor as the Voting Delegate and the Vice-Mayor as
the Alternate Voting Delegate for the Business Session and any meetings of the
Urban Section, designating the City Manager as the Staff Assistant, and expressing
the desire of Council that the City of Roanoke be considered as the site for
the 1984 Annual Meeting of the Virginia Municipal League:
(#25297) A RESOLUTION designating a Voting Delegate, Alternate
Voting Delegate and Staff Assistant for the Business Session and any meetings
of the Urban Section, respectively, at the 1980 Annual Meeting of the Virginia
Municipal League and expressing the desire of this Council that this City be
considered as the site for the 1984 Annual Meeting of the Virginia Municipal
League.
(For full text of Resolution, see Resolution Book No. 46, page 278.)
Mr. Harvey moved the adoption of the Resolution. The motion was
seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Land/s, Thomas and
V~ce-Mayo~ Butler ...................................................... 6.
NAYS: None ....................................................... 0.
(Mayor Taylor was absent,)
SCHOOLS: Mrs. Becky Carson, 2641 Radford Road, N. E., appeared before
Council in regard to the need for a school bus route to serve the Read Road -
Radford Road, N. E. area; whereupon, Mr. Thomas advised that school bus routing
is a matter purely within the confines of the school administration.
The City Attorney advised that pursuant to the City Charter, the manage-
ment, administration and operation of the school system is vested with the School
Board, that the Board has the responsibility for establishing bus routes and the
ultimate responsibility for safety of school children getting to the buses and
after they board the buses. He stated that the City Council does not have direct
responsibility.
The Vice-Mayor advised that he would personally bring the matter to
the attention of the School Board Chairman.
There being no further business, the Vice-Mayor declared the meeting
adjourned at 3:20 p.m.
APPROVED
City Clerk
Vice-Mayor
~EGOLA~WEEK~¥ SESSION ..... ~OANOKE CITY COUNCIL
September 8, 1980
7:30 p.m.
The Council of the City of Rom~oke met in regular meeting in the Council Chamber
~n the Municipal Building, City of Roanoke, 215 Church Avenue, S. W., on Momday, September
8, 1980, at 7:30 p.m., the regular meeting hour, with Mayor Noel C. Taylor presiding.
PRESENT: Council members Elizabeth T. Bowles, Robert A. Garland, James G.
Harvey, II, Charles L. Landis, Hampton W. Thomas and Mayor Noel C. Taylor ................ 6.
ABSENT: Vice-Mayor Wendell H. Butler ......................................... 1.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. Sam H. McGhee, III, Assistant
City Manager; Mr. Wilburn C. Dibling, Jr., City Attorney; }ir. William X Parsons, Assistant
City Attorney; Mr. Joel M. Schlanger, Director of Finance; and Mrs. Mary F. Parker, City
Clerk.
The meeting was opened with a prayer by the Reverend Richard H. Lindsey, Jr.,
Pastor, West End Presbyterian Church.
The Pledge of Allegiance to the Flag of the United States of America was led by
Mayor Taylor.
PROCLAMATIONS: The Mayor presented a proclamation declaring the week
of September 17 - 23, 1980 as Constitution Week in the City of Roanoke and urged
all citizens to pay special attention during that week to our Federal Constitution
and the advantages of American Citizenship.
(For full text, see proclamation on file in the City Clerk's Office.)
PRESENTATIONS: Mr. Robert N. Richert, President, Old Southwest Neighbor-
hood Alliance, appeared before Council and invited the members of Council and
the public to attend the fourth annual Highland Park Fling on September 21,
1980 in Highland Park. He presented the Mayor and the City Manager with Old
Southwest Neighborhood Alliance T-Shirts.
PUBLIC HEARINGS
ACTION:
ACTION:
BUDGET-PLANNING-GF~_NTS-~DANOKE NEIGHBO~MOOD ALLIANCE: Pursuant to
instructions of Council, the City Clerk set a public hearing for Monday, September
8, 1980, at 7:30 p.m., or as soon thereafter as the matter could be heard, on a
proposed amendment of the Community Development Block Grant Program to provide
for partial funding to the West End Co....unity Center from October 1980, through
June 1981, the matter was before the body.
The City Manager submitted a written report recommending that Council
reassign $12,000.00 of the fiscal year 1980-81 Community Development Block Grant
Funds from the Hurt Park account to an account to be established by the Director
of Finance to provide partial funding to the West End Community Center for the
period above stated.
(For full text, see report on file in the City Clerk's Office.)
No one appearing in opposition to the proposed amendment, Mr. Landis
offered the following emergency Ordinance transferring $12,000.00 from Hurt Park
Street Improvements to West End Community Center under the 1980-8i Grant Programs
Fund Appropriations:
(#25298) AN ORDINANCE to amend and reordain certain sections of
the 1980-81 Grant Programs Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 278.)
Mr. Landis moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Mayor Taylor ................................................................... 6.
NAYS: None ........................................................... 0.
(Dr. Butler was absent.)
Mr. Landis offered the following Resolution:
(#25299) A RESOLUTION amending the City's Fiscal Year 1980-81 Community
Development Block Grant program to provide for temporary administrative funding
for the West End Community Center; and authorizing the City Manager or the
Assistant City Manager to file appropriate papers, if necessary, with the United
States Department of Housing and Urban Development to effect such amendment to
the City's program.
(For full text of Resolution, see Resolution Book No. 46, page 279.)
8
ACTION:
ACTION:
Mr. Landis moved the adoption of the Resolution. The motion was t
by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Mayor Taylor ..................................................................
NAYS: None ........................................................ O.
(Dr. Butler was absent.)
STREETS AND ALLEYS: Pursuant to Resolution No. 21414, the City Clerk
set a public hearing for Monday, September 8, 1980, at 7:30 p.m., or as soon
thereafter as the matter could be heard, on the request of Reid Jones, Jr., and
Garland E. Carroll that that certain portion of 21st Street extending from the
southerly side of Patterson Avenue, S. W., to the northerly line of a twelve foot
width alley extended, be vacated, discontinued and closed, the matter was before
the body.
A report of the City Planning Co-mission recommending that Council
grant the request, subject to the petitioner dedicating to the City, on s land
exchange basis, that small portion of his land on which an existing City alley
has been constructed, was before Council.
(For full text, see report on file in the City Clerk's Office.)
The viewers appointed by Council to view the street submitted a written
report advising that they visited and viewed the street and adjacent neighborhoods
and they are unanimously of the opinion that no inconvenience would result,
either to any individual or to the public, from vacating, discontinuing and
closing the street.
(For full text, see report on file in the City Clerk's Office.)
Mr. Frank K. Saunders, Attorney, representing the petitioner, appeared
before Council in support of the request of his clients.
Also in connection with the matter, a report of the City Manager
recommending that Council accept the dedication of a small portion of the p
er's property for street purposes, was before the body.
(For full text, see report on file in the City Clerk's Office.)
No one appearing in opposition to the request, Mr. Garland moved that
the following Ordinance be placed upon its first reading:
(#25300) A~] OP~INAI:CE permanently vacating, discontinuing and closing
that certain portion of 21st Street extending from the southerly side of Patterson
Avenue, S. W., to northerly line of a 12 foot width alley extended, as is more
particularly described hereinafter.
The motion was seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and Mayor
Taylor ....................................................................... 6.
NAYS: None ........................................................ O.
(Dr. Butler was absent.)
Mr. Thomas offered the following emergency Ordinance:
(#25301) AN ORDINANCE providing for the City's acquisition of a small
parcel of land being a part of Tax Appraisal No. 1313301, in the City of Roanoke,
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 279.)
Mr. Thomas moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Mayor Taylor .................................................................... 6.
NAYS: None ........................................................... O.
(Dr. Butler was absent.)
STREETS AND ALLEYS: Pursuant to Resolution No. 21414 the City Clerk
set a public hearing for Monday, September 8, 1980, at 7:30 p.m., or as soon
thereafter as the matter could be heard, on the request of Community Hospital of
Roanoke Valley that Mountain Avenue, S. E., from the extended easterly line of an
alley in the block between Jefferson Street and First Street, S. E., and also
First Street, S. E., from the extended southerly line of Mountain Avenue, S. E.,
to the northerly extended line of Highland Avenue, S. E., be vacated, discontinued
and closed, the matter was before the body.
9
ACT ION:
ACTION:
A report of the City Planning Commission reco~nding that the request
be granted, was before Council.
(For full text, see report on file in the City Clerk's Office.)
The viewers appointed by Council to view the streets submitted a
written report advising that they visited and viewed the streets and adjacent
neighborhoods and they are unanimously of the opinion that no inconvenience would
result, either to any individual or to the public from vacating, discontinuing
and closing the streets.
(For full text, see report on file in the City Clerk's Office.)
Mr. Frank K. Saunders, Attorney, representing the petitioner, appeared
before Council in support of the request of his client.
No one appearing in opposition to the request, Mr. Thomas moved that
the following Ordinance be placed upon its first reading:
(#25302) AN ORDINANCE permanently vacating, discontinuing and closing
(1) Mountain Avenue, S. E., from the extended easterly line of First Street, S. E.
westerly to the extended easterly line of an alley in the block between Jefferson
Street and First Street, S. E., and (2) Firet Street, S. E., from the extended
southerly line of Mountain Avenue, S. E., to the northerly extended line of High-
land Avenue, S. E., as is more particularly described hereinafter.
The motion was seconded by Mr. Landis and adopted by the following
vote:
AYES: Council members Harvey, Landis, Thomas and Mayor Taylor ........ 4
NAYS: None ........................................................... 0
(Dr. Butler was absent.) (Mrs. Bowles abstained from voting because she serves
on the Community Hospital Board of Directors.) (Mr. Garland abstained from
voting because he is associated with Community Hospital.)
ZONING: Pursuant to Resolution No. 21414, the City Clerk set a public
hearing for Monday, September 8, 1980, at 7:30 p.m., or as soon thereafter as the
matter could be heard, on the request of Chief Rental Associates, a Virginia
partnership, that property located in the 2500 block of Colonial Avenue, S. W.,
described as Lots 14, 13, 12, 11, 10, 9, 8, 7, 21, 22, 23 and 24, Block 1,
C. M. Turner Map, Official Tax Nos. 1280413, 1280412, 1280411, 1280410, 1280409,
1280408, 1280407, 1280419, 1280420, i250421 aug 12~0423, the western half of the
former 25th Street east of Colonial Avenue between Colonial Avenue and Interstate
581; the former alley between Sanford Avenue and Colonial Avenue bounded on the
west by Lots 10 through 14, and on the east by Lots 22 through 25; a certain
triangular tract of the Virginia Department of Highways bounded by Lot 14 on the
west, Colonial Avenue on the north and the entrance ramp to Interstate 581 from
Colonial Avenue on the east and south; and that part of Colonial Avenue to and
including the center line thereof along that portion of Colonial Avenue which
abuts upon the property heretofore described, be rezoned from RD, Duplex
District, to C-2, General Commercial District, subject to certain conditions
proffered by the petitioners, the matter was before the body.
A report of the City Planning Commission recommending that the request
be granted subject to certain conditions proffered by the petitioner, with the
exception of Lot 7, Block 1, C. M. Turner Map, Official Tax No. 1280406, was
before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. W. F. Mason, Jr., Attorney, representing the petitioner, appeared
before Council in support of the request of his client.
No one appearing in opposition to the request, Mr. Harvey moved that
the following Ordinance be placed upon its first reading:
(#25303) AN ORDINANCE to amend Sections 36-3 and 36-4, Code of the
City of Roanoke, (1979), as amended, and Sheet No. 128, Sectional 1976 Zone Map,
City of Roanoke, in relation to Zoning, subject to certain conditions.
The motion was seconded by Mr. Thomas and adopted by the following
vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Mayor Taylor ................................................................... 6.
NAYS: None .......................................................... O.
(Dr. Butler was absent.)
ZONING: Pursuant to Resolution No. 21414, the City Clerk set a public
hearing for Monday, September 8, 1980, at 7:30 p.m., or as soon thereafter as the
matter could be heard, on the request of James and Frances McFarlane, and Calvin
and Mary W. Powers, that property located at 3729 and 3735 Hollins Road, N. E.,
described as Lots 1 and 2, Block 2, Map of Northfield Addition, Official Tax Nos.
3280501 and 3280502, be rezoned from RD, Duplex Residential District, to C-2,
General Commercial District, subject to certain conditions proffered by the
petitioners, the matter was before the body.
10
ACTfO~:
ACTION:
ACTION:
ACTION:
A report of the City Pl-n~ing Commission recommending that the request
be granted, subject to certain conditions proffered by the petitioners, was
before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Leon R. Kytchen, Attorney, representing the petitioners, appeared
before Council in support of the request of his clients.
No one appearing in opposition to the request, Mr. Landis moved that
the following Ordinance be placed upon its first reading:
(#25304) AN ORDINANCE to amend Sections 36-3 and 36-4, Code of the City
of Roanoke (1979), as amended, and Sheet No. 328, Sectional 1976 Zone Map, City of
Roanoke, in relation to Zoning, subject to certain conditions.
The motion was seconded by Mr. Thomas and adopted by the following
vote:
AYES: Council members Bowies, Garland, Harvey, Landis, Thomas and
Mayor Taylor ................................................................. 6.
NAYS: None ......................................................... 0.
(Dr. Butler was absent.)
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the City Council and would be enacted by one motion
in the forms listed on the agenda, and if discussion was desired, that item would
be removed from the Consent Agenda and considered separately. He noted that
included on the Consent Agenda was one request for an Executive Session to discuss
a personnel matter.
COUNCIL: A communication from the Mayor requesting an Executive Session
to discuss a personnel matter, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the request. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Mayor Taylor ................................................................... 6.
NAYS: None ........................................................... 0.
(Dr. Butler was absent.)
MINUTES: Minutes of the regular meetings of Council held on Monday,
August 25, 1980; and Tuesday, September 2, 1980, were before Council.
(For full text, see minutes on file in the City Clerk's Office.)
Mrs. Bowles moved that Council dispense with the reading of the minutes
and that they be approved as recorded. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Mayor Taylor .................................................................... 6.
NAYS: None ........................................................... 0.
(Dr. Butler was absent.)
AIRPORT: The qualification of Mr. Warner N. Dalhouse as a member of
the Airport Advisory Commission for a term of four years ending June 30, 1984,
was before Council.
Mrs. Bowles moved that the qualification be received and filed. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Mayor Taylor .................................................................. 6.
NAYS: None ......................................................... 0.
(Dr. Butler was absent.)
11
REGULAR A~ENDA
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
COUNCIL-LEGISLATION: A request of Mr. Gary J. M~nter, President of the
Roanoke Valley Young Democrats, to address Council concerning the modified ward
system, was before the body; whereupon, the Mayor advised that Mr. Minter had
requested that the matter be carried over until the end of the Council m~eting.
Mr. Garland moved that the request be granted. The motion was seconded
by Mr. Landis and adopted.
PETITIONS AND COMMUNICATIONS:
COMMITTEES: The Reverend Leroy C. Roberts, 3625 Rolling Hill Avenue,
N. W., appeared before Council and presented communications in regard to appoint-
ment by Council of a Citizen Review Committee to study coordination of federal,
state and local government progrmmm relating to the policy of Council and program
services to the private sector.
(For full text, see communications an file in the City Clerk's Office.)
Mr. Thomas moved that the matter be taken under advisement and referred
to Council acting as a Co~ittee of the Whole for consideration. The motion was
seconded by Mr. Landis and adopted.
APPALACHIAN POWER COMPANY: A commm~nication from Mr. Morris Stephenson,
Editor, The Franklin County Times, requesting that the City of Roanoke and
lan Power Company help to influence enactment by Congress of special legislation
required to correct the injustice inflicted by enactment of the Scenic Rivers
Act, 1976, which nullified the Federal Power Commission license to Apco to build
its Blue Ridge hydroelectric project on New River, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Thomas moved that the communication be received and filed. The
motion was seconded by Mrs. B~wies and adopted.
REPORTS OF OFFICERS:
CITY MANAGER -- BRIEFINGS:
BLUE CROSS/BLUE SHIELD-PLANNING-GRANTS: The City Manager submitted a
written report in connection with Blue Cross/Blue Shield public plaza and pedes-
trian mall, advising that current status of the Community Development Block Grant
funding is in order to comply with government regulations to receive funding, the
contractor and his subcontractors must comply with the Davis-Bacon Act as related
to minimum wages and the filing of a weekly pay statement showing compliance with
the minimum, noting that the construction cost will be increased by the sum of
$13,210.00, and a full report will be submitted to Council on September 22, 1980.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis moved that the report be received and filed. The motion was
seconded by Mr. Thomas and adopted.
SEWERS AND STORM DRAINS: On Monday, April 14, 1980, Council requested
that the City Manager and the City Attorney prepare a report dealing with the
history of the Fairland Lake and Glenavon Special Assessment Projects and that
the City Attorney review the 1949 annexation decree to determine if it contained
a mandate requiring construction by the City of sanitary sewer proiects in the
Fairland Lake and Glenavon areas, the City Attorney and the City Manager submitted
a joint report in this regard.
(For full text, see report on file in the City Clerk's Office.)
The Reverend Carl T. Tinsley, 2647 Springhill Drive, N. W., appeared
before Council and made a lengthy presentation advising that homeowners cannot
afford to pay assessments which in some instances exceed $1,000, that many of
the residents are elderly homeowners on fixed incomes and requested that the City
fund the entire cost of the sewer project.
There was discussion in regard to the number of properties that have
hooked onto the sewer line, individual assessment costs, and waiving of assessment~
in which the City Attorney advised that he is concerned about fair treatment to ali
property owners, noting that the Fourteenth Amendment requires that persons who
are similarly situated be treated equally. He expressed further concern that the
City could open itself to possible law suits from property owners in the future
challenging similar assessments as well as law suits from property owners who have
paid assessments in the past.
Following considerable discussion of the matter, Mr. Landis moved that
Council grant a special exception for postponement of payment of such assessments
by certain elderly and permanently and totally disabled property owners until the
sale of the property or the death of the last eligible owner, subject to certain
conditions. The motion was seconded by Mrs. Bowles.
ACTION:
ACTION:
ACTION:
ACTION:
Inasmuch as the project is somewhat new to Hr. Ewert, Mr. Thomas offered
a substitute motion that the matter be referred back to the City Hanager for fur-
ther analysis, report and recommendation to Council. The motion was seconded by
Mr. Garland and lost by the following vote:
AYES: Council members Garland, Thomas, and Mayor Taylor ........... 3.
NAYS: Council members Bowles, Harvey, and Landis ................. 3.
(Dr. Butler was absent.)
The original motion was then adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis, and Mayor
Taylor ........................................................................ 5.
NAYS: Council member Thomas ........................................ 1.
(Dr. Butler wan absent.)
The Mayor referred to alternate methods of handling the assessments
such as delayed payments and consideration of charging the original cost to the
property owners for the project; whereupon, Mr. Thomas moved that the matter be
referred to the City Manager and the City Attorney to ascertain if there are
alternate methods of handling the assessments. The motion was seconded by Mr.
Garland and adopted.
At 9:00 p.m., the Mayor declared the meeting recessed.
At 9:10 p.m., the meeting reconvened with Mayor Taylor presiding and
all members of Council present, with the exception of Dr. Butler.
ITEMS RECOMMENDED FOR ACTION:
SPECIAL PERMITS-PARKING GARAGE: The City Manager submitted a written
report recommending approval for Macado's to install a television cable across
the alley between the Municipal Parking Garage and the Shenandoah Building.
(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:
(#25305) AN ORDINANCE authorizing Spanky's Macado's, Inc. to install a
television cable across the alley between the Municipal Parking Garage and the
Shenandoah Building, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No.
vote:
The motion was seconded by Mr. Garland and adopted by the following
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Mayor Taylor .................................................................. 6.
NAYS: None ........................................................ O.
(Dr. Butler was absent.)
INSURANCE-CITY EMPLOYEES-BLUE CROSS/BLUE SHIELD: The City Manager
submitted a written report in connection with new interim rates which have been
negotiated with Blue Cross/Blue Shield to continue the current program for group
medical insurance coverage for city employees, recommending that the City Manager
be authorized to execute the interim enrollment summary and agreement forms and
the new contract, effective September 1, 1980.
(For full text, see report on file in the City Clerk's Office.)
Hr. Harvey offered the following emergency Ordinance:
(#25306) AN ORDINANCE authorizing certain agreements and contracts to
be entered with Blue Cross of Southwestern Virginia and Blue Shield of Southweste~
Virginia to provide medical and health services for employees of the City and
members of their families; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 280.)
Mr. Harvey moved the adoption of the Ordinance.
seconded by Mr. Landis and adopted by the following vote:
The motion was
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Mayor Taylor ................................................................. 6.
NAYS: None ......................................................... O.
(Dr. Butler was absent.)
13
ACTION:
ACTION:
ACTION:
BUDGET-GP~qTS-CETA: The City Manager submitted a written report in
connection with CETA funding for the fiscal year 1980 S~-~r Program for Economi-
cally Disadvantaged Youth, reco~uding that Council appropriate $435,171.00 to
CETA Account A34-8965-999-99.
(For full text, see report on file in the City.Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#25307) AN ORDINANCE to amend and reordatn certain sections of the
1980-81 Fifth District Employment and Training Consortium Fund Appropriations,
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 280.)
Hr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Mayor Taylor ................................................................ 6.
NAYS: None ...................................................... 0.
(Dr. Butler was absent.)
REPORTS OF COMMITTEES:
AIRPORT: Mr. Charles L. Landis, Chairman of the committee appointed
by the Mayor to tabulate bids received for new wiring, conduit, fixture bases
and steel housing in connection with taxiway lighting at Roanoke Municipal
Airport, Woodrum Field, submitted a written report of the committee recommending
that the low bid of J. M. Murphy Company, Incorporated, in the amount of
$22,169.00, be accepted.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#25308) AN ORDINANCE accepting a certain proposal and awarding a
contract for the installation of new wiring, conduit, fixture bases and steel
housing in connection with taxiway lighting at Roanoke Municipal Airport,
Woodrum Field, upon certain terms ~ld conditions; authorizing the proper City
officials to execute the requisite contract; rejecting the other bid; and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 281.)
Mr. Landis moved the adoption of the Ordinance. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Mayor Taylor .................................................................. 6.
NAYS: None .......................................................... O.
(Dr. Butler was absent.)
BRIEFING:
SHERIFF-JAIL: On January 22, 1979, Council referred to the City
Manager, the Director of Finance and the Sheriff a communication from Sheriff W.
A. Hudson suggesting that a general prisoner housing contract be drafted to
apply to any jurisdiction in Virginia and which would be renegotiated every
twelve months if needed, the committee submitted a written report recommending
that the initial net local costs per day per prisoner be $14.50, effective
October 1, 1980; that the City Attorney be requested to draft a general prisoner
housing contract as described in the report; and that the City Manager be
authorized to notify all Virginia jurisdictions that the City will require an
executed contract before housing their prisoners in our jail facility on or
after October 1, 1980.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas moved that the report be referred to the City Attorney for
preparation of the proper measure. The motion was seconded by Mr. Landis and
adopted.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: NONE.
OTHER HEARINGS OF CITIZENS: NONE.
ACTION:
ACTION:
At 9:25 p.m., the liayor declared the ~eeting recessed.
At 9:45 p.m., the meeting reconvened with Mayor Taylor presiding and
all members of Council present, with the exception of Dr. Butler.
COUNCIL-CITY GOVERNHENT: Council having earlier deferred until the
end of the meeting a request of Mr. Gary J. Hinter to present a statement
the modified ward system, Hr. Pitnter appeared before Council on behalf of the
Roanoke Valley Young Democrats and read a prepared statement urging consideration
of the modified ward system which was proposed by the League of Women Voters in
1977.
(For full text, see statement on file in the City Clerk's Office.)
Hr. Harvey moved that the matter be referred to Council acting as a
Committee of the Whole for consideration at a future Financial and Planning
Session. The motion was seconded by Mr. Landis and adopted.
COMMITTEES: The Mayor made the following committee assignments:
Committee
Citizens' Task Force on Crime
Prevention and Social
Development
Citizens' Task Force on Crime
Prevention and Social
Development
Vacancy of
Mr. Gary J. Foutz
Ms. Patti Smith
Assigned to
Councilman Harvey
Councilman Landis
Board of Directors, Roanoke
Transportation Museum
Roanoke Civic Center
Commission
Mr. J. D. Sink
Mr. J. Carson Quarles
Vice-Mayor Butler
Councilman Thomas
ACTION:
ACTION:
ACTION:
HOUSING-SLUM CLEARANCE: The Mayor advised of a vacancy on the Fair
Housing Board created by the resignation of Mrs. Stelia M. Carpenter for a term
ending March 31, 1982, and called for nominations to fill the vacancy.
Mr. Harvey placed in nomination the name of Mrs. Josephine B. Thompson.
There being no further nominations, Mrs. Thompson was elected as a
member of the Fair Housing Board for a term ending March 31, 1982, by the follow-
ing vote:
FOR MRS. THOMPSON: Council members Bowles, Garland, Harvey, Landis,
Thomas and Mayor Taylor ...................................................... 6.
(Dr. Butler was absent.)
AIRPORT-ROANOKE CIVIC CENTER: The Mayor advised that on Monday,
August 25, 1980, Council requested that he appoint liaison members of the City
Council to the Airport Advisory Commission and the Roanoke Civic Center Commission
and further advised that with the concurrence of Council he would like to appoint
Councilman James G. Harvey, II, as the City Council liaison member to the Airport
Advisory Commission for a term of three years ending August 31, 1983; and Mr.
Robert A. Garland as the City Council liaison member to the Roanoke Civic Center
Commission for a term of three years ending August 31, 1983.
PENSIONS: The Mayor advised that on Monday, July 14, 1980, Council
requested that he appoint a seven member advisory committee to review the entire
Employees' Retirement System including a review of past plans and an analysis of
the existing plan, said committee to submit recommendations for a new plan to
cover future city employees. The Mayor further advised that with the concurrence
of Council, he would like to appoint the following persons: Mr. William R.
Battle, Mr. Prescott E. King, Mr. John R. Larew, Mr. Henry C. Wolf, Mr. F. Wiley
Hubbell and Mr. Thomas L. Robertson.
The Mayor notes that a seventh member will be appointed at the Council
meeting on Monday, September 22, 1980.
CITY ATTORNEY-DIRECTOR OF FINANCE-CITY CLERK-MUNICIPAL AUDITOR: The
Mayor advised that the two year terms of Mr. Wtlburn C. Dibling, Jr., City
Attorney; Mr. Joel M. Schlanger, Director of Finance; Mrs. Mary F. Parker, City
Clerk; and Mr. William L. Brogan, Municipal Auditor, will expire on September
30, 1980, and called for nominations to fill the vacancies.
Mrs. Bowles placed in nomination the names of Mr. Wilburn C. Dibling,
Jr., as City Attorney; Mr. Joel M. Schlanger as Director of Finance; Mrs. Mary
F. Parker as City Clerk; and Mr. William L. Brogan as Municipal Auditor.
15
ACT ION:
There beins no further nominations, Mr. Dibling was reelected as City
Attorney; Hr. Schlanser vas reelected as Director of Finance; Hrs. Parker was
reelected as City Clerk; and Mr. Brogan was reelected as Municipal Auditor for
terms of two years each ending September 30, 1982, by the follo~ing vote:
FOR HR. DIBLING, MR. SCHIANGER, ~.S. PARKER, AND HR. B~DGAN: Council
members Bowles, Garland, Harvey, Landis, Thomas and Hayor Taylor ............. 6.
(Dr. Butler was absent.)
There being no further business, the Hayor declared the meeting
adjourned at 9:55 p.m.
APPROVED
ATTEST:
City Clerk Mayor
16
RBGULARWEEKLY SESSION ..... ROANOKE CITY COUNCIL
September 22, 1980
2:00 p.m,
The Council of the City of Roanoke met in regular meeting in the Council Chamber
in the Municipal Building, City of Roanoke, 215 Church Avenue, S. W., on Monday, September
22, 1980, at 2:00 p.m., the regular meeting hour, with Mayor Noel C. Taylor presiding.
PRESENT: Council members Elizabeth T. Bowles, Wendell H. Butler, Robert A.
Garland, James G. Harvey, II, Charles L. Landis, Hampton W. Thomas and Mayor Noel C.
Taylor ................................................................................... 7.
ABSENT: None .................................................................. 0.
OFFICERS P~ESENT: Mr. R. B. Ewert, City Manager; Mr. Sam H. McGhee, III,
Assistant City Manager; Mr. Wilburn C. Dibling, Jr., City Attorney; Hr. James D. Grisso,
Deputy Director of Finance; ~md Mrs. Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend George J. Gormley, Pastor,
St. Andrews Catholic Church.
The Pledge of Allegiance to the Flag of the United States of America was led by
Mayor Taylor.
BID OPENINGS
ACTION:
ACTION:
ACTION:
ACTION:
AIRPORT: Pursuant to notice of advertisement for bids for perimeter
fencing, ADAP Project No. 6-51-0045-08, at Roanoke Municipal Airport, Woodrum
Field, said proposals to be received by the City Clerk until 1:30 p.m., on
Monday, September 22, 1980, and to be opened and read before the Council at
2:00 p.m., on that date, the Mayor asked if anyone had any questions about the
advertisement for bids and no representative present raising any question, the
Mayor instructed the C- ~y Clerk to proceed with the opening of the bids;
whereupon, the City Clerk opened and read the following bids:
Rio Grande Fence Company, Incorporated -
Guard Rail oi Roanoke, Incorporated -
$ 44,965.00
55,375.00
Mr. Thomas moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to Council.
The motion was seconded by Mr. Harvey and unanimously adopted.
The Mayor appointed Messrs. Charles L. Landis, Chairman, Sam H.
McGhee, III, K. B. Kiser and R. C. Poole as members of the committee.
AIP, PORT: Pursuant to notice of advertisement for bids for construction
of charter and corporate aircraft ramp, ADAP Project No. 6-51-0045-11, at
Roanoke Municipal Airport, Woodrum Field, said proposals to be received by the
City Clerk until 1:30 p.m., on Monday, September 22, 1980, and to be opened and
read before Council at 2:00 p.m., on that date, 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 Alternate A Alternate B
John A. Hall & Company,
Incorporated
Virginia Asphalt Paving Company,
Incorporated
Ad~m~ Construction Company
$248,834.00
250,620.00
288,673.00
$122,300.00
126,667.50
151,944.00
Mr. Thomas moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to Council.
The motion was seconded by Mr. Harvey and ananimously adopted.
The Mayor appointed Messrs. Charles L. Landis, Chairman, Sam H.
McGhee, III, K. B. Kiser and R. C. Poole as members of the com~ittee.
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the City Council and would be enacted by one
motion in the forms listed on the agenda, and if discussion was desired, that
item would be removed from the Consent Agenda and considered separately. He
noted that included on the Consent Agenda were two requests for Executive
Sessions of Council to discuss matters of personnel and real estate.
COUNCIL: A co~nunication from Mayor Taylor requesting an Executive
Session to discuss a personnel matter, was before Council.
(For full text, see communication on file in the City Clerk*s Office.)
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
ACTION;
Mrs. Bowles moved that Council concur in the request. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Bu~ler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ...................................................... 7.
NAYS: None ........................................................ 0.
MINUTES: Minutes of the regular meeting of Council held on Monday,
September 8, 1980, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mrs. Bowles moved that Council dispense with the reading of the
minutes and that they be approved as recorded. The motion was seconded by Dr.
Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ........................................................ 7.
NAYS: None .......................................................... O.
COMMITTEES-ROANOKE AREA HEALTH COUNCIL: A communication from Ms.
Linda F, Steele tendering her resignation as a member of the Roanoke Area
Health Council, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mrs. Bowles moved that the resignation be accepted with regret and
that the communication be received and filed. The motion was seconded by Dr.
Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ...................................................... 7.
NAYS: None ........................................................ O.
CIVIC CENTER: A com~unication from Mr. W. S. Clement tendering his
resignation as a member of the Roanoke Civic Center Commission, was before Council
(For full text, see communication on file in the City Clerk's Office.)
Mrs. Bowles moved that the resignation be accepted with regret and
that the communication be received and filed. The motion was seconded by Dr.
Butler and adopted by the following vote:
A..M~. Council ~embers Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ........................................................ 7.
NAYS: None .......................................................... O.
COUNCIL: A report of the City Manager requesting an Executive Session
to discuss a real estate matter, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the request. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ...................................................... 7.
NAYS: None ........................................................ O.
CITY CLERK-MUNICIPAL AUDITOR-CITY ATTORNEY-DIRECTOR OF FINANCE: The
qualifications of Mrs. Mary F. Parker as City Clerk, Mr. William L. Brogan as
Municipal Auditor, Mr. Wilburn C. Dibling, Jr., as City Attorney, and Mr. Joel
M. Schlanger as Director of Finance for terms of two years each beginning
October 1, 1980, and ending September 30, 1982, were before Council.
Mrs. Bowles moved that the qualifications be received and filed. The
motion was seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ..................................................... 7.
NAYS: None ....................................................... O.
PENSIONS: The qualifications of Mr. Leonard W. Booze for a term of
one year ending June 30, 1981, and Mr. Delmar L. Irving for a term of four years
ending June 30, 1984, as members of the Board of Trustees - Employees' Retirement
System, were before Council.
Mrs. Bowles moved that the qualifications be received and filed. The
motion was seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ...................................................... 7.
NAYS: None ........................................................ O.
17
18
ACTION:
ACTION:
ACTION:
ACTION:
HOUSING: The qualification of Mr. Clifford A. Ham~er as a member of
the Fair Housing Board to fill the unexpired term of Mr. James G. Harvey, II,
resigned, ending Hatch 31, 1983, was before Council.
Mrs. Bowles moved that the qualification be received and filed. The
motion was seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ......................................................
NAYS: None ........................................................ 0.
PERSONNEL DEPARTMENT: The qualifications of Messrs. Bobby L. Browning,
Frederick L. Bulbin and William F. Hawkins as members of the Personnel and
Employment Practices Commission for terms of three years each ending June 30,
1983, were before Council.
Mrs. Bowles moved that the qualifications be received and filed. The
motion was seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ..................................................... 7.
NAYS: None ....................................................... O.
FIRE DEPARTMENT: The qualification of Mr. Ronald O. Crawford as a
member of the Board of Fire Appeals for a term of four years ending June 30,
1984, was before Council.
Mrs. Bowles moved that the qualification be received and filed. The
motion was seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ...................................................... 7.
NAYS: None ....................................................... 0.
HOUSING: The qualifications of Messrs. William E. Majors, Edwin L.
Phillips and C. Fred Mangus as Commissioners of the City of Roanoke Redevelop-
ment and Housing Authority for terms of four years each ending August 31, 1984,
were before Council.
Mrs. Bowles moved that the qualifica~ious be received and filed. The
motion was seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ...................................................... 7.
NAYS: None ........................................................ O.
REGULAR AGENDA
ACTION:
ACTION:
ACTION:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
CIVIL DEFENSE: Mr. Richard Young representing Plowshare appeared
before Council in regard to the problems of transporting nuclear fuel and waste
products through the Roanoke Valley, requesting that Roanoke Valley governments
study the problem and take preventive steps necessary to protect the health and
safety of valley residents.
(For full text of Mr. Young's remarks, see Exhibit No. 146 on file in the City
Clerk's Office.)
Following a period of discussion, Mr. Landis moved that the matter be
referred to the City Manager for study, report and recommendation to Council.
The motion was seconded by Mr. Garland and unanimously adopted.
Mrs. Bowles requested that the City Manager submit his reco~endation
as to whether or not the City should ban all shipments of nuclear materials
through its boundaries.
APPALACHIAN POWER COMPANY: Mr. Howard E. Musser appeared before
Council in regard to a petition signed by 103 persons requesting adoption of a
Resolution relative to enactment by Congress of special legislation to compensate
Appalachian Power Company and its customers for dmm-ges inflicted resulting
from nullification of APCO's license to construct and operate the Blue Ridge
Hydroelectric Project on New River.
(For full text of Mr. Musser's remarks, see Exhibit No. 147 on file in the
City Clerk's Office.)
Mr. Garland moved that the matter be referred to the City Manager for
study, report and recommendation to Council, and to the City Attorney for
preparation of the appropriate Resolution. The motion was seconded by Mr.
Landis and unanimously adopted.
PETITIONS AND COMMUNICATIONS:
ACTION:
ACTION:
ACTION:
BUDGET-SHERIFF-JAIL: A communication from Sheriff W. Alvin Hudson
requesting that $56,711.06 be appropriated to the Jail budget to provide funds
for payment of medical expenses incurred by Robert Edward Walker, advising that
although the City of Roanoke must pay the initial coats, the Department of
Corrections Reimbursement Unit has assured him that the City will be reimbursed
at the current 95.20% per diem rate which means that the Department of Corrections
would reimburse approximately $53,989.35 of the total $56,711.06, thus, the coat
to the City of Roanoke would be approximately $2,721.71, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harvey stated that he finds it totally unacceptable for the taxpayer~
of the City of Roanoke to pay the medical bills for someone who has been charged
with a crime and asked the City Attorney what would happen if the City refused
to pay the bill; whereupon, the City Attorney advised that if the City did not pay
the bill, the State could sue to collect payment.
Following further discussion of the matter, Mr. Garland offered the
following emergency Ordinance appropriating the requested funds:
(#25309) AN ORDINANCE to ~m~nd and reordain certain sections of the
1980-81 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 285.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ..................................................... 7.
NAYS: None ....................................................... 0.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
BLUE CROSS/BLUE SHIELD-PLANNING-GRANTS: The City Manager submitted a
written report recommending approval of an amendment to Ordinance No. 24987
authorizing an addition ko ~he contract with Blue Cross/Blue Shield for the
public plaza and pedestrian mall of $13,210.00 to cover additional work relating
to Davis-Bacon Act regulations.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas offered the following emergency Ordinance:
(#25310) AN ORDINANCE amending Ordinance No. 24987, to authorize the
City Manager to make certain changes in the agreement with Blue Cross/Blue
Shield of Southwestern Virginia for the construction of a public plaza and
pedestrian mall in the City's Downtown East Urban Area VA R~42, to execute the
same as amended; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 286.)
Mr. Thomas moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor .................................................... 7.
NAYS: None ...................................................... 0.
CLEAN VALLEY COMMITTEE-GRANTS: The City Manager submitted a written
report in connection with the grant to the Clean Valley Committee, Incorporated
through the Department of Conservation and Economic Development, Division of
Litter Control, for the period January 1981 through December 1981 in the amount
of $7,927.00 for the City of Roanoke, $2,825.00 for the City of Salem, $6,180.00
for Roanoke County and $1,543.00 for the Town of Vinton, recommending that the
Clean Valley Committee be designated as the recipient of the grant on behalf of
the City of Roanoke.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#25311) AN ORDINANCE expressing continued support for the Clean
Valley Conm~ittee, Inc.; authorizing the Comittee to coordinate a litter control
program with Roanoke County, the City of Salem, and the Town of Vinton; authoriz-
ing the Committee to apply for a grant on behalf of the City upon certain terms
and conditions; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 286.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
19
2O
ACTION:
ACTION:
ACTION:
ACTION:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Fmyor Taylor ....................................................... 7.
NAYS: None .............. £ .......................................... O.
BUDGET-GRANTS-CETA: The City Manager submitted a written report in
connection with CETA (Program Agent) funding for fiscal year 1981 (October 1,
1980 - September 30, 1981), reco~ending that Council accept CETA funding for
City of Roanoke - Program Agent as authorized by the Fifth District Employment
and Training Consortium and appropriate $251,403.72 for Title II-D and $222,986.00
for Title VI - Special Projects, in accounts to be designated by the Director
of Finance.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#25312) AN ORDINANCE to amend and reordain certain sections of the
1980-81 Grant Progrmm~ Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 287.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ...................................................... 7.
NAYS: None ....................................................... 0.
Mr. Landis offered the following Resolution:
(#25313) A RESOLUTION accepting certain proposed funding of the
City's Comprehensive Employment and Training Act Program for the period of
October 1, 1980, through September 30, 1981.
(For full text of Resolution, see Resolution Book No. 46, page 289.)
Mr. Landis moved the adoption of the Resolution. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Lowies, Butler, Gari~d, harvey, Landis,
Thomas and Mayor Taylor ...................................................... 7.
NAYS: None ........................................................ 0.
AIRPORT-GRANTS: The City Manager submitted a written report in
connection with ADAP Project No. 6-51-0045-08, reco~nending authorization to
execute a grant amendment, if offered by the Federal Aviation Administration,
to utilize funds remaining from the land acquisition project for the recently
approved large charter and corporate general aviation ramp project.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency Ordinance:
(#25314) AN ORDINANCE authorizing the City Manager to seek and
execute an amendment to an FAA grant for ADAP Project No. 6-51-0045-08, to
allow utilization of unexpended funds for another grant project involving
aviation ramp improvements; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 289.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ..................................................... 7.
NAYS: None ....................................................... O.
SEWERS AND STORM DRAINS-EASEMENTS-SALE/PURCHASE OF PROPERTY: The
City Manager submitted a written report recommending authorization for easement
and right of way acquisition for the Hanover Street Storm Drain Project, in the
amount of the final appraised value, final negotiated amount by the City adminis-
tration, or the amount mandated by the court in the event of condemnation, for
a cost not to exceed $5,000 without further authorization by Council; and
institution of condemnation proceedings and seeking of right of entry by the
City Attorney in the event of continued refusal of the property owner to accept
the City's offer, in order that the City may continue with the construction.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas offered the following emergency Ordinance:
(#25315) AN ORDINANCE providing for the acquisition of real estate
needed by the City for the construction of the Hanover Street Storm Drain
Project; authorizing the City Manager to fix to a certain limit the considera-
tion to be offered by the City for each parcel; providing for the City's acquisi-
tion 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. 46, page 2~9.)
ACTION:
ACTION:
ACTION:
Mr. Thomas moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ........................................................ 7.
NAYS: None .......................................................... O.
HOUSING: The City Manager subm/tted a written report recommending a
time extension for the Gilmer Avenue Demonstration Rehabilitation Program of a
period not to exceed four months.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#25316) AN ORDINANCE authorizing and providing for an amendment to
the written agreement dated December 3, 1979, between the City of Roanoke and
the City of Roanoke Redevelopment and Housing Authority, relating to a certain
Demonstration Rehabilitation Program, upon certain terms and conditions; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 290.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor .................................................... 7.
NAYS: None ...................................................... O.
BUDGET-STATE HIGHWAYS: The A~sistant City Manager orally advised
that at the Financial and Planning Session on Monday, September 15, 1980,
Council deliberated over the means by which it could adjust the budget by some
$620,000, and one of the revenue sources which was discussed was additional
highway maintenance funding, advising that on Thursday, September 18, the City
received the formal written notification from the Highway Department of the
increase in mileage payments which will amount to approximately $204,000 for
fiscal year 1980-81.
CITY ATTORNEy:
CITY GOVERNMENT-COUNCIL: The City Attorney submitted a written
report transmitting a Resolution designating the Voting Delegate and Alternate
Voting Delegate on behalf of the City of Roanoke for the meetings of the Congress
of Cities to be held in Atlanta, Georgia on December 3, 1980.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas offered the following Resolution:
(#25317) A RESOLUTION designating a Voting Delegate and Alternate
Voting Delegate for the Annual Business Session of the Congress of Cities.
(For full text of Resolution, see Resolution Book No. 46, page 291.)
Mr. Thomas moved the adoption of the Resolution. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor .................................................... 7.
NAYS: None ....................................................... 0.
LEGISLATION-RADIO-TELEVISION: The City Attorney submitted a written
report in regard to legislation currently pending in the United States Senate
which would have an adverse impact upon the relationship between local government~
and the cable television industry, advising that it would prohibit local govern-
ments from requiring cable television operators to provide program origination
or services to local needs, from setting rates to be charged by the operators
to programmers for use of cable channels and from regulating rates charged by
the operators to subscribers, that the National League of Cities opposes this
legislation and has requested that member cities join them in this opposition,
and transmitting a Resolution in this regard for the consideration of Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following Resolution:
(#25318) A RESOLUTION in opposition to Section 238 of S. 2827 (Communic
tion Act Amendments of 1980) restricting the role of local government in regulatit
cable television.
(For full text of Resolution, see Resolution Book No. 46, page 291.)
Mr. Garland moved the adoption of the Resolution. The motion was
seconded by Mr. Thomas and adopted by the following vote:
ACTION:
ACTION:
ACTION:
AYES: Coumcil m~bers Bowles, Butler, Garland, Harvey, Lamdie,
Thomas and Mayor Taylor ...................................................... 7.
NAYS: None ........................................................ 0.
SEWERS AND STORM DRAINS: The City Attorney submitted a written
report advising that at the meeting of Council on Monday, September 8, 1980,
Council instructed him to prepare a meaaure postpoming the payment by certain
elderly or disabled property owners of the Fairland Lake amd Glenavon Sanitary
Sewer Project special assessments and transmitting a measure carrying out the
instructions of Council in this regard.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#25319) AN ORDINANCE providing for the postponement of payment of
special sewer assessments by elderly or permanently and totally disabled owners,
with respect to the Fairland Lake and Glenavon Sanitary Sewer Project; providing
for the mailing of a copy of this ordinance to the property owners affected
thereby; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 292.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ..................................................... 7.
NAYS: None ....................................................... 0.
REFUSE COLLECTION: The City Attorney submitted a written report
advising that at the September 15, 1980 Financial and Planning Session Council
approved raising the fee for the second and any additional collection of a
front-loading bulk container unit from $5.00 to $7.50 and transmitting a Resolu-
tion incorporating this change for the consideration of Council.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(#25320) A RESOLUTION establishing the fee to be charged by the City
for each additional collection of front-loading bulk container units, such fee
to be effective October 6, 1980.
(For full text of Resolution, see Resolution Book No. 46, pa~e 293.)
Mrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ....................................................... 7.
NAYS: None ......................................................... 0.
SEWERS AND STORM DRAINS-EASEMENTS-SALE/PURCHASE OF PROPERTY: The City
Attorney submitted a written report advising that at the Financial and Planning
Session on Monday, September 15, 1980, he was requested to prepare the proper
measure in regard to acquisition of real property for the Cravens-Barnhart
Creek Sanitary Sewer Project, and transmitting an Ordinance which effects the
directive of Council in this regard.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas offered the following emergency Ordinance:
(#25321) AN ORDINANCE providing for the acquisition of real estate
needed by the City for the construction of the Cravens-Barnhart Creek Sanitary
Sewer Project; authorizing the City Manager to fix to a certain limit the
consideration to be offered by the City for each parcel; providing for the City's
acquisition of such real estate by condemnation, under certain circumstances;
authorizing the City to make motion for the award of a right of entry on any of
the parcels for the purpose of commencing the project; directing the mailing
of this Ordinance to the property owners; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 293.)
Mr. Thomas moved the adoption of the Ordinance. The motion was
seconded by Mr. Landis and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ....................................................... 7.
NAYS: None ......................................................... 0.
ACTION:
ACTION:
ACTION:
AIBPORT-SALE/PURCHASE OF PROPERTY-GBA~TS: The City Attormey submitted
a written report advising that at the Financial and Planning Session of Council
on September 15, 1980, he was requested to prepare the proper measure in regard
to an application to the Federal Aviation Administratio~ for funds to acquire
real estate in the 40 Noise Exposure Forecast Con,our off Runway 5-23 at Roanoke
Municipal Airport, Woodrum Field, and transmitting an Ordinance effecting the
directive of Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency Ordinance:
(#25322) AN ORDINANCE amending Ordinance No. 25273, adopted August
11, 1980, to reflect different funding percentages by the Federal Aviation
Administration, Commonwealth of Virginia ~nd the City, and to authorize the
City to pay up to 20% of the anticipated project cost with respect to a program
to acquire real estate in the 40 Noise Exposure Forecast contour, off Runway 5-
23 at the Roanoke Municipal Airport, Woodrum Field, in connection with a noise
control program; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 294.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ....................................................... 7.
NAYS: None ......................................................... O.
HOUSING-CONSULTANTS' REPORTS: The City Attorney submitted a
written report advising that at the Financial and Planning Session on September
15, 1980, Council approved in principle a recommendation of the City Manager
that the City contract with Buckhurst, Fish, Hutton, Katz and Communications
Collaborative, as a joint venture, for the conduct of a neighborhoods study, at
a cost not to exceed $111,000, and transmitting an Ordinance formally approving
the execution of this contract.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency Ordinance:
(p2)323) AN ORDINANCE authorizing the City Manager or the Assistant
City Manager to execute a contract with Buckhurst, Fish, Hutton, Katz and
Co~m~unications Collaborative, as a joint venture, for the conduct of a neighbor-
hoods study in the City, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 295.)
Mr. Harvey read a statement expressing the hope that neighborhood
planning and the City's commitment to this project will not only deal with the
neighborhoods that have badly deteriorated, but will share and expand its
effort to assist neighborhoods that are not in need of total rehabilitation but
need direction to prevent decay and deterioration.
(For full text of Mr. Harvey's statement, see Exhibit No. 148 on file in the
City Clerk's Office.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ..................................................... 7.
NAYS: None ....................................................... O.
DIRECTOR OF FINANCE:
BUDGET-GRANTS-YOUTH: The Director of Finance submitted a written
report recommending certain appropriation adjustments in connection with the
close-out of Youth Services Grant 79-I6, advising that the project established
a Youth Planning Program to coordinate planning, identify problems of youth and
make recommendations for programs that are designed to alleviate the problems,
that expenditures amount to only $1,369.92 because the grant was offered late
in the fiscal year and the planner was not hired until June of the year and a
second youth services grant began July 1, 1980 and is currently under operation.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#25324) AN ORDINANCE to amend and reordain certain sections of the
1980-81 Grant Programs Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 295.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ........................................................ 7.
NAYS: None .......................................................... 0.
23
24
ACTION:
ACTION:
ACTION:
ACTION:
REPORTS OF COMMITTEES:
SEWERS AND STORM DRAINS-EASEMEnTS-WATER DEPARTMENT: Mr. Hampton W.
Thomas, Chairman of the Water Resources Committee, presented a written report
of the committee, recommending authorization to provide water service as required
by F & B Developers through a private easement to serve certain property along
Aerial Way Drive, S. W.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas offered the following Resolution:
(#25325) A RESOLUTION approving the request of F & B Developers to
establish water and sewer lines through private property to certain real estate
owned by F & B Developers on Stratford Drive, S. W., and authorizing the City
to provide water and sewer service through such private property.
(For full text of Resolution, see Resolution Book No. 46, page 296.)
Mr. Thomas moved the adoption of the Resolution. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ...................................................... 7.
NAYS: None ........................................................ O.
CIVIC CENTER-TAXES: A report of the Roanoke Civic Center Conmission
recommending that the five per cent admissions tax currently being charged at
the Civic Center be maintained and the collection of the parking fee be continued,
was before Council.
(For full text, see report on file in the City Clerk's Office.)
In this connection, a communication from Mr. Thomas A. Scott, Jr.,
President, Kiwanis Club of Roanoke, transmitting a Resolution adopted by the
Club on July 1, 1980, expressing its opposition to a $1.00 parking fee, its
favor of the elimination of the parking fee and the substitution of a small
percentage increase to the ticket price, was also before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harvey moved that action on the report and communication be
deferred until the regular meeting of Council on Monday, October 13, 1980, at
7:30 p.m., and that the Chairman of the Civic Center Commission be invited to
attend the meeting to answer questions which may arise. The motion was seconded
by Mr. Garland and unanimously adopted.
BRIDGES: A report of the City Planning Commission recommending that
the new Route 115 - 116 bridge in the southeast section of the City be named
Totera Bridge, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Following a period of discussion, Mr. Landis moved that the matter be
referred back to the City Planning Commission for the purpose of holding a
public hearing in the Riverdale community in order that residents may express
their opinions. The motion was seconded by Mr. Harvey and unanimously adopted.
Dr. Butler advised that he would like for guidelines to be established
in regard to the naming of buildings and bridges.
SPECIAL PERMITS: A report of the City Planning Commission recommending
that Council concur in the request of Mitchell Clothing Company, 28 West Church
Avenue, S. W., to erect a canopy at the store entrance, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that the following Ordinance be placed upon its
.first reading:
(#25326) AN ORDINANCE permitting the encroachment of a canopy to be
erected on a building at 28 West Church Avenue, S. W., over the public sidewalk
in front of such building, to a line not greater than two feet from the adjacent
Church Avenue curb line, upon certain terms and conditions.
The motion was seconded by Mr. Landis and adopted by the following
vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ...................................................... 7.
NAYS: None ......................................................... 0.
UNFINISHED BUSINESS: NONE.
25
ACTION:
ACTION:
ACTION:
INTRODUCTION AND CONSIDERATION OF ORI)INANCgS AND RESOLUTIONS:
STREETS AND ALLEYS: Ordinance No. 25300 vacating, discontinuing and
closing that certain portion of 21st Street extending from the southerly side
of Patterson Avenue, S. W., to the northerly line of a twelve foot width alley
extended, having been before the Cotmcil for its first reading on Monday,
September 8, 1980, read and adopted on its first reading and laid over, was
again before the body, Mr. Thomas offering the following for its second reading
and final adoption:
(#25300) AN ORDINANCE permanently vacating, discontinuing and closing
that certain portion of 21st Street extending from the southerly side of Patter-
son Avenue, S. W., to northerly line of a 12 foot width alley extended, aa is
more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 46, page 281.)
Mr. Thomas moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ..................................................... 7.
NAYS: None ....................................................... 0.
STREETS AND ALLEYS: Ordinance No. 25302 vacating, discontinuing and
closing Mountain Avenue, S. E., from the extended easterly line of First Street,
S. E., westerly to the extended easterly line of an alley in the block between
Jefferson Street and First Street, S. E., and also First Street, S. E., from
the extended southerly line of Mountain Avenue, S. E., to the northerly extended
line of Highland Avenue, S. E., having previously been before the Council for
its first reading on Monday, September 8, 1980, read and adopted on its first
reading and laid over, was again before the body, Dr. Butler offering the
following for its second reading and final adoption:
(#25302) AN ORDINANCE permanently vacating, discontinuing and closing
(1) Mountain Avenue, S. E., from the extended easterly line of First Street, S.
E., westerly to the extended easterly line of an alley in the block between
Jefferson Street and First Street, S. E., and (2) First Street, S. E., from the
extended southerly line of Mountain Avenue, S. E., to the northerly extended
line of Highland Avenue, S. E., as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 46, page 282.)
Dr. Butler moved the adoption of the Ordinance. The motion was
seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Butler, Harvey, Landis, Thomas and Mayor
Taylor ...................................................................... 5.
NAYS: None ....................................................... O.
(Mrs. Bowles abstained from voting because she serves on the Board of Directors
of Co~x~unity Hospital and Mr. Garland abstained from voting because he is
associated with Community Hospital.)
ZONING: Ordinance No. 25303 rezoning property located in the 2500
block of Colonial Avenue, S. W., described as Lots 14, 13, 12, 11, 10, 9, 8,
7, 21, 22, 23 and 24, Block 1, C. M. Turner Map, Official Tax Nos. 1280413,
1280412, 1280411, 1280410, 1280409, 1280408, 1280407, 1280419, 1280420, 1280421
and 1280423; the western half of the former 25th Street east of Colonial Avenue
between Colonial Avenue and Interstate 581; and former alley between Samford
Avenue and Colonial Avenue bounded on the west by Lots 10 through 14, and on
the east by Lots 22 through 25; a certain triangular tract of the Virginia
Department of Highways bounded by Lot 14 on the west, Colonial Avenue on the
north and the entrance ramp to Interstate 581 from Colonial Avenue on the east
and south; and that part of Colonial Avenue to and including the center line
thereof along that portion of Colonial Avenue which abuts upon the property
heretofore described, from RD, Duplex Residential District, to C-2, General
Commercial District, having previously been before the Council for its first
reading on Monday, September 8, 1980, 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:
(#25303) AN ORDINANCE to amend Sections 36-3 and 36-4, Code of the
City of Roanoke, (1979), as amended, and Sheet No. 128, Sectional 1976 Zone
Map, City of Roanoke, in relation to Zoning, subject to certain conditions.
(For full text of Ordinance, see Ordinance Book No. 46, page 283.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor .......................................................... 7.
NAYS: None ...................................................... O.
26
ACTION:
ACTION:
ACTION:
ACTION:
ZONING: Ordinance No. 25304 rezoning property located at 3729 and
3735 Hollins Road, N. E., described as Lots 1 and 2, Block 2, Map of Northfield
Addition, Official Tax Nos. 3280501 and 3280502, from RD, Duplex Residential
District, to C-2, General Commercial District, having previously been before
the Council for its first reading on Monday, September 8, 1980, read and adopted
on its first reading and laid over, was again before the body, Mr. Landis
offering the following for its second reading and final adoption:
(#25304) AN ORDINANCE to amend Sections 36-3 and 36-4, Code of the
City of Roanoke (1979), as amended, and Sheet No. 328, Sectional 1976 Zone Map,
City of Roanoke, in relation to Zoning, subject to certain conditions.
(For full text of Ordinance, see Ordinance Book No. 46, page 284.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ...................................................... 7.
NAYS: None ........................................................ 0.
SPECIAL PERMITS~PARKING GARAGE: Ordinance No. 25305 authorizing
Spanky's Macado's, Incorporated, to install a television cable across the alley
between the Municipal Parking Garage and the Shenandoah Building, upon certain
terms and conditions, having previously been before the Council for its first
reading on Monday, September 8, 1980, 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:
(#25305) AN ORDINANCE authorizing Spanky's Macado's, Inc. to install
a television cable across the alley between the Municipal Parking Garage and
the Shenandoah Building, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 46, page 285.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ....................................................... 7.
mAYS: None ......................................................... O.
JAIL: CounciL.at its meeting on Moaday, September 8, 1980, having
instructed the City Attorney to prepare the proper measure authorizing agreements
to be entered into with certain other political subdivisions in the Commonwealth
relating to said subdivisions' housing of prisoners in the Roanoke City Jail,
which amount is currently $14.50 per day per prisoner, co~encing October 1,
1980, said amount to be adjusted in October of each and every year thereafter
during the time such agreements remain in effect, he presented same; whereupon,
Mr. Harvey offered the following emergency Ordinance:
(#25327) AN ORDINANCE authorizing agreements to be entered into with
other political subdivisions in the Commonwealth relating to said other subdivisior
housing prisoners in the Roanoke City Jail; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 296.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Landis and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ................................................................. 7.
NAYS: None ........................................................... 0.
BUDGET-SCHOOLS: At the Financial and Planning Session on September
15, 1980, Council instructed the Director of Finance to prepare the proper
budget Ordinance in connection with a co~unication from the Roanoke City
School Board requesting appropriations of $85,000.00 to ESEA, Title IV-C,
Project CAP, $4,750.00 for a Vocational Guidance Program, and $15,923.00 for
continuation of the Youth Employment and Training Program through September 30,
1980, he presented sam,; whereupon, Mr. Landis offered the following emergency
Ordinance:
(#25328) AN ORDINANCE to amend and reordain certain sections of the
1980-81 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 297.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor .................................................... 7.
NAYS: None ...................................................... 0.
27
A~T ION:
ACTION:
ATTEST:
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR CO~9~ENTS BY l"dg MAYOR A~D MEMBERS OF COUNCIL: NONE.
PENSIONS: With the concurrence of Comncil on Monday, September 8,
1980, the Mayor appointed Messrs. William R. Battle, Prescott E. King, John R.
Larew, Henry C. Wolf, F. Wiley Hubbell and Thomas L. Robertson as members of an
Advisory Committee to review the entire Employees' Retirement System including
a review of past plans and an analysis of the existing plan and to submit
recommendations for a new plan to cover future city employees, the Mayor advised
that with the concurrence of Coumcil he would like to appoint Mr. Arnold P.
Masinter as the seventh member of the committee.
Mr. Garland moved that Council concur in the appointment of Mr.
Maeinter. The motion was seconded by Mr. Thomas and unanimously adopted.
BUILDING DEPARTMENT: The Mayor advised that the five year term of
Mr. James M. Tabor as a member of the Board of Adjustments and Appeals, Build-
ing Code, will expire on September 30, 1980, and called for nominations to fill
the vacancy.
Mr. Garland placed in nomination the name of Mr. Ja',~s M. Tabor.
There being no further nominations, Mr. Tabor was reelected as a
member of the Board of Adjustments and Appeals, Building Code, for a term of
five years ending September 30, 1985, by the following vote:
FOR MR. TABOR: Council members Bowles, Butler, Garland, Harvey,
Landis, Thomas and Mayor Taylor ............................................ 7.
OTHER HEARINGS OF CITIZENS:
SEWERS AND STORM DRAINS: The Reverend Calvin B. Fulton, 1531 Riverdale
Road, S. E., appeared before Council in regard to use of the field adjacent to
the Sewage Treatment Plant for storing raw sewage, advising of the possibility of
odors and health problems.
Mr. Kit B. Kiser, Director of Utilities and Operations, appeared
before Council and advised that the material which is being deposited in the
field is treated sludge, not raw sewage, and the City is using the field for
temporary storage of sludge until it decides on a permanent solution for handling
the material. He said when the sludge dries it will be disced into the ground
and if there is an odor, it should be a musky odor.
There being no further business, the Mayor declared the meeting
adjourned at 3:30 p.m.
APPROVED
City Clerk
Mayor
REGULAR WEEKLY SESSION ..... ROAI~OKE CITY COUNCIL
October 6, 1980
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the Council Cb~uober
in the Municipal Building, City of Roanoke, 215 Church Avenue, S. W., on Monday, October
6, 1980, at 2:00 p.m., the regular meeting hour, with Vice Mayor Wendell H. Butler presiding
PRESENT: Council members Elizabeth T. Bowles, Robert A. Garland, James G.
Harvey, II, Charles L. Landis, Hampton W. Thomas and Vice Mayor Wendell H. Butler ....... 6.
ABSENT: Mayor Noel C. Taylor ................................................. 1.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. Sam H. McGhee, III, Assistan
City Manager; Mr. Wilhurn C. Dibllng, Jr., City Attorney; Mr. William X Parsons, Assistant
City Attorney; Mr. Joel M. Schlanger, Director of Finance; and Mrs. Judith M. St. Clair,
Deputy City Clerk.
The meeting was opened with a prayer by the Reverend Dusty Fiedler, Associate
Pastor, Second Presbyterian Church.
The Pledge of Allegiance to the Flag of the United States of America was led by
Vice Mayor Butler.
PRESENTATIONS: Vice Mayor Butler advised that Mr. Joseph Owaga Otondi,
Senior Clenical Officer for the Municipality of Kisumu, Kenya, was to have been
introduced, however, Hr. Otondi's plane had only recently landed in New York
City and he had missed the appropriate connecting flight and would not be present
at this time.
PROCLAMATIONS: The Vice Mayor presented a proclamation declaring the
week of October 6 - 12, 1980, as Youth Haven Week in the City of Roanoke and
urged all citizens to support the home in its efforts to help our young people.
(For full text, see proclamation on file in the City Clerk's Office.)
CONSENT AGENDA
ACTION:
ACTION:
The Vice Mayor advised that all matters listed under the Consent
Agenda were considered to be routine by the City Council and would be enacted by
one motion in the forms listed on the agenda, and if discussion was desired,
that item would be removed from the Consent Agenda and considered separately.
He noted that included on the Consent Agenda was a request for an Executive
Session to discuss a personnel matter, and that Mr. Dtbling had orally requested
an Executive Session to discuss a matter of pending litigation.
COUNCIL: A communication from the Vice Mayor requesting an Executive
Session to discuss a personnel matter, was before Council.
(For full text, see co~unication on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the request. The motion was
seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Vice Mayor Butler .............................................................. 6.
NAYS: None .......................................................... 0.
(Mayor Taylor was absent.)
MINUTES: Minutes of the regular meeting of Council held on Monday,
September 22, 1980, were before Council.
(For full text, see minutes on file in the City Clerk's Office.)
Mrs. Bowies moved that Council dispense with the reading of the minutes
and that they be approved as recorded. The motion was seconded by Mr. Thomas
and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Vice Mayor Butler ............................................................. 6.
NAYS: None ......................................................... O.
(Mayor Taylor was absent.)
HOUSING-SLUM CLEARANCE: A couuuunication from Mr. R. R. Henley, Execut
Director, City of Roanoke Redevelopment and Housing Authority, advising of new
maximum income limits for low-rent housing projects effective December 1, 1980,
was before Council.
(For full text, see cou~nunication on file in the City Clerk's Office.)
ACTION:
ACTION:
ACTION:
ACTION:
ACT ION:
ACTION:
Mrs. Bowles moved that the communication be received and filed, The
motion was seconded by Hr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Vice Mayor Butler ............................................................... 6.
NAYS: None ........................................................... O.
(Mayor Taylor was absent.)
AUDITORIUM-COLISEUM: A communication from Mr, L. Graham Haynie tenderin
his resignation as a member of the Roanoke Civic Center Commission was before
Council.
(For full text, see con~nunication on file in the City Clerk~s Office.)
Mrs. Bowles moved that Council accept the resignation with regret and
receive and file the communication. The motion was seconded by Mr. Thomas and
adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Vice Mayor Butler .............................................................. 6.
NAYS: None .......................................................... O.
(Mayor Taylor was absent.)
YOUTH SERVICES CITIZEN BOARD: A communication from Mr. Bruce R. S.
Briggs tendering his resignation as a member of the Youth Services Citizen Board
was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mrs. Bowles moved that Council accept the resignation with regret and
receive and file the communication. The motion was seconded by Mr. Thomas and
adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Vice Mayor Butler ............................................................. 6.
NAYS: None ......................................................... 0.
(Mayor Taylor was absent.)
PENDING ITEMS: A list of items pending from February 2, 1977, through
September 22, 1980, was before Council.
(For full text, see list on file in the City Clerk's Office.)
Mrs. Bowles moved that the list be received and filed. The motion was
seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Vice Mayor Butler ............................................................ 6.
NAYS: None ........................................................ O.
(Mayor Taylor was absent.)
YOUTH SERVICES CITIZEN BOARD: The qualification of Mrs. Ellen D.
Lawrence as a member of the Youth Services Citizen Board for a term of two years
ending May 31, 1982, was before Council.
Mrs. Bowles moved that the qualification be received and filed. The
motion was seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Vice Mayor Butler ............................................................ 6.
NAYS: None ........................................................ O.
(Mayor Taylor was absent.)
HOUSING-SLUM CLEARANCE: The qualification of Mrs. Josephine B. Thompsor
as a member of the Fair Housing Board to fill the unexpired term of Mrs. Stella
M. Carpenter, resigned, ending March 31, 1982, was bsfgre Council.
Mrs. Bowies moved that the qualification be received and filed. The
motion was seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Vice Mayor Butler ............................................................ 6.
NAYS: None ........................................................ 0.
(Mayor Taylor was absent.)
3O
ACTION:
ACTION:
LIBRARIES: The qualification of Mrs. Carol B. Dalhouse as a member of
the Roanoke Public Library Board for a term of three years ending June 30, 1983,
was before Council.
Mrs. Bowles moved that the qualification be received and filed. The
motion was seconded by ~r. Thou~s ~nd adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Vice Mayor Butler ......................................................... 6.
NAYS: None ....................................................... O.
(Mayor Taylor was absent.)
COUNCIL: The City Attorney orally requested that Council meet in
Executive Session to discuss a matter of pending litigation.
Mrs. Bowles moved that Council concur in the request. The motion was
seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Vice Mayor Butler ........................................................... 6.
NAYS: None ....................................................... O.
(Mayor Taylor was absent.)
REGULAR AGENDA
ACTION:
ACTION:
ACTION:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
HOUSING-SLUM CLEARANCE-CONSULTANT'S REPORTS-STUDIES: The Reverend
Kenneth B. Wright, Chairman, Gainsboro Program Area Citizens, appeared before
Council in regard to the Gainsboro Neighborhood Study, requesting that Council
approve the selection by PAC of the consultant firm of Cox, McKee and Okerlund of
Charlottesville, Virginia, to perform said study, and the establishment of the
appropriate fiscal management procedure in which the Gainsboro citizens will
maintain full control of the consultant's services, the neighborhood plan,
amd the neighborhood revitalization project.
(For full text of Reverend Wright's remarks, see Exhibit No. 149 on file
in the City Clerk's Office.)
Following a period of discussion, Mr. Thomas moved that Council concur
in PAC's recommendations ~nd refer the matter to the City 1~anager for implementa-
tion. The motion was seconded by Mr. Harvey and adopted.
HOUSING-SLUM CLEARANCE-CONSULTANT'S REPORTS-STUDIES: Mr. Charles R.
Minter, President, Williamson Road Action Forum, appeared before Council in
regard to a communication and related material from the Forum requesting that
the Williamson Road area be one of the neighborhoods included in the Good Neighbors
Partnership study.
(For full text, see communication and material on file in the City
Clerk's Office.)
Following a period of discussion, Mrs. Bowles moved that the request
of the Williamson Road Action Forum be referred to the administration for study,
report and recommendation to Council. The motion was seconded by Mr. Garland
and adopted.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER -~ BRIEFINGS:
INTERMODAL TRANSPORTATION CENTER-GRANTS: The City Manager presented
a written report informing of the present grant status of the multi-grant Roanoke
Intermodal Transportation Terminal project, and advising that a full report will
be made to Council on October 13, 1980.
(For full text, see report on file in the City Clerk's Office.)
Following a period of discussion, Mr. Garland moved that the report be
received and filed. The motion was seconded by Mr. Thomas and adopted.
ITEMS RECOMMENDED FOR ACTION:
SEWERS AND STORM DRAINS-EASEMENTS: The City Manager presented a
written report reco~nending authorization to purchase a private sewer now owned
Jointly by the O. S. Griggs heirs and Mr. and Mrs. Allen T. Nelms, and a new
sewer easement across the Nelms property, at a total cost of $876.00, in order
to provide sewer service to certain property on Forest Road, S. W.
(For full text, see report on file in the City Clerk's Office.)
3I
ACT ION:
ACTION:
ACTION:
Hr. Harvey offered the following emergency Ordinance:
(~25329) AN OBDINANCE providimg for the purchase by the City of
private sewer lines and associated easements to serve residential property at
835 Wildwood P, oad, S. W.; amd providing for an -m-rgency.
(For full text of Ordinance, see Ordinance Book No. 46, page 298.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Vice Mayor Butler ........................................................... 6.
NAYS: None ......................................................... 0.
(Mayor Taylor was absent.)
SEWERS AND STOP~M DRAINS: The City Manager presented a written report
recommending concurrence in the request of Fralin and Waldron for monthly reimburs~
ment for construction of the Springtree Sanitary Sewer Line.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas offered the following emergency Ordinance:
(#25330) AN ORDINANCE providing for the amendment of a contract
between Fralin and Waldron, Incorporated and the City in connection with the
construction of a sanitary sewer line through Springtree Subdivision to allow
for monthly reimbursement of construction costs to Fralin and Waldron, Incor
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 298.)
Mr. Thomas moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Vice Mayor Butler ............................................................ 6.
NAYS: None ........................................................ 0.
(Mayor Taylor was absent.)
PARKS AND PLAYGROUNDS-GRANTS: The City Manager presented a written
report requesting authorization to submit a $298,500.00 U.P.A.R.R. Rehabilitation
Grant Application to the Heritage Conservation and Recreation Service and the
Co~mission of Outdoor Recreation, Co~m~onwealth of Virginia, for 85% Federal and
15% State funding of neighborhood park rehabilitation projects, and that Council
express its intent to appropriate up to $89,550.00 in local match in the event
the city does not get the State grant.
(For full text, see report on file in the City Clerk's Office.)
Mr. Carroll E. Swain, Vice Chairman, Citizens Advisory Comittee -- City
Wide Park Study, and Ms. Susan S. Goode, Chairperson, City Planning Commission
Facilities Subcomittee, appeared in support of the matter.
Following a period of discussion, Mr. Harvey offered the following
Resolution:
(#25331) A RESOLUTION authorizing the City Manager to apply for
certain Federal and State grant funds for the rehabilitation of certain of the
City's parks, and expressing the intent of Council to appropriate, if necessary,
local matching funds.
(For full text of Resolution, see Resolution Book No. 46, page 299.)
Mr. Harvey moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Vice Mayor Butler ............................................................. 6.
NAYS: None ......................................................... 0.
(Mayor Taylor was absent.)
PARKS AND PLAYGROUNDS-GRANTS: A written report of the Facilities
Subcommittee of the City Planning Commission in connection with a report of the
City Manager requesting authorization to submit a $298,500.00 U.P.A.R.R. Rehabili-
tation Grant Application to the Heritage Conservation and Recreation Service and
the Commission of Outdoor Recreation, Commonwealth of Virginia, for funding of
neighborhood park rehabilitation projects, recommending concurrence with the
proposed grant application and endorsing the proposal as being in conformance
with the City's Comprehensive Plan, was before Council.
(For full text, see report on file in the City Clerk's Office.)
32
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
Mr. Landis moved that the report be received and flied. The motion
was seconded by Mr. Thomas and adopted.
ARMORY-STADIUM-FOOTBALL: The City Manager presented a written report
reco~endlng approval of the request of Roanoke Valley Shrine Club of Kazim
Temple for a waiver of fees for use of Victory Stadium om November 8, 1980, in
accordance with provisions of Resolution No. 24982.
(For full text, see report on file im the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(#25332) A RESOLUTION waiving the standard rental fee for use of a
City facility.
(For full text of Resolution, see Resolution Book No. 46, page 299.)
Mrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Vice Mayor Butler .......................................................... 6.
NAYS: None ......................................................... 0.
(Mayor Taylor was absent.)
BUDGET-HUMAN RESOURCES: The City Manager presented a written report
recommending that $52,458.58 be appropriated to the Title XX Services budget to
provide funds in connection with the purchase of certain essential services for
citizens of the city.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#25333) AN ORDINANCE to amend and reordain certain sections of the
1980-81 General Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 300.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland a~d adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Vice Mayor Butler .......................................................... 6.
NAYS: None ........................................................ 0.
(Mayor Taylor was absent.)
BUDGET-GRANTS-CETA-HUMAN RESOURCES: The City Manager presented a
written report recommending that $93,000.00 be appropriated to JOMP Title II-B
representing funds received from the Fifth District Employment and Training
Consortium for operation of said program from October 1, 1980, through September
30, 1981.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#25334) AN ORDINANCE to amend and reordain certain sections of the
1980-81 Grant Programs Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 30i.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Vice Mayor Butler ............................................................. 6.
NAYS: None ......................................................... O.
(Mayor Taylor was absent.)
DIRECTOR OF FINANCE:
BUDGET-SCHOOLS: The Director of Finance submitted a written report
advising that the undesignated fund balance for the General Fund for the year
ended June 30, 1980 is $1,700,874.00, and certifying that these funds are availab2
for appropriation.
(For full text, see report on file in the City Clerk's Office.)
In this connection, Mr. Landis reminded Council of action taken in
budget study that in the event of a surplus the School Board would receive their
proportionate share which would be based upon their percentage of the overall
budget, and offered the following emergency Ordinance appropriating $592,074.00,
which represents the School Board's proportionate share of approximately 34.8%
of the undesignated fund balance, with the stipulation that these funds are to
be used for one time expenditures only such as equipment replacement or building
improvements:
ACTION:
ACTION:
ACTION:
ACTION:
(#25335) AN OP/)INANCE to ~nd and reordain certain sections of the
1980-81 General Fund Appropriation Ordinance, a~d providing for an emergency,
(For full text of Ordinamce, see Ordinance Book No. 46, page 301.)
Mr. Landis moved the adoption of the Ordinance. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Vice Mayor Butler ............................................................ 6.
NAYS: None .......................................................... O.
(Mayor Taylor was absent.)
Mr. Landis then moved that the remainder of the undesignated fund
balance remain in the budget as is and that the City Manager be requested to
bring a report back to Council at his earliest convenience with reco~ndations
for appropriation of these funds. The motion was seconded by Mr. Thomas and
adopted.
BUDGET: The Director of Finance submitted a written report
transmitting an Ordinance to accomplish recommendations contained in a September
15, 1980, City Manager report on a combination of expenditure and revenue adjust-
ments to balance the FYS1 budget.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency Ordinance:
(#25336) AN ORDINANCE to amend and reordain certain sections of the
1980-81 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 302.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Landis and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Vice Mayor Butler ............................................................. 6.
NAYS: None ......................................................... O.
(Mayor Taylor was absent.)
BUDGET-POLICE DEPARTMENT-GP, ANTS: The Director of Finance submitted a
written report recommendin~ certain appropriation and revenue adjustments in
connection with the close-out of Police Management Information Grant No. 79A4790.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#25337) AN ORDINANCE to amend and reordain certain sections of the
1980-81 Grant Programs Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 303.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Vice Mayor Butler ............................................................ 6.
NAYS: None ........................................................ O.
(Mayor Taylor was absent.)
REPORTS OF COMMITTEES:
AIRPORT: Mr. Charles L. Landis, Chairman of the committee appointed
by th~Mayor to tabulate bids received for perimeter fencing, ADAP Project No.
6-51-0045-08, at Roanoke Municipal Airport, Weodrum Field, submitted s written
report of the committee, recommending that the low bid of Rio Grande Fence Co.,
Inc., in the amount of $44,965.00 be accepted.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis advised that the committee has not finished all its action
on this particular bid and moved that the matter be carried over for future
Council action. The motion was seconded by Mr. Garland and adopted.
BUDGET-AIRPORT: Mr. Charles L. Landis, Chairman of the committee
appointed by the Mayor to tabulate bids received for construction of charter and
corporate aircraft ramp, ADAP Project No. 6-51-0045-11, at Roanoke Municipal Air-
port, Woodrum Field, submitted a written report of the committee recommending that
a unit price contract with certain reduced or modified quantities be awarded to
John A. Hall & Company, Inc., in the amount of $205,843.00, and that funds be
transferred therefor.
(For full text, see report on file in the City Clerk's Office.)
33
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
Mr. Landis offered the followin$ emergency Ordinance:
(#25338) AN ORDINANCE to amend and reordain certain sections of the
1980-81 Airport Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 303.)
Mr. Landis moved the adoption of the Ordinance. The motion was seconded
by Mr. Harvey and adopted by the foilowing vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Vice Mayor Butler ............................................................. 6.
NAYS: None ....................................................... O.
(Mayor Taylor was absent.)
Mr. Landis then offered the following emergency Ordinance:
(#25339) AN ORDINANCE accepting a certain proposal and awarding a
contract for construction of a charter and corporate aircraft ramp and overlay
of a portion of a taxiway at Roanoke Municipal Airport, Woodrum Field, Airport
Project No. ADAP 6-51-0045-11, upon certain ter~ and conditions; authorizing
the proper City officials to execute the requiaite contract; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 304.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members B~wles, Garland, Harvey, Landis, Thomas and
Vice Mayor Butler ........................................................... 6.
NAYS: None ....................................................... 0.
(Mayor Taylor was absent.)
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
SPECIAL PERMITS: Ordinance No. 25326 permitting the encroachment of a
canopy to be erected on a building at 28 West Church Avenue, S. W., over the
public sidewalk in front of such building, to a line not greater than two feet
from the adjacent Church Avenue curb line, upon certain terms and conditions,
having previously been before the Council for its first reading on Monday,
September 22, 1980, read and adopted on its first reading and laid over, was
again before the body, Mr. Thomas offering the following for its second reading
and final adoption:
(#25326) AN ORDINANCE permitting the encroachment of a canopy on a
building at 28 West Church Avenue, S. W., over the public sidewalk in front of
such building, to a line not greater than two feet from the adjacent Church
Avenue curb line, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 46, page 297.)
Mr. Thomas moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Vice Mayor Butler ........................................................... 6.
NAYS: None ......................................................... 0.
(Mayor Taylor was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: NONE.
SIGNS AND BILLBOARDS-ZONING: The Vice Mayor advised that, with the
concurrence of Council, the Mayor would like to appoint Mrs. James R. Olin as a
member of the Sign Advisory Committee to fill the vacancy created by the resigna-
tion of Mrs. Joel W. Richert.
Mr. Landis moved that Council concur in the Mayor's appointment of
Mrs. Olin to fill the vacancy created by Mrs. Richert's resignation. The
motion was seconded by Mr. Thomas and adopted.
Mr. Thomas moved that the remainder of the vacancies be carried over
to the next meeting of Council. The motion was lost for lack of a second.
The Vice Mayor pointed out that there were Executive Sessions scheduled
to discuss a personnel matter and a matter of pending litigation.
ACT ION:
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
OTHER HEARINGS OF CITIZENS:
COUNCIL: Mrs. Elizabeth H. Forrest, representing the Thursday
Morning Music Club, appeared before Council and orally invited the members
of Council and their spouses to attend the Houston Ballet's presentation of
"Papillon" to be sponsored by the Thursday Morning Music Club on Friday, November
7, 1980, at 8:00 p.m., at the Roanoke Civic Center, advising that the cut-off
date for advance tickets is October 24, 1980.
At 3:10 p.m., the Vice Mayor declared the meeting recessed.
At 3:34 p.m., the meeting reconvened with Vice Mayor Butler presiding
and all members of Council present, with the exception of Mayor Taylor.
CULTURAL CENTER-PURCHASE OF PROPERTY: Mr. Landis stated that for
several months the city has been negotiating to purchase the one remaining piece
of property needed to be acquired for the cultural center parking facility, and
offered the following emergency Ordinance to purchase said piece of property:
(#25340) AN ORDINANCE providing for the compensation to be paid by
the City for the acquisition of a certain parcel of land needed by the City as
the site for a publicly owned off-street parking facility; authorizing the City
Manager to execute a contract for purchase of the sm-u~; repealing any inconsistent
provisions of Ordinance No. 25274; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 305.)
Mr. Landis moved the adoption of the Ordinance. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Vice Mayor Butler ......................................................... 6.
NAYS: None ...................................................... O.
(Mayor Taylor was absent.)
ROANOKE CIVIC CENTER COMMISSION: The Vice Mayor advised that there
is a vacancy on the Roanoke Civic Center Coumission due to the resignation of
Mr. Walter S. Clement and called for nominations to fill the vacancy.
Mr. Landis placed in nomination the name of Mr. Horace S. Fitzpatrick.
There being no further nominations, i.~. Fitzpatrick was elected as a
member of the Roanoke Civic Center Commission to fill the unexpired term of
Mr. Walter S. Clement, resigned, ending September 30, 1982, by the following
vote:
FOR MR. FITZPATRICK: Council members Bowles, Garland, Harvey, Landis,
Thomas and Vice Mayor Butler ................................................ 6.
(Mayor Taylor was absent.)
CITIZENS' TASK FORCE ON CRIME PREVENTION AND SOCIAL DEVELOPMENT:
The Vice Mayor advised that the one year terms of Messrs. Gary J. Foutz and
Robert V. BeCraft expired on June 30, 1980, and called for nominations to fill
the vacancies.
Mr. Harvey placed in nomination the name of Mrs. Sarah B. Bemiller.
Mr. Thomas placed in nomination the name of Mr. Eldridge W. Chambers.
There being no further nominations, Mrs. Sarah B. Bemiller and Mr.
Eldridge W. Chambers were elected as members of the Citizens' Task Force on
Crime Prevention and Social Development for terms of one year each ending June
30, 1981, by the following vote:
FOR MRS. BEMILLER AND MR. CHAMBERS: Council members Bowles, Garland,
Harvey, Landis, Thomas and Vice Mayor Butler .................................. 6.
(Mayor Taylor was absent.)
PARKS AND PLAYGROUNDS: The V~ce Mayor advised that there is a vacancy
on the Board of Directors, Roanoke Transportation Museum, Inc., due to the death
of Mr. J. D. Sink, and called for nominations to fill the vacancy.
Mr. Garland placed in nomination the name of Mr. Thomas F. Brady.
There being no further nominations, Mr. Thomas F. Brady was elected as
the city representative on the Board of Directors, Roanoke Transportation Museum,
Inc., to fill the vacancy created by the death of Mr. J. D. Sink, by the followim
vote:
FOR MR. BRADY: Council members Bowles, Garland, Harvey, Landis,
Thomas and Vice Mayor Butler .............................................. 6.
(Mayor Taylor was absent.)
3¸6
AT~EST:
There bein~ no further business, the Vice Hayor declared the
meetin$ adjourned at 3:39 p.m.
Deputy City Clerk
APPROVED
Vice Mayor
SPECLa, L SESSION ..... ROAItOILE CITY COUNCIL
October 3, 1980
3:30 p.m.
The Council of the City of Roanoke met in special session in the Council Chamber
in the Municipal Building, City of Roanoke, 215 Church Avenue, S. W., on Friday, October
3, 1980, at 3:30 p.m., with Mayor Noel C. Taylor presiding.
PRESENT: Council members Elizabeth T. Bowles, Wendell H. Butler, Robert A.
Garland, James G. Harvey, II, Charles L. Landis, Hampton W. Thomas and Mayor Noel C.
Taylor ............................................................................... 7.
ABSENT: None ............................................................... O.
OFFICERS PRESENT: Mr. Sam H. McGhee, III, Assistant City Manager; Mr. William
X Parsons, Assistant City Attorney; Mr. Joel M. Schlanger, Director of Finance; and Mrs.
Mary F. Parker, City Clerk.
The meeting was called pursuant to the following co~unication from
the Mayor:
"October 1, 1980
Members of Roanoke City Council
Roanoke,
Virginia
Dear Mrs. Bowles and Gentlemen:
Pursuant to Section 10 of the Roanoke City Charter, I am
calling a special meeting of the City Council on Friday,
October 3, 1980, at 3:30 p.m., in the City Council Chamber,
fourth floor of the Municipal Building for the purpose of
discussing a personnel matter.
Sincerely,
S/ Noel C~ Taylor
Noel C. Taylor
NCT:dw
CC:
Mr. H. B. Ewert, City Manager, Building
Mr. Wilburn C. Dibling, Jr., City Attorney, Building
Mr. 3oel M. Schlanger, Director of Finance, Building
Mrs. Mary F. Parker, City Clerk, Building"
ACTION:
Mr. Thomas moved that Council meet in Executive Session to discuss a
personnel matter. The motion was seconded by Mr. Garland and adopted by the
following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas ~d Mayor Taylor ...................................................... 7.
NAYS: None ........................................................ 0.
At 3:50 p.m., the }~yor declared the meeting recessed.
At 6:05 p.m., the meeting reconvened with Mayor Taylor presiding and
all members of Council present.
There being no further business, the Mayor declared the meeting
adjourned at 6:08 p.m.
APPROVED
ATTEST:
City Clerk Mayor
37
3,8
REGULAR ~EEKLY SESSION ..... ROAItOKE CITY COUIqCIL
October 13, 1980
7:30 p.m.
The Council of the City of Roanoke met in regular meeting in the Council Chamber
in the Municipal Building, City of Roanoke, 215 Church Avenue, S. W., on Honday, October
13, 1980, at 7:30 p.m., the regular meeting hour, with Mayor Noel C. Taylor presiding.
PRESENT: Council members Elizabeth T. Bowles, Wendell H. Butler, Robert A.
Garland (arrived at 7:40 p.m.), James G. Harvey, II, Charles L. Landis, Hampton W. Thomas
and Mayor Noel C. Taylor .................................................................. 7.
ABSENT: None ................................................................... 0.]
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. Sam H. McGhee, III, Assistan
City Manager; Mr. Joel M. Schianger, Director of Finance; Mr. Wilburn C. Dibling, Jr.,
City Attorney; and Mrs. Mary F. Parker, City Clerk.
The invocation was delivered by the Reverend David H. Smith, Pastor, Raleigh
Court United Methodist Church.
The Pledge of Allegiance to the Flag of the United States of America was led by
Mayor Taylor.
CITY GOVERNMENT: Dr. W. Conrad Stone, Project Chairman, Kisumu Tech-
nical Assistance Committee, appeared before Council and introduced Mr. Joseph
Owaga Otondi, Senior Clinical Officer for the Municipality of Kisumu, Kenya. Dr.
Stone advised that Mr. Otondi was selected by the Kisumu Municipal Council to
spend the month of October in Roanoke for consultation in mass eye screening
methods and operating room techniques, that Mr. Otondi holds a diploma in
pediatrics from the Medical Training Centre in Nairobi, Kenya, and bas received
training in eye disease diagnosis.
The Mayor welcomed Mr. Otondi to the City of Roanoke and presented him
with a Key to the City.
ACTION:
ACTION:
SEWERS A~ND STORM DRAINS: Pursuant to notice of advertisement for bids
for construction of the Southern Hills Storm Drain, said proposals to be received
by the City Clerk until 4:30 p.m., on Monday, October 13, 1980, and to be opened
and read before the Council at 7:30 p.m., on that date, the Mayor inquired 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 Phase I Phase II Base Bid
Wiley N. Jackson Company
Aaron J. Conner General
Contractor, Incorporated
John A. Hall & Company,
Incorporated
E. C. Pace Company,
Incorporated
Branch & Associates,
Incorporated
$205,001.40
220,393.05
214,170.90
253,491.10
249,679.90
$ 93,853.80
96,308.20
119,311.02
87,558.20
108,326.80
$298,855.20
316,701.25
333,481.92
341,049.30
358,006.70
Mr. Thomas moved that the bids be referred to a committee to be appoint-
ed by the Mayor for tabulation, report and recommendation to Council. The motion
was seconded by Dr. Butler and unanimously adopted.
The Mayor appointed Messrs. Charles L. Landis, Chairman, Sam H. McGhee,
III and Thomas F. Brady as members of the committee.
PUBLIC HEARINGS
STREETS AND ALLEYS: Pursuant to instructions of the Council contained
in Resolution No. 21414, the City Clerk set a public hearing for Monday, October
13, 1980, at 7:30 p.m., or as soon thereafter as the matter could be heard, on
the request of the City of Roanoke Redevelopment and Housing Authority that
three alleys all located in Block 7, Official Survey, N. W. 1, bounded by Wells
Avenue, Gilmer Avenue, First Street and Jefferson Street, N. W., and being a
part of the Gainsboro Redevelopment Project, be vacated, discontinued and closed,
the matter was before the body.
In this connection, a report of the City Planning Commission recom~end-
lng that the request be granted, was before Council.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
ACTION:
Mr. Daniel F. Layman, Attorney, representing the petitioner, appeared
before Council in support of the request of his client.
No one appearing in opposition to the request, Mr. Garland moved that
the following Ordinance be placed upon its first reading:
(#25341) AN ORDINANCE permanently vacating, discontinuing and closing
the three hereinafter-described alleys, all located in Block 7, Official Survey,
N. W. 1, bounded by Wells Avenue, Gilmor Avenue, First Street and Jefferson Street
N. W., and being a part of the Gainsboro Redevelopment Project, in the City of
Roanoke, Virginia, as is more particularly described hereinafter.
The motion was seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Mayor Taylor .................................................................. 6.
NAYS: None ......................................................... O.
(Dr. Butler abstained from voting because he is Chairman of the Building Committee
of First Baptist Church on Jefferson Street and Gilmer Avenue, N. E.)
ZONING: Pursuant to instructions of the Council contained in Resolu-
tion No. 21414 the City Clerk set a public hearing for Monday, October 13, 1980,
at 7:30 p.m., or as soon thereafter as the matter could be heard, on the request
of the Board of Zoning Appeals that the City Planning Commission initiate an
amendment to the definition of "personal services" in order to clarify the
intent of "personal service home occupations" in the Zoning Ordinance, the matter
was before the body.
A report of the City Planning Commission recommending as follows
was before Council:
'Personal services' be changed to read 'personal service
home occupations' and the intent of the definition be
clarified by stating that the specific home occupations
cited are illustrative. The Zoning Ordinance currently
limits 'personal service home occupations' to the
examples cited.
Permit home occupations in ail residential districts as
permitted accessory uses provided that certain conditions
which presently apply to all accessory uses in residential
districts are met. These conditions require that acces-
sory uses be ones that:
Are customarily accessory and clearly inci-
dental and subordinate to permitted princi-
pal uses and structures;
b. Do not involve the conduct of trade on the
premises;
Are located on the same lot as the permitted
principal use or structure, or on a conti-
guous lot in the same ownership;
Are not likely to attract visitors in larger
numbers than would be expected in the neigh-
borhood; and
Do not involve operations not in keeping with
the character of the area or of a nature pro-
hibited under Section 36-63."
(For full text, see report on file in the City Clerk's Office.)
No one appearing in opposition to the proposed amendment, Mr. Thomas
moved that the following Ordinance be placed upon its first reading:
(#25342) AN ORDINANCE amending Sections 36-2, Personal Services,
36-61(b) and 36-96.1, Code of the City of Roanoke (1979), as amended, to
clarify the City's Zoning regulations pertaining to home occupations.
The motion was seconded by Mr. Harvey and adopted by the following
vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................. 7.
NAYS: None ........................................................ 0.
3¸9
CONSENT AGENDA
ACTION:
ACTION:
ACTION:
ACTION:
The Mayor advised that all matters listed under the C~nsent Agenda
were considered to be routine by the City Council and would be enacted by oue
motion in the forms listed on the agenda, and if discussion was desired, that
item would be removed from the Consent Agenda and considered separately. Ne
noted that there were two requests for Executive Sessions to discuss personnel
matters included on the Consent Agenda.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss a personnel matter, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Garland moved that Council concur in the request. The motion was
seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ................................................................ ?.
NAYS: None ........................................................... O.
COUNCIL: A communication from Mrs. Bowles requesting an Executive
Session to discuss a personnel matter, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Garland moved that Council concur in the request. The motion was
seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................... 7.
NAYS: None .......................................................... O.
MINUTES: Minutes of the regular meeting of Council held on Monday,
October 6, 1980, were before Council.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Garland moved that Council dispense with the reading of the minutes
and that they be approved as recorded. The motion was seconded by Mr. Thomas
and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ................................................................. 7
NAYS: None ............................................................
BUILDINGS: The qualification of Mr. James M. Tabor as a member of the
Board of Adjustments and Appeals, Building Code, for a term of five years ending
September 30, 1985, was before Council.
Mr. Garland moved that the qualification be received and filed. The
motion was seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................... 7.
NAYS: None ......................................................... O.
REGULAR AGENDA
ACTION:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
CITY EMPLOYEES: The Mayor having previously placed an item on the
agenda requesting information concerning holidays, the matter was before Council.
The Mayor advised that he would like to discuss the matter in Executive
Session as a personnel matter; whereupon, Mr. Thomas moved that Council meet in
Executive Session to discuss a personnel matter. The motion was seconded by Mr.
Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................... 7.
NAYS: None .......................................................... O.
DOWNTOWN ROANOKE-PARKING GARAGE: The Mayor having previously placed
an item on the agenda recommending the development of a timetable and a schedule
of activities regarding the cultural center parking garage, he advised that upon
receiving his agenda on Friday, he discovered that the City Manager had placed
a similar item on the agenda and therefor, withdrew his item from consideration.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
DOWNTOWN ROANOKE: The City Manager presented to Co~cil the Management
Innovation Award for Economic and Community Development which was awarded to the
City of Roanoke by the International City Management Association and presented
at the 66th Annual Conference of the Association at lia~sba Lake, Ne~ York on
October l, 1980. The inscription on the award is as follows:
"In recognition of the implementation of a comprehensive revitalization plan
maximizing citizen participation and encouraging public/private cooperation.
Roanoke's 'Design '79' program utilized co~tcial television to provide an
unprecedented two-way forum for soliciting design suggestions from the public.
As a result of this program, residents were actively involved in an imaginative
and successful community development process."
BONDS-DOWNTOWN ROANOKE: The City Manager called upon the Director of
Public Works for a briefing on the Century Project portion of the Bond issue.
Mr. Brady advised that on May 28, 1980 Council authorized the employ-
ment of a design management team to assist the City in the completion of the
building and downtown related improvement portions of the 1979 bond issue and one
of the major thrusts of the bond issue was to prepare for the future needs of
the City with many of the projects to be completed for the City's 1OOth anniverl
in 1982 and these projects have become known as "The Century Project". He
stated that the management team has been working diligently laying the ground
work for these projects to proceed in the correct design and time fashion, and
noted the following progress to date:
1. An informational meeting was held on August 15 for all the design
firms that had indicated an interest in the projects, a booklet was
handed out, of which Council was given a copy, and 51 firms were
represented at the meeting.
2. Qualification proposals were solicited and based on the qualifi-
cations, interviews were held with 20 firms or associations of firms
on September 10 and 11.
3. A short lis~ of firms de~,~6 qualified to perform the uiffereut
projects was then developed. These firms will be those that will be
asked to submit detailed proposals along with cost information,
personnel assignments, etc.
4. During this same time period, concept statements of design and
preliminary budget information has been continually developed and
refined.
5. A meeting with the Downtown Development Committee was held on
Septe~oer 26 to brief them on progress to date.
6. The management team meets regularly on Friday mornings and
various other groups have been contacted regarding design. These
have included to date the Market Association, Library Staff, Festival
in the Park, as well as Downtown Implementation Co~ittee. Meetings
with these and other groups will continue in the future.
In further explanation, Mr. Brady noted that the following is the
present situation:
1. Concept statements have been completed and are being developed for
distribution to the firms submitting proposals. The concept statement
will be used by the firms to assess the project needs and the effort
involved. These statements insure the blending of the projects and
the continuation of the Design '79 concepts.
2. Cost consultant is preparing firm project budgets and a portion
of this will be the development of a reasonable architect/engineer
fee which will guide the architect/engineer contract.
3. The distribution of projects for comprehensive services between
the design team and the other firms has been prepared and the design
team projects are those that require more coordination with other
projects or the concepts of Design '79.
In closing, Mr. Brady asked for comments of Council on the following:
1. It is intended to give the architect/engineer firms the reasonable
fee for their work. This will allow selection to be made based on
approach, effort, and personnel involved, backed up by costing informat
to evaluate profit, overhead, travel, etc.
2. 1st Street improvements and farmers stalls have been converted
from design manager to another local firm capable of performing the
work. This project should proceed immediately and would not go through
the formal proposal stage with a number of architect/engineering
firms. This contract would be presented to Council within a couple
of weeks.
4¸2
ACT ION:
ACT I0N:
ACTION:
3. Council briefings are to be scheduled not less than quarterly with
the additional role for Council of final action on all architect/
engineer contracts, plan review, construction bidding and award.
Following a brief period of discussion, Dr. Butler offered the follow-
ing Resolution:
(#25343) A RESOLUTION establishing a timetable for construction of
the proposed Cultural Center Parking Garage.
(For full text of Resolution, see Resolution Book No. 46, page 305.)
Dr. Butler moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................... 7.
NAYS: None ...................................... ~ ................... O.
CITY MANAGER:
ITEMS RECOMMENDED FOR ACTION:
INTERMODAL TRANSPORTATION TERMINAL-GRANTS: The City Manager submitted
a written report recommending authorization to file an application to the Economic
Development Administration for $600,000 to partially fund the Roanoke Intermodal
Transportation Terminal project, and that Council commit to providing the required
20% local match if the EDA funds are granted.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
tion with
amount of
(#25344) A RESOLUTION authorizing the City Manager to file an applica-
the Federal Economic Development Administration for a grant in the
$600,000.00 for the Roanoke Intermodal Transportation Terminal.
(For full text of Resolution, see Resolution Book No. 46, page 306.)
Mrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Landis, Thomas and
Mayor Taylor ................................................................. 6.
NAYS: Council member Harvey ....................................... 1.
CITY ATTORNEY:
INDUSTRIES-COMMITTEES: The City Attorney submitted a written report
advising that at the joint meeting of the Council with the Roanoke County Board
of Supervisors held on September 25, 1980, the matter of Joint economic developmen
was considered and he was requested to draft a Resolution relating to the
matter and a proposed Roanoke Valley Industrial Fact Finding Commission and
transmitting the requested Resolution for the consideration of Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following Resolution:
(#25345) A RESOLUTION relating to a Roanoke Valley Industrial Fact
Finding Commission, its membership and powers and duties.
(For full text of Resolution, see Resolution Book No. 46, page 306.)
Mr. Landis moved the adoption of the Resolution. The motion was
seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................... 7.
NAYS: None .......................................................... O.
REPORTS OF COMMITTEES:
ROANOKE CIVIC CENTER: Council having previously deferred action on a
report of the Roanoke Civic Center Commission recommending that the five percent
admissions tax currently being charged at the Civic Center be maintained and the
collection of the parking fee be continued, the matter was again before the
body.
(For full text, see report on file in the City Clerk's Office.)
Council having also deferred action on a Resolution adopted by the
Kiwanis Club of Roanoke on July 9, 1980, expressing its opposition to a $1.00
parking fee, its favor of the elimination of said parking fee and the substitution
of a small percentage increase to the ticket price, the matter was again before
the body.
(For full text, see communication on file in the City Clerk's Office.)
43
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
Council called upon the City Attorney for a briefing to determine who
has the responsibility to set parking fees; whereupon, the City Attorney advised
that pursuant to the City Code, Council bestowed upon the Civic Center Co~mission
the authority and power to adopt and promulgate rates, charges, rentals and fees
at the Civic Center.
Mr. Harvey moved that Council concur /n the recommendation of the
Roanoke Civic Center Commission. The motion was seconded by Mr. Landis.
Hr. Garland stated that Council delegated authority to set the parking
lot fee to the Civic Center Commission but added that he feels as elected officiall
Council has an obligation to the citizens to oppose any policy, change or fee that
it does not feel is in the best interest of the City. He said he opposes the
$1.00 fee and the Civic Center would be better served by adding a three or four
per cent admissions tax which would generate an equal amount of money to the
City.
Mr. Vincent S. Wheeler, member of the Roanoke Civic Center Commission,
appeared before Council in support of the increase in the parking fee, advising
that when the parking lot was operated by Airport Parking Company of America
the City's revenue was $18,000.00 per year, that when the contract with APCOA
expired, the City took over the operation of the parking lot, and increased the
fee to $1.00 which generates approximately $82,000.00 annually.
Following a period of discussion, the motion to concur in the recommen-
dation of the Civic Center Commission was adopted, Mr. Garland voting no.
Mrs. Bowles moved that the communication from the Kiwanis Club be
received and filed. The motion was seconded by Mr. Landis and unanimously
adopted.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMHENTS BY THE MAYOR AND M~2/BERS OF COUNCIL: NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 8:45 p.m., the Mayor declared the meeting recessed.
At 10:35 p.m., the meeting reconvened with Mayor Taylor presiding and
all members of Council present.
CIVIC CENTER: The Mayor called to the attention of Council that there
is a vacancy on the Roanoke Civic Center Commission created by the resignation
of Mr. J. Carson Quarles and called for nominations to fill the vacancy.
Dr. Butler placed in nomination the name of Mr. Daniel E. Wooldridge.
There being no further nominations, Mr. Wooldridge was elected as a
member of the Roanoke Civic Center Commission for a term of three years ending
September 30, 1983, by the following vote:
FOR MR. WOOLDRIDGE: Council members Bowles, Butler, Garland, Harvey,
Landis, Thomas and Mayor Taylor .............................................. 7.
The Mayor also called to the attention of Council that there is another
vacancy on the Roanoke Civic Center Commission created by the resignation of Mr.
L. Graham Haynie for a term ending September 30, 1981, and called for nominations
to fill the vacancy.
Mr. Harvey placed in nomination the name of Mr. James M. Turner, Jr.
There being no further nominations, Mr. Turner was elected as a member
of the Roanoke Civic Center Comission to fill the unexpired term of Mr. L.
Graham Haynie, resigned, ending September 30, 1981, by the following vote:
FOR MR. TURNER: Council members Bowles, Butler, Garland, Harvey,
Landis, Thomas and Mayor Taylor ............................................... 7.
ROANOKE AREA HEALTH COUNCIL: The Mayor advised that there is a vacancy
on the Roanoke Area Health Council created by the resignation of Ms. Linda F.
Steele for a term ending August 31, 1981, and called for nominations to fill
the vacancy.
Mr. Landis placed in nomination the name of Mrs. Diane W. Elliot.
There being no further nominations, Mrs. Elliot was elected as a
member of the Roanoke Area Health Council to fill the unexpired term of Ms.
Linda F. Steele, resigned, ending August 31, 1981, by the following vote:
FOR MRS. ELLIOT: Council members Bowles, Butler, Garland, Harvey,
Landis, Thomas and Mayor Taylor ............................................. 7.
44.
ACTION:
ACTION:
ATTEST:
INDUSTRIES: The Mayor called to the attention of Council that the
four year term of Mr. Frederic H. Phillips as a Director of the Industrial
Development Authority of the City of Roanoke will expire on October 20, 1980,
and called for nominations to fill the vacancy.
Mr. Thomas placed in nomination the na~me_ of Mr. Frederic H. Phillips.
There being no further nominations, Mr. Phillips was reelected as a
Director of the Industrial Development Authority of the City of Roanoke for
a term of four years ending October 20, 1984, by the following vote:
FOR MR. PHILLIPS: Council members Bowles, Butler, Garland, Harvey,
Landis, Thomas and Mayor Taylor ................................................. 7.
Mr. Thomas then offered the following Resolution:
(#25346) A RESOLUTION appointing a director of the Industrial
Development Authority of the City of Roanoke, Virginia, to fill a four-year
term on its board of directors.
(For full text of Resolution, see Resolution Book No. 46, page 307.)
Mr. Thomas moved the adoption of the Resolution. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................. 7.
NAYS: None ........................................................ 0.
CITY EMPLOYEES-FIRE DEPARTMENT: Mr. Landis moved that the City Manager
be instructed to submit cost figures to Council providing for paid Thanksgiving
and Christmas holidays for all Roanoke City firefighters, said holidays if
granted by Council to be provided through overtime pay rather than through the
employment of additional Fire Department personnel. The motion was seconded by
Mr. Garland and unanimously adopted.
There being no further business, the Mayor declared the meeting ad
at 10:40 p.m.
APPROVED
City Clerk Mayor
SPECIAL SESSION ..... ROANOKE CITY COUNCIL
October 21, 1980
2:00 p.m.
The Council of the City of Roanoke met in special session in the Council Chamber
in the Municipal Building, City of Roanoke, on Tuesday, October 21, 1980, at 2:00 p.m.,
with Mayor Noel C. Taylor presiding.
PRESENT: Council members Elizabeth T. Bowles, Wendell N. Butler, Robert A.
Garland, James C. Harvey, II, Charles L. Landis, and Mayor Noel C. Taylor ............ 6.
ABSENT: Council member Hampton W. Thomas .................................. 1.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. Sam N. McGhee, III,
Assistant City Manager; Mr. Wilburn C. Dibling, Jr., City Attorney; Mr. Joel M. Schlanger,
Director of Finance; and Mrs. Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Mayor Noel C. Taylor.
The Pledge of Allegiance to the Flag of the United States of America was led by
Mayor Taylor.
The special meeting of Council was called pursuant to Resolution No.
25291 adopted by Council at its meeting on Tuesday, September 2, 1980, as
follows:
"A RESOLUTION establishing a Special Meeting of the
Council of the City of Roanoke on October 21, 1980, at 2:00
p.m.
WHEREAS, it appears that a Special Meeting of the Council
will be necessary to receive and read the bids for the City's
new Courts Building.
THEREFORE, BE IT RESOLVED by the Council of the City of
Roanoke that a Special Meeting be scheduled for October 21,
1980, at 2:00 p.m., for the purpose of receiving bids on the
new Courts Building and for the purpose of appointing a Bid
Committee ~o review ~he said bids."
bids for
bids and
The Mayor advised that the purpose of the special meeting is to receive
the new Courts Building and to appoint a Bid Committee to tabulate the
make a report and recommendation to the Council.
Pursuant to notice of advertisement for bids for the new Courts
Building, said proposals to be received by the City Clerk until 2:00 p.m., on
Tuesday, October 21, 1980, and to be opened and read before the Council at 2:00
p.m., on that date, or as soon thereafter as the matter could be heard, the
Mayor inquired 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:
Bidders
R. E. Lee & Son, Inc.
Branch & Associates, Inc.
McDonough Construction Co.
Romeo-Guest Associates
McDevitt & Street Co./Parke Div.
D. R. Allen & Son, Inc.
Alekna Construction Inc.
Barnhill Contracting Co.
John W. Daniel & Co., Inc.
Item 1
Base Bid
8,675,000.00
-11,000.00
8,835,000.00
-50,000.00
8,947,800.00
-116,000.00
9,048,000.00
9,088,400.00
9,200,000.00
9,373,000.00
9,499,000.00
9,977,000.00
Item 2
Alt. 1
+154,800.00
+150,000.00
+100,000.00
+177,000.00
+100,500.00
+226,000.00
+168,000.00
+117,000.00
+175,000.00
45
Bidders
R. E. Lee & Son, Inc.
Branch & Associates, Inc.
HcDonough Construction Co.
Romeo-Guest Associates
HcDevitt & Street Co./Parke Div.
D. R. Alien & Son, Inc.
Alekna Construction Inc.
Barnhill Contracting Co.
John W. Daniel & Co., Inc.
Bidders
R. E. Lee & Son, Inc.
Branch & Associates, Inc.
McDonough Construction Co.
Romeo-Guest Associates
McDevitt & Street Co./Parke Div.
D. R. Allen & Son, Inc.
Alekna Construction Inc.
Barnhill Contracting Co.
John W. Daniel & Co., Inc.
Bidders
R. E. Lee & Son, Inc.
Branch & Associates, Inc.
McDonough Construction Co.
Romeo-Guest Associates
McDevitt & Street Co./Parke Div.
D. R. Allen & Son, Inc.
Alekna Construction Inc.
Barnhill Contracting Co.
John W. Daniel & Co., Inc.
Bidders
R. E. Lee & Son, Inc.
Branch & Associates, Inc.
McDonough Construction Co.
Romeo-Guest Associates
McDevitt & Street Co./Parke Div.
D. R. Allen & Son, Inc.
Alekna Construction Inc.
Barnhill Contracting Co.
John W. Daniel & Co., Inc.
Item 3
Alt. 2
+169,060.00
+273,000.00
+212,000.00
+207,000.00
+213,300.00
+203,500.00
+224,000.00
+238,000.00
+172,000.00
Stem 5
Alt. 4
-500. O0
-500. O0
+35,000. O0
NO CHANGE
-500. O0
NO BID
-500. O0
NO CHANGE
-1,000. O0
Stem 7
Alt. 6
-65,830.00
NO BID
-98,000.00
-126,700.O0
-231,300.00
-227,000.00
-75,000.00
+60,000.00
-55,000.00
Item 9
Alt. 8
-77,370.00
-58,000.00
-94,500.00
-80,000.00
-51,600.00
-54,000.00
-77,000.00
-55,000.00
-75,000.00
Item 4
Alt. 3
-800.00
-800.00
+35,000.00
NO CHANGE
-800.00
NO BID
-800.00
NO CHANGE
-1,000.00
Item 6
Alt. 5
-86 680.00
-69 000.00
-71 000.00
-95 000.00
-58 600.00
-79 400.00
-90.000.00
-80.000.00
-75 000.00
Item 8
Alt. 7
-64,420.00
-40,000.00
-82,500. O0
-48,000. O0
-77,300. O0
-67,800.00
-78,000.00
+75,000.00
-68,000. O0
Item 10
Alt. 9
-214,890.00
-140,000.00
-202,500.00
-174,000.00
-167,500.00
-185,000.00
-196,000.00
-195,000.00
-110,000.00
47
ACTIO~:
Mr. Garland moved that the bids be referred to a committee to
be appointed by the Mayor for tabulation, report and reco~ndation to Council.
The motion was seconded by Mrs. Bowles and adopted.
ACTION:
The Mayor appointed Messrs. Charles L. Landis, Chairman, Jm'~s G.
Harvey, II, Wendell H. Butler, H. B. Ewert, Sam H. McGhee, III, Thomas F. Brady,
J~mes p. Brite and Rmy B. Willett as me. ers of the committee.
The Mayor advised that the Circuit Court Judges are interested in the
project but feel that due to statutory powers relative to the courthouse construc-
tion, they should not serve on the official Bid Comtttee. He said that Circuit
Court Judges, along with any other members of the Courts Facility Advisory
Committee, should feel free to sit in on the meetings of the Bid Committee
and/or let their co~ents or suggestions be known.
There being no further business, the Mayor declared the special
meeting adjourned at 2:35 p.m.
APPROVED
ATTEST/~_~ ~ ~
City Clerk Mayor
48
RFIIULARW~EKL¥ SESSION ..... EOANOK~ CITY CO~ItClL
October 27, 1980
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the Co,~cil Chamber
in the Municipal Building, City of Roanoke, 215 Church Avenue, S. W., on Monday, October
27, 1980, at 2:00 p.m., the regular meeting hour, with Mayor Noel C. Taylor presiding.
PRESENT: Council members Elizabeth T. Bowles (arrived at approximately 2:10 p.m.)
Wendell H. Butler, Robert A. Garland, James G. Harvey, II, Charles L. Landis, Hampton W.
Thomas and Mayor Noel C. Taylor .............................................................
ABSENT:
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. Sam H. McGhee, III,
Assistant City Manager; Hr. Wilburn C. Dibling, Jr., City Attorney; Mr. William X Parsons,
Assistant City Attorney; Mr. J~-~s D. Grisso, Deputy Director of Finance; and Hrs. Mary
F. Parker, City Clerk.
The meeting was opened with a prayer by the Reverend Roland C. Bailey, Pastor,
Roanoke Baptist Association.
The Pledge of Allegiance to the Flag of the United States of America was led by
Mayor Taylor.
CONSENT AGENDA
ACTION:
ACTION:
ACTION:
The Hayor advised that all matters listed under the Consent Agenda
were considered to be routine by the City Council and would be enacted by one
motion in the forms listed on the agenda, and if discussion was desired, that
item would be removed from the Consent Agenda and considered separately.
He noted that included on the Consent Agenda were requests for Executive Sessions
to discuss personnel matters, a matter of potential litigation and the Assistant
City Manager had orally requested an Executive Session to discuss a legal
matter.
MINUTES: Minutes of the special meeting of Council held on Friday,
October 3, 1980; the regular meeting held on Monday, October 13, 1980; and the
special meeting held on Monday, October 21, 1980, were before Council.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Garland moved that Council dispense with the reading of the
minutes and that they be approved as recorded. The motion was seconded by Dr.
Butler and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas and
Mayor Taylor .................................................................... 6.
NAYS: None ........................................................... 0.
(Mrs. Bowles had not arrived.)
COUNCIL: A communication from the Mayor requesting an Executive
Session to discuss a personnel matter, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Garland moved that Council concur in the request. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas and
Mayor Taylor ................................................................... 6.
NAYS: None .......................................................... 0.
(Mrs. Bowles had not arrived.)
COUNCIL: A communication from the Vice-Mayor requesting an Executive
Session to discuss a personnel matter, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr, Garland moved that Council concur in the request, The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas and
Mayor Taylor .................................................................... 6.
NAYS: None ........................................................... 0.
(Mrs. Bowles had not arrived.)
ACTION:
ACTION:
ACTION:
ACT ION:
ACTION:
ACTION:
CO~ITTEES-INDUSTRIES: A communication from Ms. Jeanette L. Burrows,
Secretary, Roanoke County Board of Supervisors, transmitting copy of Resolution
No. 2693 adopted by the Board on October 14, 1980, providing for the establish-
ment of a Fact Finding Commiasion to promote the Roanoke area for development
of new industries and businesses, was before Council.
(For full text, see co~munication on file in the City Clerk's Office.)
Mr. Garland moved that the co~unication be received and filed. The
motioa was seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas and
Mayor Taylor .................................................................... 6.
NAYS: None ........................................................... O.
(Mrs. Bowles had not arrived.)
SUBDIVISIONS: A report of the City Attorney in connection with
certain necessary amendments to the City's Subdivision regulations brought
about by amendments to the Code of Virginia, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that the report be referred to the City Planning
Commission for study, report and recommendation to Council. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas and
Mayor Taylor ................................................................... 6.
NAYS: None .......................................................... 0.
(Mrs. Bowles had not arrived.)
COUNCIL: A report of the City Attorney requesting an Executive
Session to discuss a matter of potential litigation, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that Council concur in the request. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas and
Mayor Taylor ................................................................... 6.
NAYS: None .......................................................... 0.
(Mrs. Bowles had not arrived.)
DIRECTOR OF FINANCE-BILLINGS AND COLLECTIONS: A report of the Director
of Finance transmitting statistics as related to the Billings and Collections
operations for the period of July through September, 1980, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that the report be received and filed. The motion
was seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas and
Mayor Taylor ................................................................... 6.
NAYS: None .......................................................... 0.
(Mrs. Bowles had not arrived.)
CIVIC CENTER: The qualifications of Mr. J~s M. Turner, Jr., to
fill the unexpired term of Mr. L. Graham Haynie, resigned, ending September 30,
1981; Mr. Horace S. Fitzpatrick to fill the unexpired term of Mr. Waiter S.
Clement, resigned, ending September 30, 1982; and Mr. Daniel E. Wooldridge for
a term of three years ending September 30, 1983, as members of the Roanoke
Civic Center Commission, were before Council.
Mr. Garland moved that the qualifications be received and filed. The
motion was seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas and
Mayor Taylor .................................................................. 6.
NAYS: None ......................................................... 0.
(Mrs. Bowles had not arrived.)
TAXES: The qualification of Mr. Maury L. Strauss as a member of the
Revenue Study Commission for a term of two years ending June 30, 1982, was
before Council.
Mr. Garland moved that the qualification be received and filed. The
motion was seconded by Dr. Butler and adopted by the following vote:
5O
ACTION:
ACTION:
AYES: Council members Butler, Garland, Marvey, Landis, Thomas and
Mayor Taylor .................................................................. 6.
NAYS: None ......................................................... 0.
(Mrs. Bowles had not arrived.)
INDUSTRIES: The qualification of Hr. Frederic H. Phillips as a Director
of the Industrial Development Authority of the City of Roanoke, Virginia,
for a term of four years ending October 30, 1984, was before Council.
Mr. Garland moved that the qualification be received and filed. The
motion was seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas and
Mayor Taylor .................................................................... 6.
NAYS: None ........................................................... O.
(Mrs. Bowles had not arrived.)
COUNCIL: The A~sistant City Manager orally requested an Executive
Session to discuss a legal matter.
Mr. Garland moved that Council concur in the request. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas and
Mayor Taylor ................................................................... 6.
NAYS: None .......................................................... O.
(Mrs. Bowles had not arrived.)
REGULAR AGENDA
ACTION:
ACTION:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
BONDS-SCHOOLS-CAPITAL IMPROVEMENTS: Councilman Hampton W. Thomas,
Chairman of the Water Resources Committee, presented a written report in
connection with a list of capital improvement projects which were presented
by the Roanoke City School Board to the Water Resources Committee at its meeting
on !~ednesday, October 15, 1980, said list having been approved by the School
Board on September 23, 1980, reco~ending that the capital improvement list be
approved with the following conditions:
"(1) the bond money will be spent on schools that are likely
to be kept open for a minimum of ten years;
(2) if the bond money is spent on schools that could close
within the next ten years, the projects should be
cost effective and produce savings larger than the re-
novation costs; and
(3) a list of priority items be submitted to Council for in-
formational purposes."
(For full text, see report on file in the City Clerk's Office.)
In this connection, the School Board submitted a priority list for
the $2 million capital plan, requesting approval of the $2 million list and
appropriation of the $700,000 received from bonds which have already been sold
by Council.
(For full text, see list on file in the City Clerk's Office.)
Mr. Thomas moved that Council concur in the priority list of capital
improvement items submitted by the School Board. The motion was seconded by
Mr. Garland and adopted.
At this point, Mrs. Bowles entered the meeting (approximately 2:10
SALE/PURCHASE OF PROPERTY-BURP. ELL MEMORIAL HOSPITAL-ROANOKE HOSPITAL
ASSOCIATION: Mr. James F. Douthat, Attorney, representing Roanoke Hospital
Association, appeared before Council and requested that the City enter into a
deed conveying all the City's right, title and interest in and to certain real
estate owned by Burrell Memorial Hospital to Roanoke Hospital Association.
(For full text, see communication on file in the City Clerk's Office.)
Following a discussion of the request, Mr. Garland moved that the
matter be referred to the City Attorney for preparation of the proper measure.
The motion was seconded by Mr. Landis and unanimously adopted.
Council requested that a communication be included in the records
from Burrell Memorial Hospital requesting and concurring in the deed of
conveyance.
ACTION:
ACTION:
ACTION:
ACTION:
At 2:20 p.m., the Mayor declared the --et~ng recessed.
At 2:30 p.m., the mmeting reconvened with Mayor Taylor presiding and
all members of the Council present.
REPORTS OF OFFICERS:
CITY MAI~AGER:
BRIEFINGS:
TRAFFIC: Mr. Richard Burrow, City Engineer, appeared before Council
and presented a briefing on right turns on red at signalized intersections.
(See report on file in the City Clerk's Office.)
Following a discussion of the matter, Mr. Garland moved that the
report be received and filed. The motion was seconded by Mrs. Bowles and
unanimously adopted.
DOWNTOWN ROANOKE: The Assistant City Manager presented a briefing on
the Hotel/Convention Complex development, advising that Council authorized the
City administration to enter into a contract with Landmark Division of Appletree
Enterprise, Incorporated, for the preparation of a lending prospectus for a
major downtown hotel/conference center, that the work was to be divided into
two phases, viz: Phase I - Market Feasibility and Phase II - Completion of
Lending Prospectus, and Phase II was to proceed only if Phase I was successful.
He further advised that Phase I is completed and shows that there is a market
in downtown Roanoke for a new first-class hotel, and Phase II work will now
begin with major objectives in this phase being hotel operator identification
and permanent financing arrangements.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that Council authorize the City Manager to proceed
with Phase II - Completion of Lending Prospectus of the contract with Landmark
Division of Appletree Enterprise, Incorporated. The motion was seconded by
Mr. Garland and unanimously adopted.
ITEMS RECOI~iENDED FOR ACTION:
CELEBRATIOnS-CITY GOVERI~ILiiT: The City I~nager submitted a written
report advising that a Centennial Office and consideration of Centennial budget
needs were recommended by the Mayor in his August 25, 1980 State of the City
Message, recommending that Council authorize creation of a temporary Centennial
Coordinator position with a beginning salary estimated at $14,834, the position
to be initially filled one-third to one-half time and progress to a full-time
position when determined to be necessary by the City Manager and the Centennial
Committee, and that the cost for this position for the remainder of this fiscal
year would be approximately $4,500.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas moved that Council concur in the recommendation and that
the report be referred to the City Attorney for preparation of the proper
measure. The motion was seconded by Mrs. Bowles and unanimously adopted.
STADIUM-ROANOKE VALLEY CHAMBER OF COMMERCE: The City Manager submitted
a written report recommending approval of the request of Roanoke Valley Chamber
of Commerce for a waiver of fees for use of Victory Stadium on November 9,
1980, to raise funds for the Sandlot Football Program of the Parks and Recreation
Department, pursuant to Resolution No. 24982.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following Resolution:
(#25347) A RESOLUTION waiving the standard rental fee for use of a
City facility.
(For full text of Resolution, see Resolution Book No. 46, page 310.)
Mr. Harvey moved the adoption of the Resolution. The motion was
seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ....................................................... 7.
NAYS: None ......................................................... 0.
CITY ATTORNEY:
INTERMODAL TRANSPORTATION TERMINAL-GRANTS: The City Attorney submitted
a written report advising that on October 13, 1980 Council adopted Resolution
No. 25344 which authorized the City Manager to file an application with the
Federal Economic Development Administration for a grant in the amount of
$600,000 for the Roanoke Intermodal Transportation Terminal, that this Resolution
was drafted based on the City Manager's information report of October 6, 1980,
and not his final report of October 13, 1980, and accordingly, the City Manager's
recommendation that Council commit itself to providing the required twenty per
cent local match if this grant is approved was not contained in the Resolution.
52
ACTION:
ACTION:
ACTION:
ACTION:
He advised that since EDA grant application must contain evidence that Council
has committed itself to the local match, an additional Resolution is transmitted
to accomplish this purpose.
(For full text, see report on file in the City Clerk's Office,)
Mrs. Bowles offered the following Resolution:
(#25348) A RESOLUTION expressing the intent of Council to provide
certain local matching funds if the City receives a grant for the Roanoke
Intermodal Transportation Terminal from the Federal Economic Development Adminis-
tration.
(For full text of Resolution, see Resolution Book No. 46, page 310.)
Mrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Landis, Thomas and
Mayor Taylor .................................................................... 6.
NAYS: Council member Harvey ......................................... 1.
LEGISLATION-REVENUE SHARING: The City Attorney submitted a written
report advising that the United States Congress recessed last month without
taking final action to reauthorize the continuance of the general revenue
sharing program which officially expired on September 30, that the National
League of Cities has begun an intensive lobbying effort to obtain the commitment
of each Senator and Congressman to continue the general revenue sharing program
and in response to the League's request for support from the constituent
cities, he has drafted a Resolution for Council's consideration with regard to
the matter.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler offered the following Resolution:
(#25349) A RESOLUTION urging the United States Congress to take
immediate action to reauthorize the Federal general revenue sharing program.
(For full text of Resolution, see Resolution Book No. 46, page 310.)
Dr. Butler moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ......................................................... 7.
NAYS: None ........................................................... O.
PARKING GARAGE-SPECIAL PERMITS: The City Attorney submitted a written
report advising that at the Financial and Planning Session of Council on Monday,
October 20, 1980, he was requested to prepare the proper measure providing that
the City lease 117 West Church Avenue to Macado's, Incorporated, for one year,
and transmitting an Ordinance which will accomplish the directive of Council.
(For full text, see report on file in the City Clerk's Office.)
Mr, Thomas moved that the following Ordinance be placed upon its
first reading:
(#25350) AN ORDINANCE providing for the lease of certain retail space
in the Municipal Parking Garage to Macado's, Inc.
The motion was seconded by Mrs. Bowies and adopted by the following
vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ........................................................ 7.
NAYS: None .......................................................... O.
DIRECTOR OF FINANCE:
BUDGET-GRANTS-HOUSING-SLUM CLEARANCE-PLANNING: The Director of
Finance submitted a written report recommending that $78,271.29, representing
Community Development Block Grant Program income received from the City of
Roanoke Redevelopment and Housing Authority, be appropriated to certain listed
accounts.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#25351) AN ORDINANCE to amend and reordain certain sections of the
1980-81 Grant Programs Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 311.)
ACTION:
ACTION:
ACTION:
ACTION:
Hr. Garland moved the adoption of the Ordinance. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, ~arland, Harvey, l~ndis,
Thomas and Mayor Taylor ...................................................... 7.
NAYS: None ........................................................ 0.
REPORTS OF COMMITTEES:
COURTHOUSE-BUDGET: Mr. Charles L. Landis, Chairman of the committee
appointed by the Mayor to tabulate bids received for construction of the Roanoke
City Courthouse, submitted a written report reco~a~nding that the low bid of R.
E. Lee & Son, Incorporated, for a total contract bid price not to exceed
$8,664,000, be accepted, and that funding be approved as outlined in the report.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#25352) AN ORDINANCE to amend and reordain certain sections of the
Capital Projects Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 312.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ....................................................... 7.
NAYS: None ......................................................... O.
Mr. Landis offered the following emergency Ordinance accepting the
proposal of R. E. Lee & Son, Incorporated:
(#25353) AN ORDINANCE accepting the proposal of R. E. Lee and Son,
Inc., for furnishing all labor, materials, equipment and services necessary for
construction of the City's new Courthouse, upon certain terms and condition~;
rejecting certain other bids made to the City; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 312.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ...................................................... 7.
NAYS: None ........................................................ O.
AIRPORT: Mr. Charles L. Landis, Chairman of the co~ittee appointed
by the Mayor to tabulate bids received for perimeter fencing, ADAP Project No.
6-51-0045-08, at Roanoke Municipal Airport, Woodrum Field, submitted a written
report recommending that all bids be rejected and that the City Manager be
authorized to readvertise the project.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following Resolution:
(#25354) A RESOLUTION rejecting all bids for certain fencing to be
constructed at Roanoke Municipal Airport, Woodrum Field.
(For full text of Resolution, see Resolution Book No. 46, page 313.)
Mr. Landis moved the adoption of the Resolution. The motion was
seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ...................................................... 7.
NAYS: None ........................................................ O.
SEWERS AND STORM DRAINS-BUDGET: Mr. Charles L. Landis, Chairman of
the com~ittee appointed by the Mayor to tabulate bids received for construction
of the Southern Hills Storm Drain Project submitted a written report recommending
that a unit price contract be awarded to Wiley N. Jackson Company in the amount
of $298,855.20, that a five per cent contingency be established for the project
in the amount of $14,942.76, and that funds be transferred therefor.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#25355) AN ORDINANCE to amend and reordain certain sections of the
1980-81 Capital Projects Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 313.)
54
ACT ION:
ACTION:
ACTION:
ACTION:
ACTION:
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ........................................................ 7.
NAYS: None .......................................................... O.
Mr. Landis offered the following emergency Ordinance accepting the
proposal of Wiley N. Jackson Company, for the total sum of $298,855.20:
(#25356) AN ORDINANCE providing for the construction of the Southern
Hills Storm Drain Project, located in the City, upon certain reigns and condi-
tions, by accepting the lowest bid made to the City; authorizing execution of
the requisite contract; rejecting certain other bids; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 314.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ....................................................... 7.
NAYS: None ......................................................... O.
AUDIT COMMITTEE: Mr. Robert A. Garland, Chairman of the Audit Committee
presented minutes of the meeting of the Committee held on October 15, 1980, in
regard to reports from the Municipal Auditor on the Roanoke City Public School
Activity Funds Audit Report and Audits of Federal Grants-in-Aid; reports from
Peat, Marwick, Mitchell & Company's June 30, 1980 audit on Evaluation of Municipal
Audit Department, Revenue Compliance Letter, Employees' Retirement System
Financial Statements, Employees' Retirement System Management Letter; and
reveiwed the Peat, Marwick, Mitchell & Company City of Roanoke Management
Letter and the written responses from the School Board and the City's Finance
Director.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Garland moved that the minutes be received and filed. The motiom
was seco,~e~ b~ ~. '£homas and unanimously adopted.
REFUSE COLLECTION: A report of the Roanoke Valley Regional Solid
Waste Management Board on the background, current situation, and anticipated
future events regarding the regional sanitary landfill, was before Council.
. (For full text, see report on file in the City Clerk's Office.)
Mr. Landis moved that the report be received and filed. The motion
was seconded by Dr. Butler and unanimously adopted.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
STREETS AND ALLEYS: Ordinance No. 25341 vacating, discontinuing and
closing three alleys all located in Block 7, Official Survey, N.W. 1, bounded
by Wells Avenue, Gilmer Avenue, First Street and Jefferson Street, N. W., and
being a part of the Gainsboro Redevelopment Project, having previously been
before the Council for its first reading on Monday, October 13, 1980, 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:
(#25341) AN ORDINANCE permanently vacating, discontinuing and closing
the three hereinafter-described alleys, all located in Block 7, Official Survey,
N. W. 1, bounded by Wells Avenue, Giimer Avenue, First Street and Jefferson
Street, N. W., and being a part of the Gainsboro Redevelopment Project, in the
City of Roanoke, Virginia, as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 46, page 308.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Mayor Taylor ....................................................................... 6
NAYS: None ............................................................ Oi
(Dr. Butler abstained from voting because he is Chairman of the Building Committee
of First Baptist Church on Jefferson Street and Gilmer Avenue, N. E.)
ZONING: Ordinance No. 25342 amending Sections 36-2, Personal Services,
36-61(b) and 36-96.1, Code of the City of Roanoke (1979), as amended, to clarify
the City's Zoning regulations pertaining to home occupations, having previously
been before the Council for its first reading on Monday, October 13, 1980, read
and adopted on its first reading and laid over, was again before the body,
Mr. Thomas offering the following for its second reading and final adoption:
ACTION:
ACTION:
ACTION:
(#25342) AN ORDINANCE ~"~nding Sections 36-2, Personal services,
36-61(b) amd 36-96.1, Code of the City of Roanoke (1979), as ~nded, to clarify
the City's Zoning regulations pertaining to home occupations.
(For full text of Ordinance, see Ordinance Book No. 46, page 309.)
Mr. Thomas moved the adoption of the Ordinance. The motion was
seconded by Mr. Landis and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ....................................................... 7.
NAYS: None ......................................................... 0.
LEASES-CITY GARAGE: Council at its Financial and Planning Session on
Monday, October 20, 1980, having instructed the City Attorney to prepare the
proper measure providing for the lease by the City of a portion of the former
Campbell Avenue garage and warehouse property to J. R. Kelley Burial Vaults,
Incorporated, he presented same; whereupon, Mrs. Bowles moved that the following
Ordinance be placed upon its first reading:
(#25357) AN ORDINANCE authorizing and providing for the lease by the
City of a portion of the former Campbell Avenue garage and warehouse property
to J. R. Kelley Burial Vaults, Inc., upon certain terms and conditions.
The motion was seconded by Dr. Butler and adopted by the following
vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ...................................................... 7.
NAYS: None ........................................................ 0.
BUDGET-SCHOOLS: Council at its Financial and Planning Session on
Monday, October 20, 1980, having instructed the Director of Finance to prepare
the proper budget Ordinance as per the request of the Roanoke City School Board
that $60,367.00 be appropriated to Combined Federal Programs for the CETA,
Title II-D, Public Service Employees Project through September 30, 1980,
Mr. Landis offered the following emergency Ordinance:
(#25358) AN ORDINANCE to amend and reordain certain sections of the
1980-81 General Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 314.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ....................................................... 7.
NAYS: None ......................................................... O.
BUDGET-SCHOOLS: Council at its Financial and Planning Session on
Monday, October 20, 1980, having instructed the Director of Finance to prepare
the proper budget Ordinance as per the request of the Roanoke City School Board
for certain appropriations to Combined Federal Programs, Mr. Landis offered the
following emergency Ordinance:
(#25359) AN ORDINANCE to amend and reordain certain sections of the
1980-81 General Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 315.)
ACTION:
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ...................................................... 7.
NAYS: None ........................................................ 0.
BUDGET-CITY EMPLOYEES: Council at its Financial and Planning Session
on Monday, October 20, 1980, having received and filed a report of the Director
of Finance in connection with reducing a budgeted lapse of Salary and Wages,
Mrs. Bowles offered the following emergency Ordinance:
(#25360) AN ORDINANCE to amend and reordain certain sections of the
1980-81 General Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 315.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ....................................................... 7.
NAYS: None ......................................................... 0.
55
55
ACTION:
ACTION:
MOTIONS A~DMISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COI~ENTS BY THE MAYOR AI/D HEHBERS OF COLR~CIL: NOI/E.
STATE HIGHWAYS-CO~ITTEES: The Hayor called to the attention of
Council that the four year terms of Ms. Joan S. Cummings, Judge James P. Brite,
and Messrs. Lewis W. Peery, Jr., John C. Clarke, Ronald M. Sharp and W. W. S.
Butler, III, as members of the City of Roanoke Transportation Safety Commission
will expire on October 31, 1980, that Judge Brice has declined to serve another
term and called for nominations to fill the vacancies.
Mrs. Bowles placed in nomination the names of Ms. Joan S. Cummings,
and Messrs. Lewis W. Peery, Jr., John C. Clarke, Ronald M. Sharp and W. W. S.
Butler, III.
There being no further nominations, Ms. Cummings, and Messrs. Peery,
Clarke, Sharp and Butler were reelected as members of the City of Roanoke
Transportation Safety Commission for terms of four years each ending October
31, 1984, by the following vote:
FOR MS. CUMMINGS AND MESSRS. PEERY, CLARKE, SHAi~P AND BUTLER:
Council members Bowles, Butler, Garland, Harvey, Landis, Thomas and Mayor
Taylor ......................................................................... 7.
OTHER HEARINGS OF CITIZENS: NONE.
At 3:20 p.m., the Mayor declared the meeting recessed.
At 4:10 p.m., the meeting reconvened with Mayor Taylor presiding and
all members of Council present.
TAXES: The City Attorney submitted a written report in connection
with the institution of a suit or suits to collect delinquent real estate taxes
and assessments by public or private judicial sale for certain parcels of real
estate that he deems appropriate as follows:
(1) Arthur H. Wood
Flora H. Wood
Lelia Williame
Legal Description
Lots 5 & 6, Block 8, Fairmount
Official Nos. 3061005 and 3061006
1015 I.~hawk Avenue, ~. ~.
(2) Bobby Lee Worley
Lots 8 & 9, Block 2, Sec. 2, Kenwood
Official Nos. 3320308 & 3320309
No Address
(3)
Nannie Koonce
Nancy Johnson Jones
Charles Buford Motley, Executor
Bertha Mae McGeorge
Part Lots 1, 2 & 3, Block 8,
Ingles/de, Official No. 2121702
717 Eighth Street, N. W.
(4) Cosmopolitan Company, Inc.
West half of southern half of Lot 9,
Sec. 2, Rogers, Fairfax & Houston
Official No. 2011722
101 Gilmer Avenue, N. W.
(5) William R. Morris, Jr.
Nellie G. Morris
Part Lot 9, Sec. 2, Rogers, Fairfax &
Houston, Official No. 2011723
404, 406, 408 First Street, N. W.
Lot 12, Block 3, Eureka Circle
Official No. 2220402
1444 Staunton Avenue, N. W.
(6)
Grover L. Hundley
Ira R. Hundley
C. E. Hundley
Ella Hundley Dana
Lorraine H. Hamlett
B. J. Hundley
James H. Hundley
Iris V. S. Hundley
Charles Eugene Hundley
James Herman Hundley
Frances M. H. Webley
Lots 26, 27 & 28, Block 8,
Riverdale Farm
Official No. 4430821
1716 Edgerton Avenue, S. E.
Mr. Garland offered the following Resolution:
(#25361) A RESOLUTION directing that the City Attorney institute and
conduct a suit or suits or collect delinquent real estate taxes and assessments
by judicial sale.
(For full text of Resolution, see Resolution Book No. 46, page 317.)
Mr. Garland moved the adoption of the Resolution. The motion was
seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ..................................................... 7.
NAYS: None ....................................................... 0.
There being no further business, the Mayor declared the meeting
adjourned at 4:15 p.m.
APPROVED
ATTEST:
City Clerk Mayor
§?
5'8
REGULAR~gKLY SESSION ..... ROAItOKE CITY COUNCIL
November 3, 1980
2:00 p.m.
The Council of the Cit~ of Roanoke met in regular meeting in the Council Chamber
in the Municipal Building, 215 Church Avenue, S. W., on Monday, November 3, 1980, at 2:00
p.m., the regular meeting hour, with Mayor Noel C. Taylor presiding.
PRESENT: Council members Elizabeth T. Bowles, Wendell H. Butler, Robert A.
Garland, James G. Harvey, II, Charles L. Landis~ Hampton W. Thomas and Mayor Noel C.
Taylor ................................................................................ 7.
ABSENT: None ............................................................... O.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. Sam H. McGhee, III, Assistan
City Manager; Mr. Wilburn C. Dibling, Jr., City Attorney; Mr. William X Parsons, Assistant
City Attorney; Mr. Joel M. Schlauger, Director of Finance; and Mrs. Mary F. Parker, City
Clerk.
The invocation was delivered by the Reverend James Burton, Pastor, Westhampton
Christian Church.
The Pledge of Allegiance to the Flag of the United States of America was led by
Mayor Taylor.
PROCLAMATIONS: The Mayor presented a proclamation declaring November 3 and 4,
1980, as Neighborhood Days in the City of Roanoke.
(For full text, see Proclamation on file in the City Clerk's Office.)
BID OPENINGS
SCHOOLS-CITY PROPERTY: Pursuant to notice of advertisement for bids
for lease of the previous Harrison School at 523 Harrison Avenue, N. W., said
proposals to be received by the City Clerk until 1:30 p.m., on Monday, November
3, 1980, and to be opened and read before the Council at 2:00 p.m., on that date,
the Mayor asked if anyone had any questions about the auvercise'~e~ 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
advised that one bid had been received from Total Action Against Poverty in
Roanoke Valley, Incorporated, and that the bid had been inadvertently opened in
her office.
The following letter proposal from TAP was then opened and read before
the Council:
"October 22, 1980
The Honorable Noel C. Taylor,
Mayor of Roanoke
Municipal Building
Room 454
Roanoke, Virginia 24011
Dear Mayor Taylor and Members of Council:
RE: Solicitation of Proposals for leasing Harrison School
Total Action Against Poverty wishes to submit for considera-
tion an official proposal for leasing Harrison School at 523
Harrison Avenue, N. W., Roanoke, Virginia.
The following information is submitted according to the instruc-
tions set forth in your Request for Proposals:
1. Proposed Term of Lease
TAP wishes to enter into a long term lease with
the City of Roanoke for a period of 40 years.
This length of time is consistent with the pos-
sible commitment for Section 8 rental subsidy and
terms of the loans from private lenders necessary
to complete the project.
2. .proposed Utilization
Use will include twelve units of elderly and handi-
capped housing, a Black Heritage Center, day care
center, community kitchen, con~nunity center, meeting
and recreational space and office space. (See
attached proposal for detailed information).
59
3. Proposal Financin~
Fix commitments from a private lender for $250,000,
Co-~unity Development Block Grant funds for
$150,000 and a grant award from HUD for $128,000
will under~rite the cost of the project. (See
attached proposal for detailed information).
Proposed Lease Fee
Because of the extensive financing necessary for pro-
Ject completion, TAP proposes that the amount of
remuniation to the City be minimal in the amount of
$10.00 per year for the forty years of the lease.
Method of Operation
Overall responsibility for operation and management
of the Harrison School facility will be vested in
the Harrison School Committee. This group is made
up of:
a. Four members of the Northwest Improvement Council
b. Four members of TAP Board of Directors
c. Two persons holding membership on both the TAP
Board and N.W.I.C.
d. Two representatives of other Northwest community
groups
There will also be a building manager/coordinator. Dis-
cussion with the Roanoke Housing and Redevelopment Autho-
rity is in progress on the feasibility of that agency
providing management and maintenance for the housing
units.
The lessee proposes to assume all costs connected with the
Operation and Maintenance of the facility for the forty
year lease period.
We trust that these responses and the attached detailed informa-
tion will clearly explain our proposed project. If you desire
further information or wish to negotiate any of the terms pro-
posed, please contact Jayne Thomas of my office. Ms. Thomas
will be the contact person representing TAP in this matter.
Sincerely,
S/Theodore J. Edlich, III
Theodore J. Edlich, III
Executive Director
Enclosures"
ACTION:
ACTION:
Mr. Thomas moved that the proposal be referred to a committee to be
appointed by the Mayor for study, report and recommendation to Council. The
motion was seconded by Mr. Landis and unanimously adopted.
The Mayor appointed Messrs. Charles L. Landis, Chairman, Sam H. McGhee,
III and James D. Ritchie as members of the committee.
CONSENT AGENDA
ACTION:
ACTION:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the City Council and would be enacted by one
motion in the forms listed on the agenda, and if discussion was desired, that
item would be removed from the Consent Agenda and considered separately. He
noted that included on the Consent Agenda were three requests for Executive
Sessions to discuss personnel matters and one matter of potential litigation.
MINUTES: Minutes of the regular meeting of Council held on Monday,
October 27, 1980, were before Council.
(For full text, see minutes on file in the City Clerk's Office.)
Mrs. Bowles moved that Council dispense with the reading of the
minutes and that they be approved as recorded. The motion was seconded by Dr.
Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor TaN
NAYS: None.
COUNCIL: A communication from Mayor Taylor requesting an Executive
Session to discuss a personnel matter, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the request. The motion was
seconded by Dr. Butler and adopted by the following vote:
6O
ACTION:
ACTION:
AYES: Council members Bowles, Butler, G~land, Harvey, Landis, Thomas
and Mayor Taylor ................................................................. 7
NAYS: None ............................................................ 0
COUNCIL: A commmmication from Mrs. Bowies requesting an Executive
Session to discuss a personnel matter, was before Council.
(For full text, see communication om file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the request. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor .............................................................. 7.
NAYS: None ......................................................... O.
COUNCIL: A report of the City Manager requesting an Executive Session
to discuss a matter of potential litigation, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the request. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ................................................................ 7.
NAYS: None ........................................................... O.
COMPLAINTS-POLICE DEPARTMENT-PARKS AND PLAYGROUNDS: A report of the
City Manager with regard to a petition from Wilmont Farms Citizens for a Better
Neighborhood relative to neighborhood concerns, advising that Police Department
representatives have met with the group with the following results: improved
communications between the neighborhood group and Police Department, more visable
daylight patrols, and better understanding of Police Department neighborhood
capabilities in dealing with concerns addressed in the petition; and a representa-
tive of the Parks and Recreation Department met with the neighborhood group to
discuss Strauss Park current and future usage, noting that the Police Department
and the Parks and Recreation Department will continue to work with the nei
group to improve conditions generally, was before Council.
ACTION:
ACTION:
(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 5y Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ..............................................................
NAYS: None ......................................................... 0.
ANIMALS-DOGS: A report of the City Manager advising of action in con-
nection with a request of Mr. Gordon L. Henry, President, Magic City Branch No.
524, National Association of Letter Carriers, regarding unleashed dogs, advising
that letter carriers have agreed to report all dog bite cases to postal autho-
rities and police; letter carriers will notify the Police Department of the
times, date and location where animals are permitted to run at large on public
property; police officers, when testifying such incidents, will make the court
aware of postal authorities' involvement as a victim of the offense; and letter
carriers will be encouraged to invoke the privilege of discontinuing service on
a temporary basis to a private residence where animals interfere with the safe
delivery of the mail until the threat from the animal has been abated.
(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 Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................... 7.
NAYS: None .......................................................... 0.
GRANTS-PLANNING: The City Manager submitted a written report advising
of the schedule for the 1981-82 Community Development Block Grant hearings as
follows:
Citizen Participation Hearings on November 11, 12, 13 at 7:30 p.m.,
at Fallon Park Elementary School (llth), Lucy Addison Junior
High School (12th) and Hurt Park Elementary School (13th);
City Administrative Proposal on January 7, 1981, at 7:30 p.m.,
in the City Council Chamber;
City Administrative Proposal to Council on January 19, 1981, at
7:30 p.m., in the City Council Chamber;
Council action on City Administrative Proposal on February 9,
1981, at 7:30 p.m., in the City Council Chamber.
(For full text, see report on file in the City Clerk's Office.)
61
AOTION:
ACTION:
ACTION:
Mrs. Bowles moved that the report be received and filed. The motion
was seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................... 7.
NAYS: None ......................................................... 0.
SCHOOLS: A report of the Director of Finance transmitting the finan-
cial statement for the Roanoke City School Board for the three months ended
September 30, 1980, 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 Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................. 7.
NAYS: None ........................................................ O.
pENDING ITEMS: A list of items pending from February 7, 1977, through
October 27, 1980, was before Council.
(For full text, see list on file in the City Clerk's Office.)
Mrs. Bowies moved that the list be received and filed. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................. 7.
NAYS: None ........................................................ 0.
REGULAR AGENDA
ACTION:
ACTION:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
Y~iCA~$: i.£r. Richard F. Pence, Attorney, representing Yellow Cab
Company of Roanoke, Incorporated, and B.P.W. Cab Company appeared before Council
in regard to an adjustment in rates for taxicab service and for-hire automobiles
in the City, requesting that the initial rate be changed from 90¢ (1/4 mile) to
90 cents (1/5 mile) and the mileage rate from 20 cents for each additional 1/4
mile to 20 cents for each additional 1/5 mile.
(For full text, see documents on file in the City Clerk's Office.)
The City Manager submitted a written report advising that the average
cab trip is two miles in length, that the rate increase will increase the cost
from the current $2.30 to a new rate of $2.70, an increase of $.20 per mile,
$.40 for the two-mile trip which equates to a 17.4% increase, and recommending
that Council approve the requested rate increase.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that the following Ordinance be placed upon its
first reading:
(#25362) AN ORDINANCE amending and reordaining subsection (g) of
Section 34-130, Rate schedule, of the Code of the City of Roanoke (1979), as
amended, establishing a schedule of rates to be charged and collected for the
transportation of passengers by taxicabs and for-hire automobiles within the
City of Roanoke.
The motion was seconded by Dr. Butler and adopted by the following
vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................ 7.
NAYS: None ....................................................... 0.
PETITIONS AND COMMUNICATIONS:
COMPLAINTS-HEALTH DEPARTMENT: A communication from Mr. Thomas J.
Surface, Attorney, representing Mr. and Mrs. Robert A. White, requesting an
adjustment in the lien of $422.48 placed against their property by the City for
cleaning weeds off the back end of said lot, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Following an explanation by the Director of Public Works and the City
Attorney concerning the procedure followed by the City prior to placing a lien
against property for the cleaning of weeds, Mr. Thomas moved that the communica-
tion be received and filed. The motion was seconded by Mrs. Bowles and unanimou
adopted.
ACTION:
ACTION:
ACTION:
The Mayor declared the meeting recessed at 2:25 p.m.
At 2:40 p.m., the meeting recomvened in the Council Chamber with Mayor
Taylor presiding and all members of Council present.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
FIRE DEPARTMENT-CITY EMPLOYEES: Council at its mmeting on Monday,
October 13, 1980, having requested that the City Manager submit cost figures
providing Thanksgiving and Christmas holidays for all Roanoke City fire fighters,
the City Manager submitted a written report setting forth alternatives for the
consideration of Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis moved that Council concur in Alternative A of the City
Manager's report which will award two holidays (Thanksgiving and Christmas)
through existing manpower. The motion was seconded by Mr. Thomas and unanimously
adopted.
TRAFFIC(PARKING)-CITY EMPLOYEES: The City Manager submitted a written
report concerning provisions for employee parking due to construction of the new
Courthouse, recommending that Council utilize the Municipal Parking Garage for
parking space use by those employees, City Council, Boards and Commissions
currently assigned parking spaces, and City-owned vehicles will be relocated to
other City-owned property in the vicinity of the Municipal Building.
(For full text, see report on file in the City Clerk's Office.)
Following considerable discussion in regard to equal treatment for all
city employees, Mr. Landis moved that Council concur in the City Manager's
recomm~endation at the present time and that the City Manager be requested to
submit a plan providing for equal treatment in regard to parking for all municipal
employees, said new plan to be implemented by January l, 1981. The motion was
seconded by Mr. Garland and unanimously adopted.
DOWNTOWN ROANOKE: The City Manager submitted a written report in
regard to holiday decorations in the Central Business District, recommending
that Council approve an enabling measure granting bowntown Roanoke, Incorporated,
the right to use City streets and traffic signal standards for the purpose of
displaying holiday decorations under the terms and conditions stated in the
report and at locations indicated in the report and at such other locations as
may be approved by the City Manager; that the administration, along with the
City Attorney's Office, will evaluate the possibility of the authority for the
reviewing and approving of these types of requests being granted to the City
Manager which will allow more timely response to the requests and the reviewing
and approval would be performed according to criteria that would be established
by Council with findings to be reported to Council at a later date.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that the following Ordinance be placed upon its
first reading:
(#25363) AN ORDINANCE permitting the installation and encroachment of
holiday decorations on certain traffic signal standards in the downtown area of
the City, upon certain terms and conditions.
The motion was seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ................................................................ 7.
NAYS: None .......................................................... 0.
BUDGET-PUBLIC ASSISTANCE: The City Manager submitted a written report
recom~ending that $92,000 be appropriated to the Social Services Department
budget for operation of the 1980-81 Fuel Assistance Program.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler offered the following emergency Ordinance:
(#25364) AN ORDINANCE to amend and reordain certain sections of the
1980-81 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 319.)
Dr. Butler moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................... 7.
NAYS: None ........................................................... O.
ACTION:
ACTION:
ACTION:
ACTION:
SMERIFF-EQUIFMENT: The City Manager submitted a written report concur-
ring in a report of the Bid Committee reco~m~nding that the bid of Magic City
Motor Corporation, in the amount of $10,757.76, for a window van for the Sheriff'l
Department, be accepted, and that all bids om the compact automobile be rejected.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#25365) AN ORDINANCE providing for the purchase of one (1) window
van upon certain terms and eomditions; accepting a certain bid made to the City
for furnishing and delivering such vehicle; rejecting certain other bids,
including all bids for a compact automobile; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 319.)
Mr. Landis moved the adoption of the Ordinance. The motion was second
by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................. 7.
NAYS: None ........................................................ O.
CITY ATTORNEY:
AIRPORT: The City Attorney submitted a written report transmitting an
Ordinance to acquire the air rights above certain property owned by Mr. and Mrs.
Jerry H. Garst, located in the vicinity of Roanoke Municipal Airport, Woodrum
Field, needed for the landing directional aid (LDA) and operation of the
landing system for Runway 5.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency Ordinance:
(#25366) AN ORDINANCE authorizing the purchase by the City of air
rights over certain real estate located in the vicinity of Roanoke Municipal
Airport, Woodrum Field, from Mr. and Mrs. Jerry H. Garst; authorizing the City
Manager to execute and dei~ver an agreement effecting this purchase, authorizing
the consummation of the transaction; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 320.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
by Mr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................... 7.
NAYS: None .......................................................... 0.
SCHOOLS-PURCHASE/SALE OF PROPERTY: The City Attorney submitted a
written report transmitting an Ordinance to acquire certain properties owned by
Builders Investment Group located in the vicinity of Ferneliff Avenue and High-
land Farm Road, N. W., for school purposes, and in exchange for the acquisition
of such properties, the City would agree to provide certain required improvements
at the northeasterly terminus of Countryside Road, N. W., and at the intersection
of Ferncliff Avenue, N. W., and Highland Farm Road, N. W.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas moved that the following Ordinance be placed upon its first
reading:
(#25367) AN ORDINANCE authorizing the execution and implementation of
a contract with Builders Investment Group providing for the conveyance of certain
properties to the City in exchange for the improvement of certain property of the
City located on Countryside Road, N. W., and at the intersection of Ferncliff
Avenue, N. W., and Highland Farm Road, N. W., and dedicating property for school
purposes.
The motion was seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................. 7.
NAYS: None ........................................................ O.
BURl{ELL MEMORIAL HOSPITAL-ROANOKE HOSPITAL ASSOCIATION: The City
Attorney submitted a written report transmitting an Ordinance to release all the
City's interest in property owned by Burrell Memorial Hospital Association upon
its conveyance to Roanoke Memorial Hospital Association.
(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:
6-4
ACTION:
ACTION:
ACTION:
ACTION:
(~25368) AN ORDINANCE providing for the City's release of all right,
title and interest in and to certain real estate owned by Burrell Memorial Hospi-
tal Association upon conveyance of such real estate to Roanoke Hospital Associa-
tion.
The motion was seconded by Mr. Landis and adopted by the following
vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................. 7.
NAYS: None ........................................................ 0.
In this connection, a com~unication from Mr. Richard E. Viar, Attorney,
representing Burrell Memorial Hospital Association, requesting that the City
enter into an appropriate deed conveying all right, title and interest in and to
certain real estate owned by Burrell Memorial Hospital Association to Roanoke
Memorial Hospital Association, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Garland moved that the communication be received and filed. The
motion was seconded by Mr. Thomas and unanimously adopted.
LICENSES: The City Attorney submitted a written report transmitting
an Ordinance raising the City's vehicle license fees to the State maximums by
adopting by reference State vehicle license tax provisions.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler moved that the following Ordinance be placed upon its first
reading:
(#25369) AN ORDINANCE amending and reordaining Section 20-28, Tax
imposed, Section 20-29, Proration of tax, Section 20-32, Plate, tap or decal -
Issuance~ contents and color of decals; Section 20-33, Same - Display, and Section
20-34, Same - Transfer, of the Code of the City of Roanoke (1979), as amended,
to conform the City's vehicle license tax rates to those of the State, to expand
provisions for proration of such taxes and transfer of such licenses and to pro-
vide for display of motorcycle decals; repealing Section 20-30, Tax not to exceed
amount imposed by state, Code of the City of Roanoke (1979), as amended; and
providing an effective date for this ordinance.
The motion was seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor .............................................................. 7.
NAYS: None ......................................................... 0.
DIRECTOR OF FINANCE:
BUDGET-SCHOOLS: The Director of Finance submitted a written report
transmitting an Ordinance transferring $592,074.00, representing the Roanoke
City Schools' portion of the undesignated fund balance, to its Capital Outlay
account.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#25370) AN ORDINANCE to amend and reordain certain sections of the
1980-81 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 320.)
Mr. Landis moved the adoption of the Ordinance. The motion was seconded
by Mr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ................................................................ 7.
NAYS: None ........................................................... O.
BUDGET-SCHOOLS: The Director of Finance submitted a written report
transmitting an Ordinance transferring $700,000.00 of bond funds to the School
category of the Capital Projects Fund as requested by the Roanoke City Schools
on October 27, 1980.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler offered the following emergency Ordinance:
(#25371) AN ORDINANCE to ammnd and reordain certain sections of the
1980-81 Capital Projects Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 321.)
Dr. Butler moved the adoption of the Ordinance. The motion was
seconded by Mr. Landis and adopted by the following vote:
ACTION:
ACTION:
ACTION:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor .............................................................. 7.
NAYS: Nome ......................................................... O.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
PARKING GARAGE: Ordinance No. 25350 providing for the lease of cer-
tain retail space in the Municipal Parking Garage to Mucado's, Incorporated,
having previously been before the Council for its first reading on Monday,
October 27, 1980, read and adopted on its first reading and laid over, was again
before the body, Mr. Thomas offering the following for its second reading and
final adoption:
(#25350) AN ORDINANCE providing for the lease of certain retail space
in the Munieipal Parking Garage to Macado's, Inc.
(For full text of Ordinance, see Ordinance Book No. 46, page 318.)
Mr. Thomas moved the adoption of the Ordinance. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor .............................................................. 7.
NAYS: None ......................................................... O.
CITY PROPERTY-PUBLIC WORKS: Ordinance No. 25357 authorizing and
providing for the lease by the City of a portion of the former Campbell Avenue
garage and warehouse property to J. R. Kelley Burial Vaults, Incorporated, upon
certain terms and conditions, having previously been before the Council for its
first reading on Monday, October 27, 1980, read and adopted on its first reading
and laid over, was again before the body, Mr. Thomas offering the following for
its second reading and final adoption:
(#25357) AN ORDINANCE authorizing and providing for the lease by the
City of a portion of the former Campbell Avenue garage and warehouse property to
J. R. Kelley Burial Vaults, Inc., upon certain terms and conditions.
(For f~il Cexg of Ordinance, see Ordinance Book No. 40, page 31o.)
Mr. Thomas moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................... 7.
NAYS: None .......................................................... O.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: NONE.
INSURANCE: Councilman Harvey requested that the City Manager present
an update on medical insurance coverage for city employees; whereupon, the City
Manager submitted a written report advising that a Medical Insurance Advisory
Co~ittee is in the process of being formed and appointed by the City Manager
with membership being selected from volunteers who are members of the group from
certain categories; setting forth the guidelines for the Advisory Committee; and
advising of policies which will be reserved for City Council and not for consider~
tion by the committee.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that the report be received and filed. The motion
was seconded by Dr. Butler and unanimously adopted.
OTHER HEARINGS OF CITIZENS: NONE.
At 3:25 p.m., the Mayor declared the meeting recessed.
At 4:55 p.m., the meeting reconvened with Mayor Taylor presiding and
all members of the Council present.
FIRE DEPARTMENT: The Mayor advised that there is a vacancy on the
Board of Fire Appeals created by the resignation of Mr. Robert E. Mullen for a
term of four years ending June 30, 1984, and called for nominations to fill the
vacancy.
Mr. Garland placed in nomination the name of Mr. Ross C. Hart.
There being no further nominations, Mr. Hart was elected as a member
of the Board of Fire Appeals for a term of four years ending June 30, 1984, by
the following vote:
FOR MR. HART: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ....................................................... 7.
6'6
TRAFFIC: The Mayor advised that there is a vacancy on the City of
Roanoke Transportation Safety Commission to fill the unexpired term of Hr. J~s
D. Sink, deceased, ending October 31, 1982, and called for nominations to fill
the vacancy.
The Hayor also advised that there is another vacancy on the City of
Roanoke Transportation Safety Commission due to the resignation of Judge Jamos
P. Brite for a term of four years ending October 31, 1984, and called for nomina-
tions to fill the vacancy.
Hrs. Bowles placed in nomination the vamo of Mr. Richard B. Burrow.
Mr. Thomas placed in nomination the name of Judge Charles O. Cornelison.
ACTION:
There be£ng no further nominations, Mr. Burrow was elected to fill the
unexpired term of Mr. J. D. Sink, deceased, ending October 31, 1982; and Judge
Cornelison was elected for a four year term ending October 31, 1984, as members
of the City of Roanoke Transportation Safety Commission by the following vote:
FOR MR. BURROW AND JUDGE CORNELISON: Council members Bowles, Butler,
Garland, Harvey, Landis, Thomas and Mayor Taylor .............................. 7.
PUBLIC ASSISTANCE: The Mayor advised that the four year terms of Mrs.
Priscilla A. Tarplee and Mr. Clyde Roland as members of the Advisory Board of
Human Resources will expire on November 30, 1980, and called for nominations to
fill the vacancies.
Mr. Thomas placed in nomination the names of Mrs. Priscilla A. Tarplee
and Mr. Clyde Roland.
ACTION:
There being no further nominations, Mrs. Tarplee and Mr. Roland were
reelected as members of the Advisory Board of Human Resources for terms of four
years each ending November 30, 1984, by the following vote:
FOR MRS. TARPLEE AND MI1. ROLAND: Council members Bowles, Butler,
Garland, Harvey, Landis, Thomas and Mayor Taylor ............................. 7.
ACTION:
CITY ASSESSOR: Mrs. Bowles moved that Council appoint Mr. James L. C.
McKenzie, the current Chief of Billings and Collections for the City of Roanoke,
as Acting City Assessor until such time as a new City Assessor is appointed by
Council, that Mr. McKenzie will report to the Director of Finance and he will
be responsible for appointment of all personnel and job responsibilities within
the Assessor's Office. The motion was seconded by Mr. Landis and unanimously
adopted.
There being no further business, the Mayor declared the meeting
adjourned at 5:00 p.m.
APPROVED
ATTEST:
City Clerk Mayor
REGULAR WEEKLY SESSION .... ROANOKE CITY CO[INCIL
November 10, 1980
7:30 p.m.
The Council of the City of Roanoke met in regular m~eting in the Council Chamber
in the Municipal Building, 215 Church Avenue, S. W., on Monday, Navember 10, 1980, at 7:30
p.m., the regular meeting hour, with Vice-Mayor Wendell H. Butler presiding.
PRESENT: Council members Elizabeth T. Bowles, Robert A, Garland, James G.
Harvey, II, Charles L. Landis, Hampton W. Thomas and Vice-Mayor Wendell R. Butler .......
ABSENT: Mayor Noel C. Taylor .................................................. 1.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. Sam H. McGhee, III, Assistan
City Manager; Mr. Wilburn C. Dibling, Jr., City Attorney; Mr. William X Parsons, Assistant
City Attorney; Mr. Joel M. Schlanger, Director of Finance; and Mrs. Mary F. Parker, City
Clerk.
The invocation was delivered by the Reverend David W. Woodruff, Pastor, St.
Elizabeth's Episcopal Church.
The Pledge of Allegiance to the Flag of the United States of America was led by
Vice-Mayor Butler.
PROCLAMATIONS: The Vice-Mayor presented a proclamation declaring Tuesday,
November 11, 1980, as Veterans Day in the City of Roanoke.
(For full text, see proclamation on file in the City Clerk's Office.)
PROCLAMATIONS: The Vice-Mayor presented a proclamation declaring the second
week in November, 1980, as Youth Appreciation Week in the City of Roanoke.
(For full text, see proclamation on file in the City Clerk's Office.)
BID OPENINGS
ACTION:
SEWERS AND STORM DRAINS: Pursuant to notice of advertisement for bids
for construction of the Cravens-Barnhart Sewage Collection System, Project II,
said proposals to be received by the City Clerk until 4:30 p.m., on Monday,
November 10, 1980, and to be opened and read before the Council at 7:30 p.m., on
that date, the Vice-Mayor asked if anyone had any questions about the advertiseme~
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:
Aaron J. Conner General Contractor,
Incorporated $ 104,254.25
E. C. Pace Company, Incorporated - 125,186.20
S. C. Rossi & Company, Incorporated - 147,097.00
J. P. Turner & Brothers, Incorporated - 155,097.50
C. F. W. Construction Company,
Incorporated - 158,982.00
Dixon Contracting, Incorporated - 159,126.50
Staunton Construction Company,
Incorporated - 237,323.00
Mr. Thomas moved that the bids be referred to a committee to be
appointed by the Vice-Mayor for tabulation, report and reco~endation to Council.
The motion was seconded by Mr. Harvey and adopted.
The Vice-Mayor appointed Messrs. Charles L. Landis, Chairman, S. H.
McGhee, III, and Thomas F. Brady as members of the co~ittee.
PUBLIC HEARINGS
HOUSING: Pursuant to instructions of the Council contained in Resolutic
No. 21414, the City Clerk set a public bearing for Monday, November 10, 1980, at
7:30 p.m., or as soon thereafter as the matter could be heard, on Conservation
Plans which have been proposed by the City of Roanoke Redevelopment and Housing
Authority for the Belmont and Harrison Avenue Conservation Projects, the matter
was before the body.
In this connection, a report of the City Manager recommending that
Council concur in and adopt the proposed Conservation Plans to provide for
compliance with state and federal regulations, initiation of neighborhood revital-
ization in two neighborhoods and to meet neighborhood resident expectations
relative to physical improvements and housing improvement loans and grants, was
before the body.
(For full text, see report on file in the City Clerk's Office.)
¸68
ACTION:
ACTION:
A report of the City Planning Commission recome~ndlng that Council
concur in the Conservation Plans by proper legal ~easure, was also before the
body.
(For full text, see report on file in the City Clerk's Office.)
Resolutions from the City of Roanoke Redevelopment and Housing
approving the Conservation Plans, conditions under which relocation payments
will be made, and property rehabilitation standards for the Belmont and Harrison
Avenue Conservation Projects, were before Council.
(For full text, see Resolutions on file in the City Clerk's Office.)
The Vice-Mayor inquired if there were persons present who would like
to address Council regarding the Conservation Plans, amd there being none,
Mr. Thomas offered the following Resolution approving the Conservation Plan for
the Belmont neighborhood:
(#25372) A RESOLUTION approving a conservation plan for the Belmont
neighborhood of the City.
(For full text of Resolution, see Resolution Book No. 46, page 326.)
Mr. Thomas moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Vice-Mayor Butler ............................................................... 6
NAYS: None ......................................................... O.
(Mayor Taylor was absent.)
Mr. Thomas offered the following Resolution approving the Conservation
Plan for the Harrison neighborhood:
(#25373) A RESOLUTION approving a conservation plan for the Harrison
Avenue neighborhood of the City.
(For full text of Resolution, see Resolution Book No. 46, page 326.)
Mr. Thomas moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Vice-Mayor Butler .............................................................. 6.
NAYS: None .......................................................... 0.
(Mayor Taylor was absent.)
CONSENT AGENDA
ACTION:
ACTION:
The Vice-Mayor advised that all matters listed under the Consent
Agenda were considered to be routine by the City Council and would be enacted by
one motion in the forms listed on the agenda, and if discussion was desired,
that item would be removed from the Consent Agenda and considered separately.
He noted that included on the Consent Agenda were two requests for Executive
Sessions to discuss personnel matters and the City Attorney had orally requested
an Executive Session to discuss a matter of potential litigation.
MINUTES: Minutes of the regular meeting of Council held on Monday,
November 3, 1980, 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 they be approved as recorded. The motion was seconded by Mr. Harvey
and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Vice-Mayor Butler ............................................................. 6.
NAYS: None ......................................................... O.
(Mayor Taylor was absent.)
COUNCIL: A co~unication from the Vice-Mayor requesting an Executive
Session to discuss a personnel matter, was before Council.
(For full text, see co~unication on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the request. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Vice-Mayor Butler ............................................................... 6.
NAYS: None ........................................................... O.
(Mayor Taylor was absent.)
'6'9
ACTION:
ACTION:
ACTION:
ACTION:
COUNCIL: A communication from Mrs. Bowles requeating an Executive
Session to discuss a personnel matter, was before Council.
(For full text, see co~unication on file in the City Clerk's Office.)
Hrs. Bowles movad that Council concur in the request. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Vice-Mayor Butler ............................................................ 6.
NAYS: None ....................................................... O.
(Mayor Taylor was absent.)
HOUSING: A communication from the Reverend Marvin E. Jacobs tendering
his resignation as a Commissioner of the City of Roanoke Redevelopment and
Housing Authority, 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:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Vice-Mayor Butler ............................................................... 6.
NAYS: None ........................................................... 0.
(Mayor Taylor was absent.)
DIRECTOR OF FINANCE-BUDGET: A report of the Director of Finance
transmitting comparative analyses regarding special reports on the City's finan-
cial records, was before Council.
(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 adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Vice-Mayor Butler ........................................................... 6.
NAYS: None ......................................................... 0.
(Mayor Taylor was absent.)
COUNCIL: An oral request of the City Attorney for an Executive
Session to discuss a matter of potential litigation, was before Council.
Mrs. Bowles moved that Council concur in the request. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Vice-Mayor Butler ............................................................ 6.
NAYS: None ........................................................ O.
(Mayor Taylor was absent.)
REGULAR AGENDA
ACTION:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
SEWERS AND STORM DRAINS: A request of Messrs. Bradley Underwood, Gary
J. Foutz and Ben Tyree to address Council on behalf of residents of southeast
Roanoke in regard to the handling of sludge at the Sewage Treatment Plant, was
before the body.
In regard to the above matter, Mr. Thomas moved that Council meet in
Executive Session to discuss a legal matter. The motion was seconded by Mrs.
Bowles and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Vice-Mayor Butler ............................................................. 6.
NAYS: None ......................................................... 0.
(Mayor Taylor was absent.)
The Vice-Mayor declared the meeting recessed at 7:50 p.m.
The meeting reconvened at 8:15 p.m., with Vice-}~yor Butler presiding
and all members of Council present, with the exception of Mayor Taylor.
7O
Hr. Thomas advised that a special meeting of the Water Resources
Comtttee was held in conjunction with the Council on Wednesday, November 5,
1980, in regard to the matter and presented an overvie~ of the meeting and the
situation in regard to the handling of sludge at the Sewage Treatment Plant. He
stated that originally the Sewage Treatment Plant expansion consisted of Contractl
A - E which were completed, that Contract F was not funded by the Federal Govern-
ment nor was it undertaken at that time and it dealt specifically ~rlth the
matter of disposal of sludge and the current problem. He added that at the
meeting on November 5, there was a mutual exchange of info~mation between the
Water Resources Committee, the administration, the members of Council and the
citizens in which they were advised that there are alternatives available to the
City, each of which are in varying amouats of cost from $2 million to approximate]
$41 million, that the timetable, no matter which of the alternatives are selected,
would be in the neighborhood of 24 months but most importantly, the question that'
continues to coma up is why was the matter not addressed sooner. In explanation,
he stated that the City has been endeavoring to secure additional federal grants
in order to get the project underway and it appears that federal grants, if
available, are a long way down the road which leaves the City of Roanoke and the
various users of the Sewage Treatment Plant with no other alternative but to
look at what best suits our needs at the present time using local funds to take
care of the problem.
Hr. Bradley Underwood, 1113 Morton Avenue, S. E., appeared befor~
Council and presented samples of the sludge taken from the field that afternoon.
He expressed opposition to the pumping of the sludge, advising of devaluation of
property, breeding of mosquitoes, offensive odors, and loss of pride for homes
and property. He appealed to Council for an alternative to the situation and
presented petitions signed by 1,277 southeast residents in opposition to the
method of handling sludge.
(For full text, see petition on file in the City Clerk's Office.)
Mrs. Frances Brooke, 906 Dale Avenue, S. E., appeared before Council
and advised of offensive odors, and noted that residents do not want pine trees
planted to block the view of the sludge in the fields. She said the people of
southeast do not want to pay any more money for mistakes made by the City at the
Sewage Treatment Plant, and expressed concern that southeast residents were not
given advance information on the proposed procedure for handling sludge.
Mr. Gary J. Foutz, 1022 Morgan Avenue, S. E., appeared before Council
representing the Southeast Neighborhood Alliance, and presented the following
points: (1) the people of southeast do not feel that a property tax adjustment
would help in any way because they are concerned withmarket values, not city
appraisals; (2) residents would like to have information regarding the cost of
the Sewage Treatment Plant expansion; (3) residents would like to know what
substance will be sprayed in the area, the cost, and assurance from the City
Health Department that the problem will not create a health hazard; (4) residents
feel there should be a decrease in their sewage tax bills; (5) residents question
that if the sludge is safe, why is it necessary for employees at the Sewage
Treatment Plant to have a tetanus and diphtheria shot every ten years; (6)
residents feel it was poor planning, judgment and management by the City that
southeast citizens were not informed prior to initiation of the procedure; and
(7) residents would like to know when the City knew of the problem and why they
did not take the $39,000 - $40,000 which was spent on flowers and apply it
toward the sludge problem. He advised that if residents cannot get any assistance
from Council, they are prepared to go to a higher source.
Mr. Kiser, Director of Utilities and Operations, appeared before
Council and advised that it is the intention of the administration to make a
report to the Water Resources Committee on December 17, 1980, in regard to
reco~endations for the final solution of handling sludge.
Mr. Garland stated that southeast residents are looking for some
interim type of solution and assurance and asked the administration what it
intends to do to keep the odor and insects under control; whereupon, the City
Manager advised that the administration will make a recommendation to the Water
Resources Committee at its meeting in December which will deal with all the
points raised by Mr. Foutz so that the Committee may decide what direction it
would like to pursue.
Mr. Thomas suggested that those persons who would like to be informed
of meetings and communications in regard to the matter, advise the City Clerk
accordingly, noting that this is one of the most constructive things that could
be done at this point in order to keep southeast residents abreast of what the
City is trying to accomplish.
In regard to the question of when the City was made aware of the fact
that it had a problem, Mr. Kiser advised that money was approved in the 1980-81
fiscal year budget for a feasibility study, that he became aware of the problem
in late fall or early winter of 1979 and Council was made aware of the situation
when the budget request was submitted as a budget item which would have been a
routine matter to the Council, and the Water Resources Committee was advised of
the matter on May 14, 1980.
Mr. Underwood requested that Council give the residents some assurance
that no more sludge will be pumped into the fields, advising that Mr. Kiser
previously stated that no more sludge would be pumped this winter; whereupon,
Mr. Kiser stated that the reason sludge cannot be pumped in the winter is
because the pipe line and pumps will freeze end it was hoped to pump enough
ACTION:
ACTION:
sludge during the s-~r months to build reserve capacity to last through the
winter until next eum~r. He said the plan is to pump the sludge into the
field if it can be absorbed into the ground, monitor it, and furnish the
ground water, river, and soil update results to the Health Department,
Mr. Thomas stated the point should be made that the City of Roanoke
unilaterally cannot make decisions at the Sewage Treatment Plant, that the
State Health Department and the State Water Control Board have to be parties to
these decisions and that which the City does and the funds it receives to
operate have to be approved by those departments.
Vice-Mayor Butler concluded the ~atter by advising that the administra-
tion will submit recommendations regarding a solution to the handling of sludge
at the Sewage Treatment Plant to the Water Resources Comtttee at its ~eeting
on Wednesday, December 17, 1980, at 2:00 p.m.
Later during the meeting, under the Other Hearings of Citizens portion
of the agenda, the City Manager advised that Mr. Garland asked if there was
something that could be done in terms of interim measures, advising that spraying
will be done as needed immediately and the administration will look into anything
else that will immediately solve the problems in terms of where the sludge is
at this point. He said if the members of Council have any ideas or suggestions
about what could be done, he would appreciate hearing their comments. He
advised that he would report back to the Council and the Water Resources Committe~
as to any action which is taken between now and the date of the Water Resources
Committee meeting on December 17.
The Vice-Mayor declared the meeting recessed at 8:45 p.m.
The meeting reconvened at 9:00 p.m., with Vice-Mayor Butler presiding
and all members of Council present, with the exception of Mayor Taylor.
PETITIONS AND COMMUNICATIONS:
APPALACHIAN POWER COMPANY: A communication from Dr. J. Carl Poin-
dexter in regard to enactment of special legislation to compensate Appalachian
Power Company and its customers for damages resulting from nullification by
Congress of the Blue Ridge hydroelectric project on New River, advising that
Senator John W. Warner has indicated that he might be persuaded to introduce
special legislation which would effectively recompense APCO customers for
damages/losses and requesting that Council provide expressions of interest to
Senator Warner, was before the body.
(For full text, see coz~nunications on file in the City Clerk's Office.)
In view of the fact that on September 22, 1980, the matter was referred
to the City Manager for report to Council, Mr. Landis moved that action on Dr.
Poindexter's request be deferred pending receipt of a report from the City
Manager. The~otion was seconded by Mr. Thomas and adopted.
REPORT~ OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
HOUSING: The City Manager submitted a written report in connection
with the Urban Homesteading Program, advising that the Comunity Development
Block Grant agreement includes approximately $442,000.00 for rehabilitation of
private property in Belmont, Hurt Park and Harrison Avenue areas, that there
will be no direct cost to the City and indirect costs associated with vacant,
dilapidated and dangerous housing would decrease as this housing is upgraded,
rehabilitation of vacant housing would be enhanced by the program's operation
and home ownership would be made possible for a number of moderate and low
income families,
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following Resolution:
(#25374) A RESOLUTION concurring in and approving a certain Urban
Homesteading Program to be administered by the Roanoke Redevelopment and Housing
Authority.
(For full text of Resolution, see Resolution Book No. 46, page 327.)
Mr. Landis moved the adoption of the Resolution. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Garland, Landis, Thomas and Vice-Mayor
Butler ......................................................................... 5.
NAYS: None ......................................................... 0.
(Mayor Taylor was absent.) (Mr. Harvey abstained from voting because he owns
one house which may be included in the Urban Homesteading Program.)
71
ACTION:
ACTION:
ACTION:
HOUSING: The City M-mager submitted a written report in commection
with the ~habilitation Loan Program, advising that conservation areas in which
emphasis has been placed on rehabilitation of existing housing have been estab-
lished or are proposed for Riverdale, Highland Park (Old Southwest), Hurt Park,
Gilmer Avenue area, Harrison Avenue area, amd Belmont, that rehabilitation loam
progr,m~ have been established by the Housing Authority for each of these
areas, but the provisions therein have varied as different approaches have been
attempted and these progrnm~ help implement the various conservation plans but
are not a formal part thereof, and recommending that Council concur in the
Rehabilitation Loan Program adopted by the City of Roanoke Redevelopmmnt and
Housing Authority.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
({25375) A RESOLUTION concurring in a certain uniform rehabilitation
loan program to be implemented by the Roanoke Redevelopment and Housing Authority.
(For full text of Resolution, see Resolution Book No. 46, page 327.)
Mrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Garland, Landis, Thomas and Vice-
Mayor Butler ................................................................... 5.
NAYS: None ......................................................... O.
(Mayor Taylor was absent.) (Mr. Harvey abstained from voting because he owns a
house which may be included in the Rehabilitation Loan Program.)
HOUSING: The City Manager submitted a written report in connection
with Spot Rehabilitation/Emergency Repair Program, recommending that Council
concur in the program and amend the contract with the Roanoke Redevelopment and
Housing Authority to include implementation by them, advising that there would
be no cost to the City since funds have been budgeted previously from Co,unity
Development Block Grant funds, preservation and rehabilitation of existing
housing stock would be reinforced by additional program and funding, living
conditions of housing disadvantaged would be improved beyond that resulting
from existing programs and compliance with the Community Development Block
Grant budget and contract would be achieved.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas offered the following emergency Ordinance:
(#25376) AN ORDINANCE approving a City-wide Spot Rehabilitation/
Emergency Repair Program to be administered by the Roanoke Redevelopment and
Housing Authority (RRMA) and providing for an amendment to the City's Contract
for Services with the RRHA for the administration of this Program; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 327.)
Mr. Thomas moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Garland, Landis, Thomas and Vice-Mayor
Butler .....................................................................
NAYS: None ...................................................... O.
(}~yor Taylor was absent.) (Mr. Harvey abstained from voting because he owns
a house which may be included in the Spot Rehabilitation/Emergency Repair Program.
The City Manager presented a matrix showing 24 housing programs in
which the City is currently engaged.
(For full text, see matrix on file in the City Clerk's Office.)
BUDGET-MARKET-DOWNTOWN ROANOKE: The City Manager submitted a written
report in regard to an architectural agreement for the farmers' stalls and
First Street, S. E., improvements, recommending adoption of the proper measure
authorizing execution of an architectural services agreement with Gregory amd
Associates, Architects, for a lump sum of $20,000.00 for basic services plus a
not to exceed $6,000.00 for any additional services and any reimbursable expenses;
and that Council authorize the transfer of $20,300.00 from Public Improvement
Bonds Series 1980A - Public Buildings for the Farmers' Stalls and $5,700.00
from Capital Improvement Reserve -- Completed Projects Excess Appropriations
for the First Street, S. E., Improvements, to new capital accounts to be estab-
lished by the Director of Finance.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance amending and
reordaining certain sections of the 1980-81 budget:
73
ACT ION:
(#253?7) Alt ORDINANCE to amend and reordain certain sections of the
1980-81 Capital Projects Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 328.)
Hrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Hr. Garland and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Vice-Mayor Butler .......................................................... 6.
NAYS: None ....................................................... O.
(Mayor Taylor was absent.)
Mrs. Bowles offered the following emergency Ordinance:
(#25378) AN ORDINANCE authorizing the employment of the professional
services of certain architects to provide design, cost estimates, drawings and
specifications, and bidding documents and other related services, in connection
with improvements to the farmers' stalls in the market area and to First Street,
8. E., upon certain terms and conditions; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 328.)
ACTION:
ACTION:
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Vice-Mayor Butler .............................................................. 6
NAYS: None ........................................................... 0
(Mayor Taylor was absent.)
SEWERS AND STORM DRAINS: Council at its meeting on September 8,
1980, having requested that the City Manager and the City Attorney report on
the question of delayed payments and charging based un the first assessment for
the Fairland Lake and Glenavon Sewer Assessment Project, the City Manager and
the City Attorney submitted a joint written report in connection therewith.
(For full text, see report on file in the City Clerk's Office.)
The Reverend Carl T. Tinsley, 2647 Springhill Drive, N. W., appeared
before Council and requested that consideration of the report be deferred until
the regular meeting of Council on Monday, December 8, 1980.
Mr. Harvey moved that Council concur in Reverend Tinsley's request.
The motion was seconded by Mr. Thomas and adopted.
CITY ATTORNEY:
CITY ASSESSOR: The City Attorney submitted a written report trans-
mitting a Resolution formalizing the appointment by Council of Mr. James L. C.
McKenzie as Acting City Assessor, retroactive to November 4, 1980 and providing
that the Acting City Assessor has responsibility for management and control of
the Office of City Assessor and its personnel and that the Office remains
assigned to the Directorate of Finance.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following Resolution:
(#25379) A RESOLUTION appointing an Acting City Assessor, providing
for the duties and responsibilities of such person and providing for the eff~
date and duration of such appointment.
(For full text of Resolution, see Resolution Book No. 46, page 329.)
Mr. Harvey moved the adoption of the Resolution.
seconded by Mr. Landis and adopted by the following vote:
The motion was
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Vice-Mayor Butler ............................................................ 6.
NAYS: None ............................................................ O.
(Mayor Taylor was absent.)
DIRECTOR OF FINANCE:
BUDGET-SEWERS AND STORM DRAINS: The Director of Finance submitted a
written report recommending that $20,000.00 be transferred to the Cravens-
Barnhart account to more accurately monitor expenditures for purchase of easement~
for said sewer project.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
ACTION:
ACTION:
Hr. Thomas offered the following emergency Ordinance:
(#25380) AN ORDINANCE to ..~nd and reordain certain sections of the
1980-81 Capital Projects-Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 329.)
Mr. Thomas moved the adoption of the Ordinance. The motion was
seconded by Hr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Vice-Mayor Butler ............................................................ 6.
NAYS: None ........................................................ O.
(Mayor Taylor was absent.)
REPORTS OF CO~ITTEES:
SCHOOLS-TOTAL ACTION AGAINST POVERTY-CITY PROPERTY: Mr. Charles L.
Landis, Chairman of the committee appointed by the Mayor to study the bid
received for lease of the former Harrison School, submitted a written report
recommending that Council accept the bid of Total Action Against Poverty for
reuse of Harrison School and authorize the Mayor or City Manager to execute a
long term lease agreement on behalf of the City with TAP, subject to approval
of the City Attorney.
(For full text, see report on file in the City Clerk's Office.)
In this connection, a report of the City Attorney advising that state
law requires that after Council selects the best proposal and after the Mayor's
approval of the term of the lease, a proposed Ordinance making such a lease
shall be advertised "once a week for four successive weeks in a newspaper
published in the City...", noting that if Council decides to lease the former
Harrison School property to TAP, his Office will prepare and advertise the
Ordinance and return same to Council in a timely m~n~er, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis moved that Council concur in leasing the former Harrison
School property to TAP and that the matter be referred to the City Attorney for
preparation and advertisement of the necessary Ordinance. The motion was
seconded by Mr. Harvey and adopted.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
TAXICABS: Ordinance No. 25362 establishing a schedule of rates to be
charged and collected for the transportation of passengers by taxicabs and
for-hire automobiles within the City of Roanoke, having previously been before
the Council for its first reading on Monday, November 3, 1980, read and adopted
on its first reading and laid over, was again before the body, Mr. Thomas
offering the following for its second reading and final adoption:
(#25362) AN ORDINANCE amending and reordaining subsection (g) of
Section 34-130, Rate Schedule, of the Code of the City of Roanoke, (1979), as
amended, establishing a schedule of rates to be charged and collected for the
transportation of passengers by taxicabs and for-hire automobiles within the
City of Roanoke.
(For full text of Ordinance, see Ordinance Book No. 46, page 321.)
Mr. Thomas moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles.
Mr. Russell R. Potter, representing the Roanoke Valley Ratepayer's
Association, appeared before Council in opposition to the rate increase until
the Yellow Cab Company management house is placed in order, advising that
Yellow Cab is presently under investigation by the Department of Labor, Wage
and Hour Division. He stated that the Ratepayer's Association has filed complaint
with the Comonwealth's Attorney on certain procedures of the Company, and
requested that action on the increase be postponed until certain questionable
matters have been resolved.
Mr. Thomas asked the City Attorney if Council is the proper forum for
Mr. Potter's allegations; whereupon, the City Attorney advised that much of
what has been said is beyond the purview of Council to investigate and to make
a determination as to the truth or accuracy of the allegations and only that
which bears upon whether or not Yellow Cab Company is making a fair rate of
return has any relevance for the Council.
Mr. Thomas called for the vote on the Ordinance.
The motion failed for lack of a second.
The Reverend Carl T. Tinsley, 2647 Spring Hill Drive, N. W., appeared
before Council and requested that Council postpone a decision on the second
reading of the Ordinance in view of what has been brought to the Council's
attention, advising that uny rate increase will take its toll on those who can
least afford it.
ACTION:
ACTION:
ACTION:
Mr. Richard F. Pence, Attorney, representing Yellow Cab Company,
appeared before Council and advised that Mr. Potter's allegations have not
been stated to him as counsel for the Cab Company nor have they bean stated to
Mr. Roberts as President of the Cab Company. He said if any of the allegations
are true, there are proper tribunals by which they may be redressed and if the
discontent is as widespread as Mr. Potter indicates, something previously would
have been said to the m~nagement of the company or to its counsel.
In respect to the necessity for the increase, Mr. Pence advised that
the City Manager was furnished with all the figures and made his recomendation
to Council, and the Ordinance has been adopted by Council on its first reading.
He called attention to expenses of the Cab Company and noted that the Company
is in peril of its very existence. In concluding, he said the charges made by
Mr. Potter will be properly looked into and if there are abuses of any kind
they will be redressed.
The following vote was recorded on Ordinance No. 25362 on its second
reading:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Vice-Mayor Butler ........................................................... 6.
NAYS: None ......................................................... O.
(Mayor Taylor was absent.)
TRAFFIC-SPECIAL PERMITS-DOWNTOWN ROANOKE: Ordinance No. 25363 permit-
ting the installation and encroachment of holiday decorations on certain traffic
signal standards in the downtown area of the City, upon certain terms and
conditions, having previously been before the Council for its first reading on
Monday, November 3, 1980, 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:
(#25363) AN ORDINANCE permitting the installation and encroachment
of holiday decorations on certain traffic signal standards in the downtown area
of the City, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 46, page 322.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Vice-Mayor Butler .............................................................. 6.
NAYS: None .......................................................... 0.
(Mayor Taylor was absent.)
SCHOOLS-CITY PROPERTY-PURCHASE/SALE OF PROPERTY: Ordinance No. 25367
authorizing the execution and implementation of a contract with Builders Invest-
ment Group providing for the conveyance of certain properties to the City in
exchange for the improvement of certain property of the City located on Countrysid
Road, N. W. and at the intersection of Ferncliff Avenue, N. W., and Highland
Farm Road, N. W., and dedicating property for school purposes, having previously
been before the Council for its first reading on Monday, November 3, 1980, read
and adopted on its first reading and laid over, was again before the body, Mr.
Thomas offering the following for its second reading and final adoption:
(#25367) AN ORDINAl/CE authorizing the execution and implementation
of a contract with Builders Investment Group providing for the conveyance of
certain properties to the City in exchange for the improvement of certain
property of the City located on Countryside Road, N. W., and at the intersec-
tion of Ferncliff Avenue, N. W. and Highland Farm Road, N. W., and dedicating
property for school purposes.
(For full text of Ordinance, see Ordinance Book No. 46, page 323.)
Mr. Thomas moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Vice-Mayor Butler ........................................................... 6.
NAYS: None ....................................................... O.
(Mayor Taylor was absent.)
SALE/PURCHASE OF PROPERTY-BURRELL MEMORIAL HOSPITAL ASSOCIATION-
ROANOKE HOSPITAL ASSOCIATION: Ordinance No. 25368 providing for the City's
release of all right, title and interest in and to certain real estate owned by
Burrell Memorial Hospital Association upon conveyance of such real estate to
Roanoke Hospital Association, having previously been before the Council for its
first reading on Monday, November 3, 1980, read and adopted on its first reading
and laid over, was again before the body, Mr. Landis offering the following for
its second reading and final adoption:
75
ACTION:
ATTEST:
(#25368) A~ ORDINANCE providing for the City's release of all right,
title and interest in and to certain real estate owned by Burrell Memorial
Hospital Association upon conveyance of such real estate to Roanoke Hospital
Association.
(For full text of Ordinance, see Ordinance Book No. 46, page 324.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Garland, ltarvey, Landis, Thomas and
Vice-Mayor Butler .............................................................. 6.
NAYS: None ..................................................... 0.
(Mayor Taylor was absent.)
LICENSES-TAXES: Ordinance No. 25369 conforming the City's vehicle
license tax rates to those of the State, expanding provisions for proration of
such taxes and transfer of such licenses and providing for display of motorcycle
decals, having previously been before the Council for its first reading on
Monday, November 3, 1980, 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:
(#25369) AN ORDINANCE amending and reordaining Section 20-28, Tax
imposed, Section 20-29, Proration of tax, Section 20-32, Plate, tag or decal -
Issuance; contents and color of decals, Section 20-33, Same - Display, and
Section 20-34, Same - Transfer, of the Code of the City of Roanoke (1979), as
amended, to conform the City's vehicle license tax rates to those of the State,
to expand provisions for proration of such taxes and transfer of such licenses
and to provide for display of motorcycle decals; repealing Section 20-30, Tax
not to exceed amount imposed by state, Code of the City of Roanoke (1979), as
amended; and providing an effective date of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 46, page 324.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Vice-Mayor Butler ............................................................ 6.
NAYS: None ........................................................ 0.
(Mayor Taylor was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR CO~fl~ENTS BY THE MAYOR AND MEMBERS OF COUNCIL: NONE.
OTHER HEARINGS OF CITIZENS: NONE.
There being no further basiness, the Vice-Mayor declared the meeting
adjourned at 9:40 p.m.
APPROVED
City Clerk
Mayor
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
November 24, 1980
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the Council Chamber
the Municipal Building, 215 Church Avenue, S. W., on Monday, November 24, 1980, at 2:00
..m., the regular meeting hour, with Mayor Noel C. Taylor presiding.
PRESENT: Council members Elizabeth T. Bowles, Wendell H. Butler, Robert A.
James G. Harvey, II, Charles L. Landis, Hampton W. Thomas and Mayor Noel C.
ABSENT: None .................................................................. 0.
OFPICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. Sam H. McGhee, III, Assis-
tant City Manager; Mr. Wilburn C. Dibling, Jr., City Attorney; Mr. William X Parsons,
City Attorney; Mr. Joel M. Schlanger, Director of Finance; and Mrs. Mary F.
City Clerk.
The invocation was delivered by the Reverend Lansing B. Harmon, Pastor, Trinity
Methodist Church.
The Pledge of Allegiance to the Flag of the United States of America was led by
Taylor.
PROCLAMATIONS: The Mayor presented a proclamation declaring the week of November
23 - 30, 1980, as Bible Week in the City of Roanoke.
For full text, see proclamation on file in the City Clerk's Office.)
BID OPENINGS
AIRPORT: Pursuant to notice of advertisement for bids for perimeter
fencing at Roanoke Municipal Airport, Woodrum Field, ADAP Project No. 6-51-0045~08,
said proposals to be received by the City Clerk until 1:30 p.m., on Monday,
November 24, 1980, and to be 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:
Guard Rail of Roanoke, Incorporated
Rio Grande Fence Company
Anchor Fence of Richmond
$ 37,300.00
39,830.00
51,625.00
Mr. Thomas 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 Dr. Butler and unanimously adopted.
The Mayor appointed Messrs. Charles L. Landis, Chairman, Kit B. Kiser
and Robert C. Peele as members of the committee.
SEWERS AND STORM DRAINS: Pursuant to notice of advertisement for bids
for the Cravens-Barnhart Sewage Collection System, said proposals to be received
by the City Clerk until 1:30 p.m., on Monday, November 24, 1980, and to be 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:
J. P. Turner & Brothers, Incorporated - $ 98,920.30
S. C. Rossi & Company, Incorporated - 124,178.20
E. C. Pace Company, Incorporated - 132,642.75
Aaron J. Conner General Contractor,
Incorporated - 134,922.95
Dixon Contracting, Incorporated - 139,808.60
C. F. W. Construction Company,
Incorporated - 145,151.50
Mr. Thomas 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 Dr. Butler and unanimously adopted.
The Mayor appointed Messrs. Charles L. Landis, Chairman, Sam H. McGhee,
III and Kit B. Kiser as members of the committee.
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the City Council and would be enacted by one motion
78
tn the forms listed on the agenda, and if discussion was desired, that item would
be removed from the Consent Agenda and considered separately. He noted that
included on the Consent Agenda were four requests for Executive Sessions to
discuss personnel matters, a real estate matter, a matter dealing ~lth the use of
public property and terms of a proposed contract, and a matter of pending litigatic
He further advised that he would like to withdraw his request for an Executive
Session to discuss a real estate matter and that Mr. Harvey had orally requested
an Executive Session to discuss a personnel matter.
COUNCYL: A communication from the Hayor requesting an Executive Session
to discuss a personnel matter, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
ACTION:
Dr. Butler moved that Council concur in the request. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................... 7.
NAYS: None .......................................................... 0.
COUNCIL: A communication from the Mayor requesting an Executive Session
to discuss a real estate matter, was before Council.
ACTION:
The Mayor requested that the item be withdrawn from the agenda.
ELECTIONS: A communication from Mr. Andrew H. Thompson, Secretary,
Electoral Board, transmitting the following abstract of votes cast in the general
and special elections of November 4, 1980:
"ABSTRACT OF VOTES cast in the City of Roanoke, Virginia for Electors of President
and Vice President of the United States, at the general election held November 4,
1980.
THE TABULATION FOR EACH ELECTOR ENTERED IN THIS ELECTION IS AS FOLLOWS:
DEMOCRATIC PARTY for Electors for Jin~ny Carter, President and Walter F. Mondale,
Vice President
Christopher W. Hutton Muscoe Garnett Robert W. Farmer
William P. Robinson, Sr. Walter D. Southall Donald N. Henry
William N. Paxton, Jr. Robert B. Lambeth, Jr. Annabel C. Jennings
Elizabeth B. Baskerville
C. Flippo Hicks
James M. Heilman
Eighteen thousand one hundred thirty-nine (18,139
Total Votes Received (In Writing)
Total Votes Received
(In Figures)
Challenged Votes
Included in Total
REPUBLICAN PARTY for Electors for Ronald Reagan, President and George Bush, Vice President
Henry Lester Rothfuss
Walter T. Howard
~Louis H. Williams
Willard O. Forbes
R. Howard Mahanes
Charles H. Robertson
June R. Funkhouser John S. Buckley
Edward L. Adams, Jr. Marie F. Quinn
James Michael Shull Kathy W. Curtis
Fifteen thousand one hundred sixty-four
Total Votes Received (In Writing)
~5,164 )
Total Votes Received
(In Figures)
Challenged Votes
Included in Total
INDEPENDENT for Electors for Barry Commoner, President and LaDonna Harris, Vice President
LeRoy H. Hubert, Jr.
Rebecca W. West
Jeffrey D. Ruggles
Emagene S. Carter
Robert C. Campbell
Allen F. Layman
Don H. Richardson
Diane Eo Faller
Linda Rood Bowers
Martha W. McClellan
Manuel Tijerina, Jr.
Deborah March Montgomery
Seventy-five
Total Votes Received (In Writing)
( 75 ) 0
Total Votes Received
(In Figures)
Challenged Votes
Included in Total
INDEPENDENT for Electors for John B. Anderson, President and Patrick J. Lucey, Vice
President
Thomas F. Mainor
Nina W. Brown
Ned M. Grossberg
Mary Garcin Denyes
William A. Shear
Victoria Daniel
Craddock
Rose S. Buckley
Bruce R. Nilsson
Dina Blum West
Richard E. Vodra
Gracie L. Humphries
Helen P. Kettler
One thousand three hundred fifty
( 1,350 ) 0
Total Votes Received (In Writing) Total Votes Received Challenged Votes
(In Figures) Included in Total
INDEPENDENT for Electors for Clifton DeBarry, Preside~t and Hatilde Zim~er~--, Vice
President
glen Lauper
Lan~don L. Bristol
Zelda K. Nordlinger
Cleophas C. Hawkins
Gayla Lynette Ashby
Hugh Eldridge Brown,
Jr.
John F. Hennig
Theresa S. Smith
William L. Williams
Blaine Marcel Coleman
David P. Zilly
Michael T. Zarate
Eleven ( 11 ) 0
Total Votes Received (In Writing)
Total Votes Received
(In Figures)
Challenged Votes
Included in Total
LIBERTARIAN PARTY for Electors for Ed Clark, President and David Koch, Vice President
Stewart L. Engel
Joseph Mason Newsome
Carol)raH. Paulette
Robert E. Comet
Diane E. Harrison
Michael B. Bodtker
Two hundred seven
Total Votes Received (In Writing)
Roger Lea MacBride
David W. Pendleton
Warren W. Woolsey
Scott R. Bowden
Christopher J. Wronsky
Mary Douglas Godsey
( 20? ) 0
Total Votes Received
(In Figures)
Challenged Votes
Included in Total
We, the undersigned Electoral Board, upon examination of the official records deposited
with the Clerk of the Circuit Court of the election on November 4, 1980, do hereby certify
that the above is a true and correct Abstract of Votes cast at said election for Electors
for President and Vice President.
Given under our hands this 7th day of November, 1980.
(Si~ned) Alton B. Prillaman~ Chairman
(Si~ned) Daniel S. Brown~ Member
(Si~ned) Andrew H. Thompson, Secretar~
A copy testa:
ELECTORAL
BOARD
(s~a~)
(Si~ned) Andrew H. Thompson,
Secretary~ Electoral Board"
"ABSTRACT OF VOTES cast in the City of Roanoke, Virginia, at the General Election held the
first Tuesday after the first Monday in November, 1980, for
MEMBER
HOUSE OF REPRESENTATIVES
SIXTH DISTRICT
Names of Candidates
M. Caldwell Butler
Paul Hollyfield
John Edwards
Calvin C. Cochran~ Jr.
Karen Looney
James Trout
Robert Hess~ Sr.
Bob Goodlatte
Total Votes Received
(In Writing)
Twenty three thousand four
hundred twenty-seven
Be hundred fifteen
One
Two
Total Votes
Received
(In Figures)
Number of
Challenged
Votes
Included
In Total
( 23,427 ) 0
( 115 0
1 0
1 0
1 0
1 0
2 0
1 0
79
8O
Jenny Hopkins
Karen Tuney
Butler
Jack Chamberlain
~hil Riz.zuto
Thomas
Kathr~n Toomy
William Overstreet
Carter
Granger McFarlane
Parthenia Fields
John Hollyfield
Karen Poomy
Erminie K. Wright
K. E. Bratton
One 1 0
Eight 8 0
One 1 0
Three 3 0
One 1 0
One 1 0
Three 3 0
One 1 0
Two 2 0
Two 2 0
One 1 0
One 1 0
One 1 0
One 1 0
One 1 0
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 4, 1980, do hereby
certify that the above is a true amd correct Abstract of Votes cast at said election for
Member of the House of Representatives in the Congress of the United States.
Given under our hands this 7th day of November, 1980.
(Si~n~d) Alton B. Prill~mn, Chairman
($.l~ned) Daniel S. Brown, Member
(Signed) Andrew H. Thompson, Secretary
A copy teste:
ELECTORAL
BOARD
(S~)
(Signed) Andrew H. Thompson,
Secretary~ Electoral Board"
"ABSTRACT OF VOTES cast in the City of Roanoke, Virginia, at the Special Election held
November 4, 1980 for
PROPOSED CONSTITUTIONAL AMENDMENTS
Question 1: Shall Sections 6, 11 and 13 of Article IV and
Section 6 of Article V of the Constitution of Virginia be
amended to authorize the General Assembly to convene for a
limited period of time to consider legislation vetoed by
the Governor?
FOR (Yes)
Total Votes Received
(In Writing)
Fourteen thousand thirteen
Total Votes
Received
(In Figures)
( 14~013 )
Number of
Challenged
Votes
Included
In Total
AGAINST (No) Eleven thousand six hundred two
( 11,602
Question 2: Shall Section 10 of Article VII of the
Constitution of Virginia be amended to decrease the
maximum indebtedness a city or town may incur?
Total Votes Received
(In Writing)
Total Votes
Received
(In Figures)
Number of
Challenged
Votes
Included
In Total
FOR (Yes) Eighteen thousand, eight hundred eighty-seven _ ( 18,887 ) 0
AGAINST (No) Five thousand eight hundred seventy-six
~ 5~876 ) 0
~uestion 3: Shall Section 6 of Article X of the Consti-
tution of Virginia be amended to authorize the General
Assembly to permit certain tax exemptions for personal
property which is designed for continuous habitation,
owned and used by persons not less than sixty-five or
disabled?
Total Votes Received
(In Writing)
FOR (Yes) Twenty one thousand four hundred sixty-six
AGAINST (No) Three thousand eight hundred fifty-five
Total Votes
Received
(In Figures)
21,466 )
3~855 )
N~mber of
Challenged
Votes
Included
In Total
0
0
Question 4: Shall Section 6 of Article X of the Consti-
tution of Virginia be amended to authorize the General
Assembly to permit certain tax exemptions for property
whose purpose is to replace oil or natural gas generating
equipment installed after December thirty-one, nineteen
hundred seventy-four?
Total Votes Received
(In Writing)
FOR (Yes) Seventeen thousand six hundred sixty-one
AGAINST (No) Six thousand six hundred ninety-four
Number of
Challenged
Total Votes Votes
Received Included
(In Figures) In Total
( 17~661 ) 0
( 6,694 ) 0
We, the undersigned Electoral Board, upon examination of the official records deposited
in the office of the Clerk of the Circuit Court of the election held on November 4, 1980, do
hereby certify that the above is a true and correct Abstract of Votes cast at said election
for and against the proposed amendments to the Constitution of Virginia.
Given under our hands this 7th day of November, 1980.
~i~ned) Alton B. Prillaman~ Chairman
(Si~ned) Daniel S. Brown~ Member
(Si~ned) Andrew H. Thompson, Secretary
A copy teste:
ELECTORAL
BOARD
(SEAL)
(Si~ned) Andrew H. Thompson, Secretary~ Electoral Board"
"ABSTRACT OF VOTES cast in the City of Roanoke, Virginia, at the Special election held on
November 4, 1980,
FOR OFFICE OF COMMONWEALTHtS ATTORNEY
Names of Candidates
Total Votes Received
(In Writing)
Total Votes
Received
(In Figures)
Number of
Challenged
Votes
Included
In Total
Donald S. Caldwell
Twenty one thousand four
hundred thirty-two ( 21~432
0
0
0
Paul Hollyfield
Four ( 4 )
One ( 1 )
Richard Nixon
8'1
Belcher One ( 1 ) 0
Vic Thomas One ( 1 ) 0
Van Hoback One ( I ) 0
Roy Creasy One ( 1 ) 0
Hollyfield One ( 1 ) 0
Sam Garrison One ( 1 ) 0
Chamberlain One ( 1 ) 0
Karen Looney Two ( 2 ) 0
John L. Hess Three ( 3 ) 0
Phil Rizzuto One ( 1 ) 0
We, the undersigned Electoral Board, upon examination of the official records deposited
with the Clerk of the Circuit Court of the election on November 4, 1980, do hereby certify
that the above is a true and correct Abstract of Votes cast at said election and do therefore
determine and declare that the following received the greatest number of votes cast in said
election:
Donald S. Caldwell
for the office of Commaonwealth's Attorney.
Given under our hands this 7th day of November, 1980.
(Si~ned) Alton B. Prillaman~ Chairman
(Si~ned) Daniel S. Brown, Member
(Signed) Andrew H. Thompson~ Secretary
A copy teste:
ELECTORAL
BOARD
(SF~L)
(Signed) Andrew Ho Thompson, Secretary, Electoral Board"
ACTION:
ACTION:
ACTION:
Dr. Butler moved that the co~unication and abstract of votes be
received and filed. The motion was seconded by Mr. Garland and adopted by the
following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................... 7.
NAYS: None .......................................................... 0.
YOUTH SERVICES CITIZEN BOARD: A comz~unication from Mrs. Anita
Tanner tendering her resignation as a member of the Youth Services Citizens
Board, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Dr. Butler moved that Council accept the resignation with regret and
that the com~nunication be received and filed. The motion was seconded by Mr.
Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ....................................................... 7.
NAYS: None ......................................................... O.
COUNCIL: A report of the City Manager requesting an Executive Session
to discuss a matter dealing with the use of public property and terms of a
proposed contract, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler moved that Council concur in the request. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ....................................................... 7.
NAYS: None ......................................................... 0.
83
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
COUNCIL: A report of the City Attorney requesting an Executive
Session to discuss a matter of pending litigation, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler moved that Council concur in the request. The motion was
seconded by Hr, Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ...................................................... 7.
NAYS: None ........................................................ O.
member of
1984, was
AIR POLLUTION CONTROL: The qualification of Mr. Ross C. Hart as a
the Board of Fire Appeals for a term of four years ending June 30,
before Council.
Dr. Butler moved that the qualification be received and filed. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ..................................................... 7.
NAYS: None ....................................................... 0.
Ronald M.
portation
1984, was
TRAFFIC: The qualification of Ms. Joan M. Cummings and Messrs.
Sharp and Lewis W. Peery as members of the City of Roanoke Trans-
Safety Co~mission for terms of four years each ending October 31,
before Council.
Dr. Butler moved that the qualification be received and filed. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ..................................................... 7.
NAYS: None ......................................................... 0.
PUBLIC ASSISTANCE: The qualification of Mrs. Priscilla A. Tarplee
and Mr. Clyde Roland as members of the Advisory Board of H,,m~u Resources for
terms of four years each ending November 30, 1984, was before Council.
Dr. Butler moved that the qualification be received and filed. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ..................................................... 7.
NAYS: None ........................................................ 0.
COUNCIL: An oral request of Councilman Harvey for an Executive
Session to discuss a personnel matter, was before Council.
Dr. Butler moved that Council concur in the request. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ...................................................... 7.
NAYS: None ........................................................ O.
At 2:20 p.m., the Mayor declared the meeting recessed in order that
Council could meet in Executive Session to discuss a personnel matter pursuant
to the request of Councilman Harvey.
At 2:50 p.m., the meeting reconvened in the Council Chamber with
Mayor Taylor presiding and all members of the Council present..
REGULAR AGENDA
ACTION:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
RADIO-TELEVISION: Mr. Allen Layman appeared before Council on behalf
of Roanoke & Botetourt Telephone Company, requesting that Council support their
application to the State Corporation Co~ission for certification to provide
one-way mobile radio paging service in the Roanoke area.
(For full text, see communication on file in the City Clerk's Office.)
Following a brief discussion of the request, Mr. Garland moved that
the matter be referred to the City Manager for study, report and recommenda-
tion to Council. The motion was seconded by Mrs. Bowles and unanimously
adopted.
ACTION:
ACTION:
ACTION:
ACTION:
PETITIONS AND CO~fl~L~NICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
HOUSING: The City Manager submitted a w~itten report in regard to
the City's existing and proposed housing initiatives, advising that the proposed
project areas are Gainsboro, Riverdale, Highland Park (old southwest), and Hurt
Park, reco~mnending that Council concur in the Housing Task Force report, and
staff development of reports of the various progrnm~, in priority order, for
future submission to Council.
(For full text, see reports on file in the City Clerk's Office.)
Mr. R. Allen Edmondson, representing the City of Roanoke Redevelopment
and Housing Authority, appeared before Council and made an oral presentation
and answered questions raised by the members of Council.
Mr. Garland moved that the reports be received and filed. The metiom
was seconded by Mr. Harvey and unanimously adopted.
CITY JAIL-SHERIFF-CITY CHARTER: The City Manager submitted a written
report in regard to the Prisoner Work Force, recommending the establishment of
a pilot program to permit a sentencing alternative for the Courts in appropriate
criminal cases, which alternative would be a voluntary, public service work
program in lieu of incarceration, and further recommending that Council
schedule a public hearing on Monday, December 8, 1980, to consider an amendment
to the City Charter to permit the implementation of this program.
(For full text, see report on file in the City Clerk's Office.)
Judge Jack B. Coulter appeared before Council in support of the
program.
Mr. Garland moved that Council hold a public hearing on Monday,
December 8, 1980, at 7:30 p.m., or as soon thereafter as the matter may be
heard, on the question of an amendment to the City Charter to permit the Prisoner
Work Force. The motion was seconded by Mr. Landis and unanimously adopted.
SCHOOLS-PLAnNING: The City Manager submitted a written report in
regard to the Harrison School Project and the transfer of Community Development
Block Grant funds to assist in the architect and engineering phase of the
project, recommending that a public hearing be held on Monday, December 8,
1980, at 7:30 p.m., or as soon thereafter as the matter may be heard, that the
Director of Finance prepare a budget Ordinance amending the current C.D.B.G.
budget to include the Harrison School Project within the Harrison Avenue Revitali~
zation Area budget allocation, and that the City Attorney prepare an Ordinance
amending the City's fiscal year 1980-81 Community Development Block Grant
Program to add the Harrison School Project.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that Council hold a public hearing on the above
matter on Monday, December 8, 1980, at 7:30 p.m., or as soon thereafter as the
matter may be heard. The motion was seconded by Mrs. Bowles and unanimously
adopted.
PLANNING-HOUSING: The City Manager submitted a written report in
regard to the Gilmer Avenue Demonstration Rehabilitation Program in order to
continue funding under the Community Development Block Grant Program, recommending
that a public hearing be held on Monday, December 8, 1980, at 7:30 p.m., or as
soon thereafter as the matter may be heard, that the Director of Finance prepare
a budget Ordinance amending the City's fiscal year 1979-80 C.D.B.G. program
budget to include the Gilmer Avenue Rehabilitation Area, and that the City
Attorney prepare an Ordinance amending the City's fiscal year 1979-80 Program
to add the Gilmer Avenue Revitalization area.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that Council hold a public hearing on the above
matter on Monday, December 8, 1980, at 7:30 p.m., or as soon thereafter as
the matter may be heard. The motion was seconded by Mrs. Bowles and unanimously
adopted.
ITEMS RECOMMENDED FOR ACTION:
HOUSING: The City Manager submitted a written report in connection
with certain proposed amendments to the Downtown East Redevelopment Plan, said
amendments being as follows:
,Il.
Fire Station No. i is protected as a national historic
structure and the building and its rehabilitation
standards are no longer included as a portion of the
Redevelopment Plan.
2. Land Use adjustments are made to permit Commercial,
Transient Accommodations, Residential, including high-
85
ACTION:
ACTION:
ACTION:
ACTION:
rise apartments, and parking garages on all undevelop-
ed land with the exception of the parcel of land at
the northwest corner of Williamson Road and Church
Avenue. This parcel has been adjusted to permit all
uses except transient accommodations.
3. Parking requirements that developers of a downtown
project provide parking is eli~u[nated.
4. Floor-area ratios are adjusted to permit more in-
tensive development."
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(#25381) A RESOLUTION approving a certain amendment, being Amend-
ment No. 2, to the Downtown East Redevelopment Plan for Project No. VA. R-42.
(For full text of Resolution, see Resolution Book No. 46, page 330.)
Mrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ..................................................... 7.
NAYS: None ....................................................... O.
In this connection, a report of the City Planning Commission recom-
mending that Council concur in the proposed changes in the Downtown East Re-
development Plan, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that the report be received and filed. The motion
was seconded by Dr. Butler and unanimously adopted.
PUBLIC ASSISTANCE-GRANTS-CETA: The City Manager submitted a written
report recommending approval to execute a lease for Job Orientation and Motiva-
tion Program with Crystal Tower Associates for 900 square feet of office space
now occupied at 145 West Campbell Avenue from October 1, 1980, through September
30, 1981.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas offered the following emergency Ordinance:
(#25382) AN ORDINANCE authorizing and providing for the lease by the
City of certain office space in the Crystal Tower Building, 145 Campbell Avenue,
S. W., in the City of Roanoke, from the owner of said property, to be used as
office accommodations for the City's Job Orientation and Motivation Program
(JOMP), upon certain terms and conditions; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 330.)
Mr. Thomas moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ....................................................... 7.
NAYS: None ......................................................... 0.
PUBLIC ASSISTANCE-COAL AND FUEL OIL: The City M~nager submitted a
written report recommending authorization to execute a lease with Mr. Albert
Alouf for office space at 403 West Campbell Avenue to temporarily house the
Fuel Assistance Program from December 1, i980, through May 31, 1981.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas offered the following emergency Ordinance:
(#25383) AN ORDINANCE authorizing and providing for the lease by the
City of certain office space at 403 Campbell Avenue, S. W., Roanoke, Virginia,
from the owner of said property, to be used as office accommodations for the
Fuel Assistance Program conducted by the Social Services Department, upon
certain terms and conditions; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 331.)
Mr. Thomas moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ...................................................... 7.
86¸
ACTION:
ACTION:
ACTION:
NAYS: None ........................................................ O.
AIRPORT: The City Manager submitted a written report in connection
with an engineering agreement for Runway 23 extension and relocation of Virginia
Route 118 at Roanoke Municipal Airport, Woodrum Field, with Delta Associates,
Incorporated, and certain subcontractors (Nai C. Yang and Associates, Potomac
Aerial Surveys and Lumsden and Associates~ in the total arm~unt of $235,505.00
for Phase I and II.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency Ordinance:
(#25384) AN ORDINANCE authorizing employment of the professional
services of certain engineering firms to provide all necessary engineering and
design services in connection with the extension of Runway 23 at Roanoke Munici-
pal Airport, Woodrum Field, and with the relocation of Virginia Route 118, upon
certain terms and conditions; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 331.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ....................................................... 7.
NAYS: None ......................................................... 0.
AIRPORT: The City Manager submitted a written report recommending
authorization to execute Change Order No. 1 to the contract with J. M. Murphy
Company, Incorporated, for new wiring, conduit, fixture bases and steel housing
for medium intensity taxiway lighting at Roanoke Municipal Airport, Woodrum
Field, for the sum of $14,149.00.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler offered the following emergency Ordinance:
(#25385) AN ORDINANCE approving the City Manager's issuance of
Change Order No. 1, to the City's contract with J. M. Murphy Company, Inc.,
dated September 8, 1980, for installation of new wiring, conduit, fixture bases
and steel housing in connection with taxiway lighting at Roanoke Municipal
Airport, Woodrum Field, authorized by Ordinance No. 25308, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 332.)
Dr. Butler moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ........................................................ 7.
NAYS: None .......................................................... 0.
APPALACHIAN POWER COMPANY-LEGISLATION: The City Manager and the City
Attorney submitted a joint written report transmitting a Resolution in regard
to the enactment by Congress of special legislation to compensate Appalachian
Power Company and its customers for damages inflicted resulting from nullifica-
tion of APCO's license to construct and operate the Blue Ridge hydro-electric
project on New River, advising that the Resolution is transmitted without recom-
mendation.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler offered the following Resolution:
(#25386) A RESOLUTION urging the United States Congress to enact
special legislation compensating Appalachian Power Company for damages in-
flicted upon such Company by the Congressional nullification of the Company's
license to construct and operate the Blue Ridge Hydroelectric Project on the
New River.
(For full text of Resolution, see Resolution Book No. 46, page 333.)
Dr. Butler moved the adoption of the Resolution. The motion was
seconded by Mr. Garland.
Mr. Ronald R. Hurt representing the Lincoln Terrace Precinct, and Mr.
Gary J. Minter appeared before Council in support of passage of the Resolution.
Mr. Minter advised that Mr. Howard E. Musser was also present at the beginning
of the meeting but had to leave before Council considered the matter and Mr.
Musser would like for the record to show that he too supports passage of the
Resolution.
ACTION:
ACTION:
ACTION:
ACTION:
The following vote was recorded on ~solution No. 25386:
AYES: Council members Bowles, Butler, Garland, ~arvey, Landis,
Thomas and Mayor Taylor .................................................. 7.
NAYS: None ................................................... 0.
LEGISLATION-CITY C}L~RTER: The City Attomey submitted a written
report in regard to Charter =~ndments to be imcluded in the 1981 Legislative
Program relating to the Prisoner Work Force Program and certain inconsistencies
between Sections 33 and 56 of the Charter concerning the date for submittal of
the School Board's proposed budget.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that Council hold a public hearing on the proposed
City Charter amendments on Monday, December 8, 1980, at 7:30 p.m., or as soon
thereafter as the matter may be heard. The motion was seconded by Mr. Landis
and unanimously adopted.
COUNCIL: The City Attorney submitted a written report transmitting a
Resolution cancelling the regular meeting of Council scheduled for December 1,
1980, inasmuch as four members of the Council will be attending the National
League of Cities in Atlanta, Georgia, on December 1, 1980.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following Resolution:
(#25387) A RESOLUTION cancelling the regular meeting of the City
Council scheduled to be held December 1, 1980.
(For full text of Resolution, see Resolution Book No. 46, page 333.)
Mr. Garland moved the adoption of the Resolution. The motion was
seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor .................................................. 7.
NAYS: None .................................................... 0.
REPORTS OF COMMITTEES:
BUDGET-SEWERS AND STORM DRAINS: Counnilm~- Landis, Chairman of the
committee appointed by the Mayor to study bids received for construction of the
Cravens-Bernhardt Sewage Collection System, Project II, submitted a written
report recommending that a unit price contract be awarded to Aaron J. Conner
General Contractor, Incorporated, in the amount of $104,254.25, that a five per
cent contingency for the project in the amount of $5,212.71 be established and
that funds be transferred therefor.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#25388) AN ORDINANCE to amend and reordain certain sections of the
1980-81 Capital Projects Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No, 46, page 334.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ................................................. 7.
NAYS: None .................................................. 0.
Mr. Landis offered the following emergency Ordinance:
(#25389) AN ORDINANCE providing for the construction of Project II of
the Cravens-Barnhardt Sewage Collection Project, located in the City, upon
certain terms and conditions, by accepting the lowest bid made to the City;
authorizing execution of the requisite contract; rejecting certain other bids;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 334.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ................................................. 7.
NAYS: None .................................................. 0.
88
ACTION:
ACTION:
ACTION:
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF OP, DINANCES AND RESOLUTIONS:
SEWERS AND STOILM DRAINS-EASEMENTS-SALE/PURCIiASE OF PP. OPERTY:
Council at its Financial and Planning Session on Monday, November 17, 1980,
having instructed the City Attorney to prepare the proper measure providing for
the acquisition of real estate needed by the City for the construction of the
Tinker Creek Parallel Sewer Project, he presented same; whereupon, Mr. Thomas
offered the following emergency Ordinance:
(#25390) AN ORDINANCE providing for the acquisition of real estate
needed by the City for the construction of the Tinker Creek Parallel Sewer
Project; authorizing the City Manager to fix to a certain limit the consideration
to be offered by the City for each parcel; providing for the City's acquisition
of such real estate by condemnation, under certain circumstances; authorizing
the City to make motion for the award of a right of entry on any of the parcels
for the purpose of commencing the project; direcing the mailing of this ordinance
to the property owners; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 335.)
Mr. Thomas moved the adoption of the Ordinance. The motion was
seconded by Mr. Landis and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor .................................................. 7.
NAYS: None .................................................... 0.
BUDGET-SCHOOLS: Council at its Financial and Planning Session on
Monday, November 17, 1980, having instructed the Director of Finance to prepare
the proper measure appropriating $25,000.00 to Combined Federal Programs of the
1980-81 General Fund Appropriation Ordinance to provide funds for use in the
ESAA Special Arts Program for 1980-81, he presented same; whereupon, Mr.
Landis offered the following emergency Ordinance:
(#25391) AN ORDINANCE to amend and reordain certain sections of the
1980-81 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 335.)
Mr. Landis moved the adoption of the Ordinance. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ................................................... 7.
NAYS: None .................................................... O.
BUDGET-PUBLIC ASSISTANCE-GRANTS: Council at its Financial and Planning
Session on Monday, November 17, 1980, having instructed the Director of Finance
to prepare the proper measure in regard to the close-out of the Human Services
Volunteers Grant as per a report of the Director of Finance, he presented same;
whereupon, Mrs. Bowles offered the following emergency Ordinance:
(#25392) AN ORDINANCE to amend and reordain certain sections of the
1980-81 Grant Programs Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 336.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ................................................ 7.
NAYS: None ................................................. 0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 4:05 p.m., the Mayor declared the meeting recessed.
At 5:20 p.m., the meeting reconvened in the Council Chamber with
Mayor Taylor presiding and all members of the Council present.
SEWERS AND STORM DRAINS: The City Attorney submitted a written
report in regard to a settlement agreement in connection with the case of the
City of Roanoke versus J. W. Bateson Company relating to the blower engines at
the Sewage Treatment Plant.
(For full text, see report on file in the City Clerk's Office.)
ACT ION:
ACTION:
ACTION:
ACTION:
ACTION:
ATTEST:
Mr. Landis offered the following Resolution:
(925393) A RESOLUTION authorizing the City Attorney on the City's
behalf to enter into a settlement agreement in connection with the case of
City of Roanoke v. J. W. Bateson Company, with respect to the blower engines at
the Sewage Treatment Plant.
(For full text of Resolution, see Resolution Book No. 46, page 336.)
Mr. Landis moved the adoption of the Resolution. The motion was
seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ................................................. 7.
NAYS: None ................................................... O.
ROANOKE NEIGHBORHOOD PARTNERSHIP: The City Manager orally recommended
that the following areas be chosen for the first phase of the Roanoke Neigh-
borhood Partnership: Preston Park area, Gilmer -Loudon Avenue area, Raleigh
Court area, and Belmont area.
Mrs. Bowles moved that Council concur in the City Manager's recom-
mendation. The motion was seconded by Dr. Butler and unanimously adopted.
Mr. Harvey offered the following Resolution establishing the Roanoke
Neighborhood Partnership Steering Corms{tree:
(#25394) A RESOLUTION establishing a Roanoke Neighborhood Partner-
ship Steering Committee, stating the objectives and duties and responsibilities
of such Committee, and providing for a method of termination of the Committee.
(For full text of Resolution, see Resolution Book No. 46, page 337.)
Mr. Harvey moved the adoption of the Resolution. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor .................................................. 7.
NAYS: None .................................................... O.
Mr. Harvey placed in nomination the names of the following persons to
serve as members of the Roanoke Neighborhood Partnership Steering Committee for
terms commencing November 24, 1980, and ending at any time after the duties and
responsibilities of the Steering Co~ittee have been fulfilled:
Mr. Ted Ashby
Mrs. Frances A. Brooke
Mr. Eldridge W. Chambers
Mr. Frank W. Feather
Mrs. Anne P. Glenn
Mrs. Jeannette E. Hardin
Mr. W. Robert Herbert
Mr. John M. Hudgins, Jr.
Mr. Walter A. Hunt
Mr. William L. Lee
Mr. Charles R. Minter
Mr. Lewis W. Peery
Mr. Aubrey S. Pullen
Mr. John A. Sabean
Mr. Lloyd J. Sarber, Jr.
Mr. Abdul M. Shakir
Mr. Michael K. Smeltzer
Mrs. Jayne A. Thomas
Mrs. Stuart A. Trinkle
Mr. John M. Williams
Mrs. Susan S. Williams
Mr. Kenneth B. Wright
There being no further nominations, the above named persons were
elected as members of the Roanoke Neighborhood Partnership Steering Co~ittee
for terms commencing November 24, 1980, and ending at any time after the duties
and responsibilities of the Steering Committee have been fulfilled, by the
following vote:
FOR MR. ASHBY, MRS. BROOKE, MR. CHAMBERS, MR. FEATHER, MRS. GLENN,
MRS. HARDIN, MR. HERBERT, MR. HUDGINS, MR. HUNT, MR. LEE, MR. MINTER, MR.
PEERY, MR. PULLEN, MR. SABEAN, MR. SARBER, MR. SHAKIR, MR. SMELTZER, MRS.
THOMAS, MRS. TRINKLE, MR. WILLIAMS, MRS. WILLIAMS, AND MR. WRIGHT: Council
members Bowles, Butler, Garland, Harvey, Landis, Thomas and Mayor Taylor ....... 7.
Mr. Harvey moved that Council waive the City residency requirement
for Mr. John M. Hudgins, Mr. Walter A. Hunt, Mr. John M. Williams, Mrs. Susan
B. Williams, and Mr. Kenneth B. Wright. The motion was seconded by Dr. Butler
and unanimously adopted.
There being no further business, the Mayor declared the meeting
adjourned at 5:25 p.m.
APPROVED
City Clerk
Mayor
89
9O
REGULAR NEEKLY SESS~OR---ROANOKE CITY COUNCIL
December 8, 1980
7:30 p.m.
The Council of the City of Roanoke met in regular meeting in the Council Chamber
in the Municipal Building, 215 Church Avenue, S. W., on M~nday, December 8, 1980, at 7:30
p.m., the regular meeting hour, with Vice-F~myor Wendell H. Butler presiding.
PRESENT: Council members Elizabeth T. Bowles (Mrs. Bowles left the meeting at
8:45 p.m.), Robert A. Garland, James G. Harvey, II, Charles L. Landis, Hampton W. Thomas
and Vice-Mayor Wendell H. Butler ........................................................ 6.
ABSENT: Mayor Noel C. Taylor ................................................. 1.
OFFICERS PRESENT: Mr. Sam H. McGhee, III, Assistant City Manager; Mr. Wilburn
C. Dibling, Jr., City Attorney; Mr. Joel M. Schlanger, Director of Finance; and Mrs. Mary
F. Parker, City Clerk.
The invocation was delivered by the Reverend Jacob J. M. Strite.
The Pledge of Allegiance to the Flag of the United States of America was led by
Vice-Mayor Butler.
The Vice-Mayor announced that Mayor Taylor was out of the City on official City
business.
BID OPENINGS
ACTION:
ACTION:
ACTION:
ACTION:
WATER DEPARTMENT: Pursuant to notice of advertisement for bids for
construction of the U. S. 460 twenty inch water main from King Street to the
east corporate limits of the City, said proposals to be received by the City
Clerk until 4:30 p.m., on Monday, December 8, 1980, and to be opened and read
before Council at 7:30 p.m., on that date or as soon thereafter as the matter
may be heard, the Vice-Mayor asked if anyone had any questions about the adver-
tisement for bids and no representative present raising any question, the Vice-
Mayor instructed the City Clerk to proceed with the opening of the bide; whereupo~
the City Clerk opened and read the following bids:
Aaron J. Conner General Contractor, Inc.
J. P. Turner Brothers, Inc.
E. C. Pace Company, Inc.
S. C. Rossi & Company, Inc.
Dixon Contracting, Inc.
Wrenn-Wilson Construction Company
Branch & Associates, Inc.
H. A. Gross, Inc.
Moore Golf, Inc.
$ 109,100.80
111,830.00
114,880.00
129,700.00
129,760.00
153,500.00
164,900.00
194,300.00
197,530.00
Mr. Thomas 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. Harvey and adopted.
The Vice-Mayor appointed Meesrs. Charles L. Landis, Chairman, Sam H.
McGhee, III, and Kit B. Kiser as members of the committee.
SEWERS AND STORM DRAINS: Pursuant to notice of advertisement for
bids for construction of the Norwood Street Storm Drain, said proposals to be
received by the City Clerk until 4:30 p.m., on Monday, December 8, 1980, and to
be opened and read before Council at 7:30 p.m., on that date, or as soon thereaftc
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:
Ramey, Inc. -
Aaron J. Conner General Contractor,
Inc. -
Preston Carroll Company, Inc. -
E. C. Pace Company, Inc. -
C F W Construction Company, Inc. -
Robertson-Fowler Company -
Wiley N. Jackson Company -
Branch & Associates, Inc. -
E. F. Blankenship Company -
Prill~mau & Pace, Inc. -
$ 669,483.80
730,183.25
759 256.30
783 249.10
788 803.00
790 069.00
842 761.00
937 416.00
1,008 630.00
1,145,001.50
Mr. Thomas 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. Harvey and adopted.
The Vice-Mayor appointed Messrs. Charles L. Landis, Chairman, Sam H.
McGhee, III, and Thomas F. Brady as members of the committee.
SEWERS AND STORM DRAINS: Pursuant to notice of advertisement for
bids for construction of the Hemlock Hills Storm Drain, said proposals to be
received by the City Clerk until 4:30 p.m., on Monday, December 8, 1980, and to
be opened and read before Council at 7:30 p.m., on that date, or as soon there-
after as the matter may be heard, the Vice-Mayor asked if anyone had any question~
ACTION:
ACTION:
ACTION:
ACTION:
about the advertisement for bids amd no representative present raisinS 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:
$. C. Rossi & Company, Inc. -
O. P. Turner Brothers, Inc. -
Robot tson-Fowler Company -
Aaron J. Conner General Contractor,
Inc. -
E. C. Pace Company, Inc. -
Staunton Construction Company, Inc. -
Branch & Associates, Inc. -
$ 114,810.50
128,377.50
128,442.50
128,619.10
130,444.25
146,908.00
181,307.50
Mr. Thomas moved that the bids be referred to a committee to be
appointed by the Vice-Mayor for tabulation, report and reco~ndation to Council.
The motion was seconded by Mr. Harvey and adopted.
The Vice-Mayor appointed Messrs. Charles L. Landis, Chairman, Sam H.
McGhee, III, and Thomas F. Brady as members of the cor~,tttee.
PUBLIC HEARINGS
STREETS AND ALLEYS: Pursuant to Resolution No. 21414 the City Clerk
set a public hearing for Monday, December 8, 1980, at 7:30 p.m., or as soon there-
after as the matter may be heard, on the request of Southwest Virginia Co~unity
Development Fund that an alley extending from the northerly side of Centre
Avenue to the southerly side of Loudon Avenue, lying immediately west of and
running parallel with 21st Street, and marked "A" to "A" on the map appended as
Annex 11 and an alley extending from the westerly side of 21st Street to the
aforedescribed alley, lying immediately north of and running parallel with
Centre Avenue, and marked "B" to "B" on the map appended as Annex 1, be vaca-
ted, discontinued and closed, the matter was before the body.
A report of the City Planning Commission recommending that the request
be approved, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. F. Whittemore Bro~, Attorney, representing the petitioner,
appeared before Council in support of the request of his client.
No one appearing in opposition to the request, Mrs. Bowles moved that
the following Ordinance be placed upon its first reading:
(#25395) AN ORDINANCE permanently vacating, discontinuing and closing
two alleys, in the City of Roanoke, Virginia, which are described hereinafter.
The motion was seconded by Mr. Garland and adopted by the following
vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Vice-Mayor Butler ............................................................... 6.
NAYS: None ........................................................... 0.
(Mayor Taylor was absent.)
LEGISLATION-CITY CHARTER: Council at its meeting on Monday, November
24, 1980, having authorized the City Clerk to set a public hearing on Monday,
December 8, 1980, at 7:30 p.m., or as soon thereafter as the matter may be
heard, on proposed amendments to the Roanoke Charter of 1952 concerning Section
33, The annual budget, Section 56, Powers and duties of the School Board, and
Section 64, Working prisoners, the matter was before the body.
The proposed Charter amendments are s,,m~-rized as follows:
1. Amend and reenact Section 33, The annual budget, to exempt the
School Board from the requirement of filing its proposed annual budget by March
15 of each year and to change the designations of city auditor and city sergeant
to director of finance and sheriff, respectively.
2. Amend and reenact Section 56, Powers and duties of the school
board, to provide that the school board shall submit its proposed annual budget
to Council or its designee on or before March 15 of each fiscal year rather
than on or before the first day of the third month prior to the end of each
fiscal year.
3. Amend and reenact Section 64, Working prisoners, to authorize a
work program for persons found guilty of violating State laws or city ordinances
in addition to persons sentenced to confinement in prison or jail.
Mr. Harvey offered the following Resolution:
(#25396) A RESOLUTION requesting the 1981 Session of the General
Assembly of Virginia to enact certain amendments to the Roanoke Charter of 1952,
as amended.
Mr. Harvey moved the adoption of the Resolution. The motion was
seconded by Mrs. Bowles.
91
92
ACTION:
lis. Lin Atkins, Director of Offender Progr-ms, Total Action Against
Poverty, and Executive Director Elect of the Virginia Co---miry Action Re-entry
System, Incorporated, appeared before Council in support of the prisoner work
program.
(For full text, see statement on file in the City Clerk's Office.)
Mr. Omar Rabb, member of the American Huslim Mission, appeared before
Council and expressed concern for the future of those inmates who will become a
part of the proposed program and inquired as to what the program will do for
rehabilitation and redirection of the offender.
(For full text, see statement on file in the City Clerk's Office.)
No other persons desiring to address the Council in regard to the
proposed Charter amendments, the following vote was recorded on Resolution No.
25396:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Vice-Mayor Butler .............................................................. 6.
NAYS: None ....................................................... O.
(Mayor Taylor was absent.)
(For full text of Resolution, see Resolution Book No. 46, page 337.)
BUDGET-PLANNING-COMMUNITY DEVELOPMENT BLOCK GRANT-HOUSING-SCHOOLS:
Council at its meeting on Monday, November 24, 1980, having authorized the
City Clerk to set a public hearing on Monday, December 8, 1980, at 7:30 p.m.,
or as soon thereafter as the matter may be heard, on adjustment of schedule of
expenditures for the sixth year of the Community Development Block Grant Program
relating to renovation of the 01d Harrison School Building and the Gilmer
Avenue Demonstration Rehabilitation Program, the matters were before the body.
The City Manager submitted a written report in regard to the Harrison
School Project, recommending that Council approve the transfer of funds as more
fully set forth in the report, advising that there will be no impact on existing
projects; compliance with Housing and Urban Development guidelines relative to
fund transfer and the establishment of new programs/projects will be complied
with; and timing relative to legal and financial planning for the project will
be enhanced since architect and engineering services are needed to provide the
City and T.A.?. with more definitive information about the reuse potential of
the building.
(For full text, see report on file in the City Clerk's Office.)
The City Manager submitted an additional written report in regard to
the Gilmer Avenue Demonstration Rehabilitation Program, recommending that
Council approve the transfer of funds as more fully set forth in the report
which will authorize an amendment to the City's fiscal year 1979-80 Community
Development Block Grant Program to the extent that $60,000.00 will be transferred
from certain accounts to be used for the continuation of the Gilmer Avenue
Demonstration Rehabilitation Program; authorize the City Manager to file such
papers as may be necessary with HUD in order to provide for the change in the
City's fiscal year 1979-80 C.D.B.G. Program; and authorize the City Manager to
enter into a written amendment to the current Contract for Services with the
Housing Authority to provide for certain administrative services relating to
the Gilmer Avenue Demonstration Rehabilitation Program.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#2539?) AN ORDINANCE to amend and reordain certain sections of the
1980-81 Grant Programs Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 339.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Thomas.
Mr. Stephen K. Johnston, Assistant Director of Housing, and Mrs.
Florenta C. Napier, Community Rehabilitation License Counselor, representing
Total Action Against Poverty, appeared before Council and presented slides of
houses that have been rehabilitated under the Gilmer Avenue Demonstration RehabJ
ration Program.
Mrs. Catherine Thomas, 1322 Moorman Road, N. W., appeared before Council
and expressed appreciation for the rehabilitation of her home.
Ms. Murial Payne appeared before Council on behalf of her sister who
resides at 1223 Gilmer Avenue, N. W., advising that her sister's residence is
to be rehabilitated under the program amd expressed appreciation om behalf of
her sister.
The following vote was recorded on Ordinance No. 25397:
ACTION:
ACTION:
ACTION:
ACTION:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Vice-Mayor Butler ............................................................ 6.
NAYS: None ....................................................... 0.
(Mayor Taylor was absent.)
Mr. Thomas offered the following emergency Ordinance:
(#25398) AN ORDINANCE amending the City's Fiscal Year 1980-81
Community Development Block Grant program to provide for partial funding of
certain architectural and engineering services relating to the Harrison School
project; authorizing the City Manager or the Assistant City Manager to file
appropriate papers, if necessary, with the United States Department of Housing
and Urban Development to effect such amendment to the City's program; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 340.)
Mr. Thomas moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Vice-Mayor Butler .......................................................... 6.
NAYS: None ........................................................... O.
(Mayor Taylor was absent.)
Mr. Thomas offered the following emergency Ordinance:
(#25399) AN ORDINANCE amending the City's Fiscal Year 1979-80 Co-~,,nit,
Development Block Grant program to provide for continued funding of the Gilmer
Demonstration Rehabilitation Program; authorizing the City Manager or the
Assistant City Manager to file appropriate papers, as necessary, with the United
States Department of Housing and Urban Development to effect such amendment to
the City's program; and authorizing and providing for an amendment to the
Contract for Services, dated August 20, 1980, between the City and the City of
Roanoke Redevelopment and Housing Authority; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 340.)
Mr. Thomas moved the adoption of the Ordinance. The motion was
seconded by Mr. Landis and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Vice-Mayor Butler ........................................................... 6.
NAYS: None ...................................................... O.
(Mayor Taylor was absent.)
CONSENT AGENDA
The Vice-Mayor advised that all matters listed under the Consent
Agenda were considered to be routine by the City Council and would be enacted
by one motion in the forms listed on the agenda, and if discussion was desired,
that item would be removed from the Consent Agenda and considered separately.
He noted that included on the Consent Agenda was one request for an Executive
Session to discuss personnel matters.
MINUTES: Minutes of the regular meeting of Council held on Monday,
November 24, 1980, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mrs. Bowles moved that Council dispense with the reading of the
minutes and that they be approved as recorded. The motion was seconded by Mr.
Garland and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Vice-Mayor Butler ........................................................... 6.
NAYS: None ......................................................... O.
(Mayor Taylor was absent.)
COUNCIL: A communication from Vice-Mayor Butler requesting an Executive
Session to discuss personnel matters, was before Council.
(For full text, see communication on file in th~ City Clerk's Office.)
Mrs. Bowles moved that Council concur in the request. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Vice-Mayor Butler ............................................................ 6.
NAYS: None ......................................................... 0.
(Mayor Taylor was absent.)
93
ACTION:
ACTION:
PENDING ITEMS: A list of items pending from February 7, 1977, through
November 24, 1980, was before Council.
(For full text, see list on file in the City Clerk's Office.)
lire. Bowles moved that the list be received and filed. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYBS: Council members Bowles, Garland, Harvey, Landis, Thomas and
Vice-Mayor Butler .......................................................... 6.
NAYS: None .................................................... O.
(Mayor Taylor was absent.)
TRAFFIC: The qualification of Dr. W. W. $. Butler, III, and Me.
Charles O. Cornelison as members of the City of Roanoke Transportation Safety
Commission for terms of four years each ending October 31, 1984, was before
Council.
Mrs. Bowles moved that the qualification be received and filed. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Vice-Mayor Butler .......................................................... 6.
NAYS: None ......................................................... 0.
{Mayor Taylor was absent.)
REGULAR AGENDA
ACTION:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
HEALTH DEPARTMENT: Mrs. Phyllis Olin representing the Board of Mental
Health Services of the Roanoke Valley appeared before Council and presented a
progress report on programs and services of Mental Health Services as they
relate to the City.
(For full text, see statement on file in the City Clerk's Office.)
Mr. Garland moved that the progress report be received and filed. The
motion was seconded by Mrs. Bowles and adopted.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
SEWERS A~D STORM DRAINS: On Monday, November 10, 1980, at the request
of the Reverend Carl T. Tinsley, Council deferred action on a joint report of
the City Manager and the City Attorney concerning the Fairland Lake and Glenavon
Sanitary Sewer Assessment Project and the question of alternate methods of
handling the assessments, the matter was again before the body.
(For full text, see report on file in the City Clerk's Office.)
The Reverend Carl T. Tinsley, 2647 Springhill Drive, N. W., appeared
before Council and requested that the City fund the entire cost of the sanitary
sewer project, advising that the cost has nearly doubled since 1974 and refer-
red to other areas of the City where sewer projects have been totally funded by
the City. Reverend Tinsley noted that since the area was annexed in 1948,
residents have paid their taxes and the only services they have received are
police protection and garbage collection. In concluding, he said if the City
will not fund the entire cost of the project, it is requested that assessments
be based on the original cost estimate.
Mr. Landis moved that the joint report of the City Manager and the
City Attorney be received and filed. The motion was seconded by Mr. Harvey.
There was discussion in regard to the number of houses that have
hooked on to the sewer line and Council members expressed concern that some
homeowners have not hooked on because they cannot afford the assessment and
are continuing to use their septic tanks.
At 8:45 p.m., Mrs. Bowles left the meeting.
Certain members of Council expressed concern over making a special
exception for the Fairland Lake and Glenavon Project when other homeowners have
been required to share in assessment projects on a 50 - 50 basis, noting that
the residents of Fairland Lake and Glenavon are victims of inflation and further
noting that the City is also having to pay two times as much for its part of
the project due to inflation.
95
ACTION:
ACTION:
ACTION:
Mr. James L. Jones, 2724 Meadowview Drive, N. W., appeared before
Council and spoke in support of Reverend Tinsley's remarks.
Mr. William LaPrade, Jr., 2725 Meadowview Drive, N. W., also appeared
before Council in support of Reverend Tinsley's remarks, advising that if the
assessments were based upon the initial estimate, it would provide more incentive
for residents to hook on.
The City Attorney reviewed portions of the Joint report in regard to
charging based upon the first estimate, advising that he finds no authority for
establishing assessments on any basis other than the cost of the project, as
qualified by certain restrictions more fully set forth in the Joint report,
which means in this case, that there could have been no apportionment of the
cost of the project on the basis of the original project estimate.
Council having devoted considerable time to discussion of the matter,
Mr. Landis called for the vote on the motion to receive and file the Joint
report of the City Manager and the City Attorney; whereupon, the motion was
adopted, Council member Thomas and Vice-Mayor Butler voting no.
(Mayor Taylor and Mrs. Bowles were absent.)
HOLIDAYS-CITY EMPLOYEES: The Assistant City Manager submitted a
written report of the City Manager advising that Council referred to him for study
and recommendation the Mayor's recommendation that December 26, 1980, be given
as a holiday to City employees. Mr. Ewert recommended that Council grant
December 26, 1980, as a holiday for certain City employees by adoption of the
appropriate Resolution.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following Resolution:
(#25400) A RESOLUTION establishing Friday, December 26, 1980, as a
holiday for certain City employees for this calendar year only.
(For full text of Resolution, see Resolution Book No. 46, page 341.)
Mr. Garland moved the adoption of the Resolution. The motion was
seconded by Mr. Landis and adopted by the following vote:
AYES: Council members Garland, Harvey, Landis, Thomas and Vice-Mayor
Butler ........................................................................ 5.
NAYS: None ......................................................... O.
(Mayor Taylor and Mrs. Bowles were absent.)
CITY EMPLOYEES-FIRE DEPARTMENT-HOLIDAYS: The City Attorney submitted
a written report advising that at the meeting of Council on November 3, 1980,
Council elected to provide two paid holidays to each firefighter assigned to
the three platoon shift and transmitting an Ordinance amending the City Code
accordingly.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#25401) AN ORDINANCE amending and reordaining subsection (d) of
2-37, Office hours, work weeks and holidays, of the Code of the City of Roanoke
(1979), as amended, to provide for two paid holidays to each firefighter assigned
to the three platoon shift; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 341.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Garland, Harvey, Landis, Thomas and Vice-Mayor
Butler ...................................................................... 5.
NAYS: None ...................................................... 0.
(Mayor Taylor and Mrs. Bowles were absent.)
BUDGET-GRANTS-COMPREHENSIVE EMPLOYMENT AND TRAINING ACT: The Assistant
City Manager submitted a written report of the City I~ager reco~m~ending that
$3,537,269.00 be appropriated to certain CETA accounts representing new funding
allocated to the Fifth District Employment and Training Consortium for operation
of CETA Programs for fiscal year 1981.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#25402) AN ORDINANCE to amend and reordain certain sections of the
1980-81 Fifth District Consortium Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 342.)
ACTION:
ACTION:
ACTION:
Hr. Landis moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Garland, Harvey, ]~ndis, Thomas and Vice-Mayor
Butler ........................................................................ 5.
NAYS: None ...................................................... 0.
(Mayor Taylor and Hrs. Bowles were absent.)
GRANTS-INTERMODAL TRANSPORTATION TBRH1NAL-BUSES: The Assistant City
Manager submitted a written report of the City Manager recommending approval of
a Resolution authorizing the Mayor to file an application for funds to defray
95% of the local cost of the construction of the Intermodal Transportation
Terminal.
(For full text, see report on file in the City Clerk's Office.)
Hr. Garland offered the following Resolution:
(#25403) A RESOLUTION authorizing the proper City officials to apply
for a grant of State aid for public transportation capital costs in connection
with the Intermodal Transportation Terminal.
(For full text of Resolution, see Resolution Book No. 46, page 342.)
Mr. Garland moved the adoption of the Resolution. The motion was
seconded by Mr. Landis and adopted by the following vote:
AYES: Council members Garland, Harvey, Landis, Thomas and Vice-Mayor
Butler ......................................................................... 5.
NAYS: None .......................................................... 0.
(Mayor Taylor and Mrs. Bowles were absent.)
GRANTS-INTERHODAL TRANSPORTATION TERMINAL-BUSES: The Assistant City
Manager submitted a written report of the City Manager recommending approval of
a Resolution authorizing the Mayor to file an application with the Virginia
Department of Highways and Transportation to fund public transportation administra
tive costs in the amount of $181,000, $90,500 for the first year, fiscal year
commencing July 1, 1980, and $90,500 for the second year, fiscal year comencing
July 1, 1981, to defray public transportation administrative expenses of the
City or Greater Roanoke Transit Company.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following Resolution:
(#25404) A RESOLUTION authoriz£ng the proper City officials to apply
for a grant of State aid for public transportation administration costs in
connection with the operation of Greater Roanoke Transit Company.
(For full text of Resolution, see Resolution Book No. 46, page 343.)
Mr. Garland moved the adoption of the Resolution. The motion was
seconded by Mr. Landis and adopted by the following vote:
AYES: Council members Garland, Harvey, Landis, Thomas and Vice-Mayor
Butler ....................................................................... 5.
NAYS: None ........................................................ 0.
(Mayor Taylor and Mrs. Bowles were absent.)
AMBULANCES: The Assistant City Manager submitted a written report of
the City Manager recommending continuation of a contract with United Ambulance
Service, Incorporated, for supplemental ambulance service at an increased rate
of $42.50 per uncollectable account with insurance limits reading $100,000.00,
$300,000.00 and $50,000.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency Ordinance:
(#25405) AN ORDINANCE authorizing the City Manager to enter into a
new contract with United Ambulance Service, Incorporated, providing for said
corporation's furnishing of supplemental emergency rescue service; establishing
a charge for such service to be paid by the City in the event such charge is
uncollectable from any other source; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 343.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Garland, Harvey, Landis, Thomas and Vice-Mayor
Butler ...................................................................... 5.
NAYS: None ......................................................... 0.
(Mayor Taylor and Mrs. Bowles were absent.)
ACTION:
ACTION:
ACTION:
SEWERS AND $T01~4 D~AINS-ANNEXATION: The Assistant City Manager
submitted a written report of the City Manager in connection with the schedule
for receiving bids on annexation projects, recommending that Council authorize
the Mayor to appoint a Bid Co~,~ittee to receive and open bids publicly, as
follows, and report back to Council on Honday, December 22, 1980, with appropriate
reco~endations:
Project
Date and time to receive bids
1. Cravens - Barnhart III 2:00 p.m.
2. Glade Creek 2:00 p.m.
3. Ore Branch Upper 1:30 p.m.
4. Ore Branch Lower 1:30 p.m.
5. Tinker Creek 2:00 p.m.
Bid Committee Heeting 4:00 p.m.
December 12, 1980
December 12, 1980
December 15, 1980
December 15, 1980
December 16, 1980
December 17, 1980.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis moved that Council concur in the recommendation. The
motion was seconded by Mr. Thomas and adopted.
The Vice-Mayor appointed Messrs. Charles L. Landis, Chairman, James
G. Harvey, II, Sam H. McGhee, III, Thomas F. Brady and K. B. Kiser as members
of the committee.
EASEMENTS-SEWERS AND STORM DRAINS-SALE/PURCHASE OF PROPERTY: The
Assistant City Manager submitted a written report of the City Manager recommendim
authorization for the acquisition of needed easements for construction of the
Ore Branch Interceptor Sewer.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#25406) AN ORDINANCE providing for the acquisition of real estate
needed by the City for the construction of the Ore Branch Interceptor Sewer
Project (Upper Section); authorizing the City Manager to fix to a certain limit
the consideration to be offered by the City for each parcel; providing for the
City's acquisition of such real estate by condemnation, under certain circumstance
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. 46, page 344.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Garland, Harvey, Landis, Thomas and Vice-
Mayor Butler ................................................................ 5.
NAYS: None ...................................................... O.
(Mayor Taylor and Mrs. Bowles were absent.)
AIRPORT: The Assistant City Manager submitted a written report
of the City Manager recommending authorization to execute two proposed grant
amendments with the Commonwealth of Virginia Department of Aviation relative to
Airport Project Nos. 0045-06 and 0045-08, advising that project 0045-08 was
amended pursuant to Council report dated September 22, 1980 and Ordinance No.
25314 and the state grant for the project also needs to be amended for the same
reasons, i.e. the grant amounts were reduced to permit transfer of unused funds
to large charter and corporate general aviation project; that in respect to
project 0045-06, a time extension is needed because part of the project is
included with the contract work on the reconstruction of the air carrier ramp
and taxiway, and the grant contract must also be amended for that reason.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency Ordinance:
(#25407) AN ORDINANCE authorizing the proper City officials to
execute amendments to grant agreements with the Virginia Department of Aviation
for Project Nos. 0045-06 and 0045-08, at Roanoke Municipal Airport, Woodrum
Field, to extend the term of the first agreement until January 1, 1982, and to
reduce the maximum obligation of the Commonwealth with respect to the second
agreement from $29,755 to $25,867; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 344.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Garland, Harvey, Landis, Thomas and Vice-Mayor
Butler .................................................................... 5.
NAYS: None ...................................................... 0.
(Mayor Taylor and Mrs. Bowles were absent.)
9'7
98
ACTION:
ACTION:
ACTION:
PARKS AND PLAYGROUNDS-LEASES: The Assistant City Hanager submitted a
written report of the City Manager recommending that space in the building and
on the tower on Mill Mountain be leased to Roanoke Memorial Hospitals, Incorporated
to locate a Doctor's Paging System.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that the following Ordinance be placed upon its
first reading:
(#25408) AN ORDINANCE authorizing the rental of four (4) square feet
of floor space in the transmitter building atop Mill Mountain to Roanoke Memorial
Hospitals, Inc., for use, upon certain terms and conditions.
The motion was seconded by Mr. Thomas and adopted by the following
vote:
AYES: Council members Garland, Harvey, Landis, Thomas and Vice-Mayor
Butler ..................................................................... 5.
NAYS: None ....................................................... O.
(Mayor Taylor and Mrs. Bowles were absent.)
WATER DEPARTMENT: The Assistant City Manager submitted a written
report of the City Manager concurring in a report of the Bid Committee in
regard to the purchase of water meters, recommending that the proposals of
Neptune Water Meter Company, Hersey Products, Incorporated, Badger Meter,
Incorporated, and Rockwell International, be accepted.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#25409) AN ORDINANCE providing for the purchase of supplies of
various types of cold water meters for use by the City's Water Department
during the period of time beginning July 1, 1980, and ending June 30, 1981,
upon certain terms and conditions; accepting certain bids made to the City;
rejecting certain other bids; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 345.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Garland, Harvey, Landis, Thomas and Vice-Mayor
Butler 5.
NAYS: None ........................................................ O.
(Mayor Taylor and Mrs. Bowles were absent.)
HOUSING-CONSULTANT'S REPORTS: The Assistant City Manager submitted a
written report of the City Manager in regard to the Gainsboro Neighborhood
Study, advising that a status report on progress in selecting a consultant for
the Gainsboro study was made to Council on October 6, 1980, by the Reverend
Kenneth B. Wright and Council approved the selection of Cox McKee Okerlund as
Gainsboro consultants, recommending that Council authorize the City Manager to
execute an agreement with the Gainsboro PAC for the implementation and management
of the Gainsboro study, authorize the City Manager to approve the agreement for
professional services between Cox McKee Okerlund and the Gainsboro PAC, and
approve the expenditure of Community Development Block Grant funds currently
appropriated for the study and related activities not to exceed $60,000.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#25410) AN ORDINANCE authorizing and directing the City Manager to
execute an agreement by and between the City of Roanoke and Gainsboro Project
Area Committee, Inc., pertaining to a study for the Gainsboro neighborhood,
subject to certain terms and conditions; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 346.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Garland, Harvey, Landis, Thomas and Vice-Mayor
Butler ...................................................................... 5.
NAYS: None ....................................................... 0.
(Mayor Taylor and Mrs. Bowles were absent.)
REPORTS OF COMMITTEES:
99¸
ACTION:
ACTION:
ACTION:
AIRPORT: Council~n Landis, Chair~m of the co~m~tttee appointed by
the Mayor to tabulate bids received for perimeter fencing at Roanoke Municipal
Airport, WoodrumField, ADAP Project No. 6-51-0045-08, presented a written
report of the committee recommending that the iow bid of Guard Rail of Roanoke,
Incorporated, in the amount of $37,300.00 be accepted.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#25411} AN ORDINANCE accepting a certain proposal and awarding a
contract for the installation of perimeter fencing at Roanoke Municipal Airport,
Woodrum Field, Airport Project No. ADAP 6-51-0045-08, upon certain terms and
conditions; authorizing the proper City officials to execute the requisite
contract; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 346.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Garland, Harvey, Landis, Thomas and Vice-Mayor
Butler ................................................................... 5.
NAYS: None ......................................................... 0.
(Mayor Taylor and Mrs. Bowles were absent.)
SEWERS AND STORM DRAINS: Councilman Landis, Chairman of the com~it-
tee appointed by the Mayor to tabulate bids received for the Cravens-Barnhart
Sewage Collection System, Project I, presented a written report of the committee
recommending that the iow bid of J. P. Turner & Brothers, Incorporated, in the
amount of $98,920.30 be accepted, that a five per cent contingency be established
in the amount of $4,946.02, and that funds be transferred therefor.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#25412) AN ORDINANCE to amend and reordain certain sections of the
1980-81 Capital Projects Fond Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 347.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Garland, Harvey, Landis, Thomas and Vice-Mayor
Butler .................................................................. 5.
NAYS: None .................................................. 0.
(Mayor Taylor and Mrs. Bowles were absent.)
Mr. Landis offered the following emergency Ordinance accepting the
bid of J. P. Turner & Brothers, Incorporated:
(#25413) AN ORDINANCE providing for the construction of Project I of
the Cravens-Barnhart Sewage Collection System, located in the City, upon certain
terms and conditions, by accepting the lowest bid made to the City; authorizing
execution of the requisite contract; rejecting certain other bids; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 348.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Garland, Harvey, Landis, Thomas and Vice-Mayor
Butler ................................................................ 5.
NAYS: None .................................................. O.
(Mayor Taylor and Mrs. Bowles were absent.)
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: NONE.
OTHER HEARINGS OF CITIZENS:
CITY GOVERNMENT: Mr. Richard W. Crush, a City employee, appeared
before Council in regard to bureacracy in City government and the number of
Executive Sessions held by Council. He stated that the City spent $10,000.00
on a City advertising supplement to The Roanoke Times and World News on Saturday,
December 6, 1980, which was very nice but provided little factual or substantive
information about the City, and the financial information was confusing and of
i00
little value. He referred to misleading information published in the City
newsletter (The City Corner) and more specifically the information about Social
Security tax deductions for City employees. He stated that the bureacracy
began when Council approved the cabinet system of directors for the City Manager
several years ago. In concluding, Mr. Crush requested that Council appoint a
citizens' blue ribbon committee to deal with the matter of massive bureacracy
in City government.
At 9:55 p.m., the Vice-Mayor declared the meeting recessed.
At 10:10 p.m., the meeting reconvened in the Council Chamber with
Vice-Mayor Butler presiding and all members of Council present, with the exception
of Mayor Taylor and Mrs. Bowles.
HOUSING: The Vice-Mayor noted that there is a vacancy on the City of
Roanoke Redevelopment and Housing Authority created by the resignation of the
Reverend Marvin E. Jacobs and called for nominations to fill the vacancy.
Mr. Harvey placed in nomination the name of Mrs. 30 Anne B. Justis.
There being no further nominations, Mrs. Justis was elected as a
Commissioner of the City of Roanoke Redevelopment and Housing Authority to fill
the unexpired term of the Reverend Marvin E. Jacobs, resigned, ending August
31, 1983, by the following vote:
ACTION:
FOR MRS. JUSTIS: Council members Garland, Harvey, Landis, Thomas and
Vice-Mayor Butler .............................................................. 5.
(Mayor Taylor and Mrs. Bowles were absent.)
ROANOKE NEIGHBORHOOD PARTNERSHIP: The Vice-Mayor opened the floor
for nominations for an additional member to the Steering Committee - Roanoke
Neighborhood Partnership; whereupon, Mr. Landis placed in nomination the name
of Mr. James M. Turner, Jr.
There being no further nominations, Mr. Turner was elected as a
member of the Steering Comittee - Roanoke Neighborhood Partnership for a term
ending after the duties and responsibilities of the Committee have been fulfilled,
by the following vote:
ACTION:
FOR MR. TURNER: Council members Garland, Harvey, Landis, Thomas and
Vice-Mayor Butler .......................................................... 5.
(Mayor Taylor and Mrs. Bowles were absent.)
ARCHITECTURAL REVIEW BOARD: The Vice-Mayor called to the attention
of Council that the term of Mr. John M. Thompson as a member of the Architectur-
al Review Board expired on September 30, 1980, and called for nominations to
fill the vacancy.
Mr. Garland placed in nomination the name of Mr. John M. Thompson.
There being no further nominations, Mr. Thompson was reelected as a
member of the Architectural Review Board for a term of four years ending
October 1, 1984, by the follo%~ng vote:
FOR MR. THOMPSON: Council members Garland, Harvey, Landis, Thomas
and Vice-Mayor Butler ...................................................... 5.
(Mayor Taylor and Mrs. Bowles were absent.)
There being no further business, the Vice-Mayor declared the meeting
adjourned at 10:15 p.m.
APPROVED
ATTEST:
City Clerk
Mayor
SPECIAL SESSION ..... ROANOKE CITY COUNCIL
December 11, 1980
2:30 p.m.
The Council of the City of Roanoke ~et in special meeting in the Council Chamber
in the Municipal Building, 215 Church Avenue, S. W., on Thursday, December 11, 1980, at
2:30 p.m., to receive a presentation on the potential hotel/conference center in downtown
Roanoke, with Mayor Noel C. Taylor presiding.
PRESENT: Council members Elizabeth T. Bowles, Wendell H. Butler, Robert A.
Garland, James G. Harvey, II, Charles L. Landis, Homp. ton W. Thomas and Mayor Noel C.
Taylor .................................................................................. 7.
ABSENT: None ................................................................. O.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. Sam N. McGhee, III,
Assistant City Manager; Mr. Wilburn C. Dibling, Jr., City Attorney; Mr. J~r, es D. Grisso,
Deputy Director of Finance; and Mrs. Mary F. Parker, City Clerk.
The invocation was delivered by Mayor Taylor.
The Pledge of Allegiance to the Flag of the United States of America was led by
Mayor Taylor.
The special meeting was called pursuant to the following communica-
tion from the Mayor:
"December 5, 1980
Members of Roanoke City Council
Roanoke
Virginia
Dear Mrs. Bowles and Gentlemen:
Pursuant to Section 10 of the Roanoke City Charter, I am
calling a special meeting of the City Council on Thursday,
December 11, 1980, at 2:30 p.m., in the City Council Chamber,
for the purpose of receiving a presentation on the potential
hotel/conference center in downtown Roanoke.
Sincerely,
S/ Noel C. Taylor
Noel C. Taylor
cc: Mr. H. B. Ewert, City Manager, Building
Mr. Joel M. Schlanger, Director of Finance, Building
Mr. Wilburn C. Dibling, Jr., City Attorney, Building
Mrs. Mary F. Parker, City Clerk, Building
Mr. Brian Wishneff, Chief of Economic Development and
Grants, Building"
The Mayor advised that the City has put together the kind of
forward thrust that will propel us to greatness and it is in the form of three
programs; (1) Design '79 (downtown revitalization study); (2) the park study
program; and (3) the neighborhood program. He said it is hoped when we come to
the Centennial celebration in 1982, we can look with pride on these three
components and share the program with the total community. He noted that as a
part of the downtown revitalization program (Design '79) there were two basic
components, viz: (1) the market square and (2) Downtown East, and at the edge
of Downtown East facing the City Market, it is hoped to establish a hotel
facility which will serve the needs of the total community. He expressed
appreciation to City officials, businessmen and citizens who have labored
zealously to bring the City to this particular point.
The City Manager advised that on March 10, 1980, Council approved a
proposal to study the feasibility of the hotel, and should the feasibility study
prove positive, to move forward toward the development of a lending prospectus,
said project being earmarked at a cost of $100,000.00, $50,000.00 to be paid by
Landmark Division of Appletree Enterprises, Inc., the successful bidder,
$25,000.00 by Downtown Roanoke, Incorporated, and $25,000.00 by the City of
Roanoke. Mr. Ewert introduced Mr. Tom Van Housen, Vice President of Landmark
to present a progress report on the project.
(See written progress report presented by Mr. Van Housen on file in the City
Clerk's Office.)
During his presentation, Mr. Van Housen advised that his report is a
progress report and no action is requested by Council but in approximately 30 ~
45 days a positive vote of Council will be needed. He noted that if the vote
is 4 - 3 in this very questionable financial world of interest prime rate of 20
per cent + or - , the probability of success in a lending institution funding
this project is quite nil. He said it is not expected to get a 7 - 0 vote of
the Council but it will have a great impact on the mortgage lender and requested
that Council weigh very carefully its decision and lend support if it so desires.
!.,02
lit. Van Housen presented slides of Lexington Center in Lexington,
Kentucky, in which Land~ark was involved with the planning.
Hr. Gerald Siddons, ixchitect and Project Hanager vith Landmark,
gave a slide presentation on what has been done in tet~s of architectural
planninE.
Hr. Van Housen explained the development cost of the project (as mere
fully set forth in his ~r~itten progress report) in the total amount of $20,500,000
He presented further info~mation on financial projections which must be verified
add refined with the City's staff, business community and financial world.
Insofar as schedulin$ is concerned, he noted that the support of the City ~rlll
be needed in going through the Urban Development Action Grant application in
January, 1981, which is one reason that a 30 - 45 day review has been requested,
and at the end of that time Council will be asked to vote to submit to the
Federal Government the Urban Development Action Grant application. Under
normal conditions, he stated that it would be anticipated that grant approval
would come either in April or June, 1981 and a construction start would be
anticipated in about January 1, 1982, the project would be completed in January
1984 and the first full year of operation would begin in January 1984.
In reference to the creation of jobs, Mr. Van Housen estimated a
total of 250 permanent employees and approximately 50 part-time employees, in the
Exhibition Hall, for a total of 300 employees. Out of this total, he estimated
that approximately 120 people will be in the low income area, approximately 130
people will be in the medium income area, and higher income levels or managerial
positions will be as high as 50 persons which is within the guidelines as
defined by the Federal Government.
Insofar as the hotel operator, Mr. Van Housen advised that they have
talked with four hotel operators and depending upon the response from the City,
the business comunity and what is available within the next 30 days, he would
like to reserve that item for discussion at the next briefing.
Mr. Van Housen referred to other problems which must be solved in the
meanwhile, viz: should this be a land lease or land acquisition; what are the
actual sub-soil conditions and ground water conditions in the area; parking
relationship for City, offices and hotel needs must be designed; what can be
anticipated in the area of street and plaza beautification; the air rights
potential must be reviewed with the City Attorney end other staff persons for
the pedestrian skyway system; the entire project design must be reviewed;
e~amlnation of this project with the future Downtown East coordination; discussion
with the City's staff concerning improvement of the visual approach to the City
along the Interstate system into downtown Roanoke.
In regard to the tax revenue generated by the project, Mr. Van Housen
advised that in the third full year of operation a total income of $8.5 million
would be generated using a 72 per cent occupancy and about a $60.00 per night
room rate. He noted that under the current hotel room tax, approximately
$135,000.00 would be generated, approximately $85,000.00 in sales tax would be
generated and approximately $80,000.00 would be generated in personal and real
property tax, for a total of approximately $300,000.00 generated to the City in
additional taxes. Further, if the program is followed as outlined, with the
exception of room, food and beverage, assuming the average convention person
spends $75.00 per day in downtown Roanoke, that would generate somewhere in the
area of an $8 million increase for the co~nercial business district of downtown
Roanoke.
Following a brief period of questions from the members of Council,
the Mayor expressed appreciation to Mr. Van Housen and Mr. Simmons for the
briefing and declared the meeting adjourned at 3:40 p.m.
APPROVED
ATTEST:
City Clerk
Mayor
)0.
RBGULAR WEEKLY SESSION ...... P. OAI~OI~ CITY COUNCIL
December 22, 1980
2:00 p.m.
The Council of the City of Roanoke mat in regular maeting in the Council Chamber
in the Hunicipal Building, 215 Church Avenue, S. W., on Honday, December 22, 1980, at
2:00 p.m., the regular meeting hour, ~rlth Hayor Noel C. Taylor presiding.
PRESENT: Council members Elizabeth T. Bowles (arrived at 2:14 p.m.), Wendell
H. Butler, P~obert A. Garland (arrived at 2:15 p.m.), James G. Harvey, II, Charles L.
Landis, Hampton W. Thomas (arrived at 2:13 p.m.), and Mayor Noel C. Taylor ........... 7.
ABSENT: None- - 0
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Hr. Sam H. HcGhee, III,
Assistant City Manager; Mr. Wilburn C. Dibling, Jr., City Attorney; Mr. William X Parsons,
Assistant City Attorney; Mr. Joel H. Schlanger, Director of Finance; and Mrs. Mary F.
Parker, City Clerk.
The invocation was delivered by the Reverend W. Albert Massey, Pastor, Roanoke
Rmm~nuel Church.
The Pledge of Allegiance to the Flag of the United States of America was led by
Mayor Taylor.
PUBLIC HEARINGS
ACTION:
TOT~ ACTION AGAINST POVERTY-LEASES-SCHOOLS: Council having previously
authorized the City Clerk to set a public hearing on the proposed adoption of
an ordinance leasing to Total Action Against Poverty in the Roanoke Valley
(TAP) for 40 years, at a rental of $10.00 per year, real property known as the
former Harrison School site, located at 523 Harrison Avenue, N. W., for a
community center, elderly and handicapped housing, day care center, community
kitchen, office space and meeting and recreational purposes, the matter was
before the body.
The City Attorney submitted a written report advising that on November
10, 1980, Council concurred in a Bid Committee report recommending the lease of
the former Harrison School property by the City to TAP, and at that time he
advised that in such cases, the City must first advertise a proposed Ordinance
making the lease once a week for four successive weeks, noting that the advertise-
ment has been accomplished and transmitting an Ordinance for the consideration
of Council.
(For full text, see report on file in the City Clerk's Office.)
No one present wishing to address the Council regarding the matter,
Mr. Landis moved that the following Ordinance be placed upon its first reading:
(#25414) AN ORDINANCE providing for the acceptance of a proposal of
Total Action Against Poverty in the Roanoke Valley to lease the former Harrison
School for a neighborhood center and providing for the lease of this property
to that person, upon certain terms and conditions.
The motion was seconded by Dr. Butler and adopted by the following
vote:
AYES: Council members Butler, Harvey, Landis and Mayor Taylor ...... 4.
NAYS: None ......................................................... O.
(Council members Bowles, Garland and Thomas had not arrived.)
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the City Council and would be enacted by one
motion in the forms listed on the agenda, and if discussion was desired, that
item would be removed from the Consent Agenda and considered separately, He
noted that included on the Consent Agenda were two requests for Executive
Sessions to discuss personnel matters.
MINUTES: Minutes of the regular meeting of Council held on Monday,
December 8, 1980, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
1;'03
ACT ION:
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
Dr. Butler moved that Council dispense with the reading of the minutes
and that they be approved as recorded. The motion vas seconded by Mr. Landis
and adopted by the following vote:
AYES: Council m~mbers Butler, Harvey, Landis and Mayor Taylor ....... 4.
NAYS: None .......................................................... 0.
(Council members Bowles, Garland an-d Thomas had not arrived.)
COUNCIL: A co~unication from the Mayor requesting an Executive
Session to discuss personnel matters, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Dr. Butler moved that Council concur in the request. The motion was
seconded by Mr. Landis and adopted by the following vote:
AYES: Council members Butler, Harvey, Landis and Mayor Taylor ....... 4.
NAYS: None .......................................................... 0.
(Council members Bowles, Garland and Thomas had not arrived.)
COUNCIL: A comunication from Councilwoman Bowles requesting an
Executive Session to discuss a personnel matter, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Dr. Butler moved that Council concur in the request. The motion was
seconded by Mr. Landis and adopted by the following vote:
AYES: Council members Butler, Harvey, Landis and Mayor Taylor ....... 4.
NAYS: None ......................................................... 0.
(Council members Bowles, Garland and Thomas bad not arrived.)
AIRPORT: A report of the Airport Advisory Commission advising of
officers selected for the year 1981, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler moved that the report be received and filed. The motion
was seconded by Mr. Landis and adopted by the following vote:
AYES: Council members Butler, Harvey, Landis and M~yor Taylor ..... 4.
NAYS: None ........................................................ 0.
(Council members Bowles, Garland and Thomas had not arrived.)
HOUSING: The qualification of Mrs. Jo Anne B. Justis as a Commissioner
of the City of Roanoke Redevelopment and Housing Authority to fill the unexpired
term of the Reverend Marvin E. Jacobs, resigned, ending August 31, 1983, was
before Council.
(Oath or Affirmation of Office is on file in the City Clerk's Office.)
Dr. Butler moved that the qualification be received and filed. The
motion was seconded by Mr. Landis and adopted by the following vote:
AYES: Council members Butler, Harvey, Landis, and Mayor Taylor ....... 4.
NAYS: None ........................................................... O.
(Council members Bowles, Garland and Thomas had not arrived.)
TRAFFIC: The qualification of Mr. John C. Clarke as a member of the
City of Roanoke Transportation Safety Co~ission for a term of four years
ending October 31, i984, was before Council.
(Oath or Affirmation of Office is on file in the City Clerk's Office.)
Dr. Butler moved that the qualification be received and filed. The
motion was seconded by Mr. Landis and adopted by the following vote:
AYES: Council members Butler, Harvey, Landis, and Mayor Taylor ....... 4.
NAYS: None ........................................................... 0.
(Council members Bowles, Garland and Thomas had not arrived.)
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
ZONING: A communication from Mr. John W. Chappelear, Jr., tendering
his resignation as a member of the Board of Zoning Appeals when his present
term expires on December 31, 1980, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
'05
ACTION:
ACTION:
ACTION:
ACTION:
Mr. Landis moved that the co~nication be received and filed and
that the resignation be accepted with regret. The motion vas seconded by Dr.
Butler and adopted.
Mr. Landis offered the following Resolution recognizing the services
of Hr. Chappelear:
(#25415) A RESOLUTION reco~nizing the services of JO~q CHAPPELEAR as
a member of the City of Roanoke Board of Zonin$ Appeals.
(For full text of Resolution, see Resolution Book No. 46, page 350.)
Mr. Landis moved the adoption of the Resolution. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Butler, Harvey, Landis and Mayor Taylor ....... 4.
NAYS: None ......................................................... O.
(Council members Bowles, Garland and Thomas had not arrived.)
At this point (2:13 p.m.), Mr. Thomas entered the meeting.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
LICENSES-TAXES: The City Manager submitted a written report advising
that the City Motor Vehicle License Tax Code was amended by Ordinance No. 25369
so that the City's license fees for trucks would be the same as the maximum
permitted by the Code of Virginia and the primary reason for this amendment
was for the City to be able to receive at least the same license taxes from
pickups and vans as was received for passenger cars of similar weight, noting
that fees for trucks with heavy gross weights would be significantly increased
as indicated by data prepared by the Commissioner of Revenue for use in the
sale of the 1981 vehicle license decals, that fees in adjacent localities for
trucks with heavy gross weights are considerably lower than the State maximum,
that establishment of a maximum license fee for trucks should be considered by
Council and transmitting options for the consideration of Council. The City
Manager recommended that Council hold a public hearing on Monday, January 12,
1981, at 7:30 p.m., to receive public comments concerning the establishment of
a mm~imummotor vehicle license tax for trucks.
(For full text, see report on file in the City Clerk's Office.)
At this point (2:14 p.m.), Mrs. Bowles entered the meeting.
Mr. Landis moved that Council concur in the reco~endation of the
City Manager and that Council hold a public hearing on Monday, January 12,
1981, at 7:30 p.m., or as soon thereafter as the matter may be heard. The
motion was seconded by Mr. Harvey and adopted.
At this point (2:15 p.m.), Mr. Garland entered the meeting.
ITEMS RECOMMENDED FOR ACTION:
PARKING GARAGE-CULTURAL CENTER-GRANTS: The City Manager submitted a
written report in regard to the Market Square (Cultural Center) Parking Garage,
recommending execution of a contract for Phase II of the Market Square (Cultural
Center) Parking Garage design with Hayes, Seay, Matters and Mattern to include
the provisions of a proposal under date of December 16, 1980, from Hayes, Seay,
Mattern and Mattern, and to include a provision that work on the structural
shell for the atrium, planetarium, and theatre not be initiated until an agreemen
between the City and the Center is executed, the contract to be in the form of
a cost plus fixed fee with a cost ceiling of $207,321.00 to include basic
services, additional services and reimbursable expenses.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#25416) AN ORDINANCE authorizing the City Manager to enter into a
contract with Hayes, Seay, Mattern & Mattern to provide architectural services
identified as Phase II Design Services for the proposed Market Square Parking
Garage; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 350.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ...................................................... 7.
NAYS: None ......................................................... 0.
O6
ACTION:
ACTION:
ACTION:
AIRPORT: The City Mamager submitted a written report recommending
authorization to accept a proposal from Ralph Burke Associates to revise and
provide additional information to the Environmental Impact Assessment Report
for Runway 23 Extension within four months at a maximum price of $36,465.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency Ordinance:
(#25417) AN ORDINANCE authorizing the City Manager to enter into an
agreement with Ralph Burke Associates to prepare a revised Environmental Impact
Assessment Report with respect to the proposed extension of Runway 23 at Roanoke
Municipal Airport, Woodrum Field, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 351.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ..................................................... 7.
NAYS: None .................................................... ~--0.
EQUIPMENT-CLERK OF CIRCUIT COURT: The City Manager submitted a
written report concurring in a report of the Bid Committee regarding the purchase
of microfilm equipment for the Clerk of Courts Office, recommending acceptance
of the bid of Eastman Kodak Company, in the amount of $42,767.60 for the purchase
of four new microfilm reader-printers, and that further review indicates a
possibility of selling the existing equipment at a value mere than the trade
allowance quoted, and if a sale can be arranged, the City should be allowed to
do so and pay Eastman Kodak the full price for the new equipment.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#25418) AN ORDINANCE providing for the purchase of certain microfilm
equipment for use by the City, upon certain terms and conditions, by accepting
a certain bid made to the City for furnishing and delivering said microfilm
equipment; providing for the issuance of requisite purchase orders for such
equipment; declaring certain other microfilm equipment surplus and authorizing
the disposal thereof; rejecting another bid made to the City; and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 351.)
}ir. Landis moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ..................................................... 7.
NAYS: None ....................................................... O.
TRAFFIC-LICENSES-TAXES: The City Manager orally requested that he be
permitted to change the location of the "year" on the 1981 City automobile decal,
which must be ordered before Council meets on January 5, 1981.
No opposition was expressed by the members of Council.
CITY ATTORNEy:
SWIMMING POOLS-HEALTH DEPARTMENT-CITY CODE: The City Attorney submitted
a written report transmitting an Ordinance to amend Section 15-28, Supervising
personnel, of the City Code in order to clarify the City's requirements with
respect to the operation of swimming pools, advising that the Ordinance is
health-related to insure that pool water standards are maintained; that with
regard to lifeguards, it requires only that if a lifeguard is on duty at a
pool, the lifeguard shall be trained in first aid, lifesaving and the use of
lifesaving apparatus, and the Ordinance requires that a warning sign be posted
when lifeguards are not on duty.
(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:
(#25419) AN ORDINANCE amending and reordatning Section 15-28, Super-
vising personnel, of the Code of the City of Roanoke (1979), as amended, in
order to clarify certain requirements for the operation of swimming pools in
the City.
vote:
The motion was seconded by Mr. Garland and adopted by the following
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ...................................................... 7.
NAYS: None ........................................................ O.
ACT ION:
ACTION:
ACTION:
DIRECTOR OF FINANCE:
BUDGET-GRANTS-HOUSING-PLANNING: The Director of Finance submitted a
written report transmitting an Ordinance to reduce a duplicate appropriation of
parking lot income from the Roanoke Redevelopment and Housing Authority, advising
that on October 20, 1980, Council appropriated $78,271.29 of program income
received from the Roanoke Redevelopment and Rousing Authority to Grant Fund
Community Development Block Grant accounts and of this amount, $28,549.26 was
parking lot receipts that had been appropriated previously and should not have
been included and transmitting an Ordinance which reduces the duplicate appropria-
tion.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#25420) AN ORDINANCE to amend and reordain certain sections of the
1980-81 Grant Program~ Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 352.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor .................................................... 7.
NAYS: None ....................................................... O.
REPORTS OF COMMITTEES:
LEGISLATION-SEWERS AND STORM DRAINS: Councilmmn Thomas, Chairman of
the Water Resources Committee, submitted a written report in regard to the
matter of disposal of sludge at the Sewage Treatment Plant, transmitting a
report from the City Manager under date of December 17, 1980, regarding the
matter, and recommending that lagoon storage expansion on plant property be
commenced as soon as plans and specifications are completed and bids received;
that lagoon cleaning by contract be commenced as soon as proposal criteria are
developed, advertised and bids received; employment of an Agronomist to make
i~mediate contacts with farmers, miners, contract hauler, etc.; and development
of plans and specifications for a dewatering facility (belt press), and further
recommending that the long term solution be taken under advisement pending
further reports from the Administration. With reference to the matter of
overall funding of the long-term solution, the Committee recommended that the
General Assembly be advised of the factors involved and that funding assistance
be requested through an appropriate Resolution adopted by Council.
(For full text, see reports on file in the City Clerk's Office.)
The Committee at its meeting on December 17, 1980, having also requested
that the Director of Finance present information to the Council concerning
sewage treatment rate adjustments required in order to finance the required
additional sludge handling facilities and operation, the Director of Finance
and the City Manager submitted a joint written report, recommending that City
customer rates for Class I and II users be increased 71% across-the-board to a
new base rate of $1.01 per 100 cubic fee, and comparable base rate increases in
flat rate charges that the City makes, effective January 12, 1981, for all
billings issued; increase the current bulk rates charged to Roanoke County,
City of Salem and the Town of Vinton by 25% in accordance with Section 4,
Subparagraph D of the sewage treatment contracts effective on all billings
after passage of any required Ordinance or Ordinances; authorize the Director
of Finance to obtain a short-term loan up to $750,000.00 for cash flow purposes
when required until the revenue generated by the rate increases are realized in
receipts.
(For full text, see report on file in the City Clerk's Office.)
In regard to the report of the Water Resources Committee transmitting
a communication from the City Manager dated December 17, 1980, Mr. Thomas moved
that Council authorize the City Manager to put into effect items 1 - 4 of said
report and that the necessary steps be taken to increase the user cost by 71%;
viz: 43% for items 1 - 4, 12% for capital outlay items outlined in the report
of the Director of Finance, and 16% for operational costs through 1983. The
motion was seconded by Mr. Garland.
Mr. Harvey offered a substitute motion that Council defer action on a
rate increase until the regular meeting of Council on Monday, January 12,
1981.
The substitute motion failed for lack of a second.
Following a discussion of the matter, the original motion was adopted
by the following vote:
AYES: Council members Bowles, Butler, Garland, Landis, Thomas and
Mayor Taylor .................................................................. 6.
NAYS: Council member Harvey ........................................ 1.
.07
ACTION:
ACTION:
ACTION;
ACTION:
ACTION:
Mr. Thomas moved that the Administration be authorized to continue to
explore and pursue the recommendation for providing the dewatering facility at
the Sewage Treatment Plant and the third phase solution which would be in the
approximate ~-~unt of $7 1/2 million, and that the City undertake a vigorous
program to request the City's representatives to the General Assembly and thoee
legislators representing the City on a federal level to seek, on an emergency
basis, aid for the City of Roanoke in providing these capital outlays to all
citizens of the Valley. The motion was seconded by Mrs. Bowles and unanimously
adopted.
Mr. Thomas offered the following Resolution:
(#25421) A RESOLUTION urging enactment by the 1981 Session of the
General Assembly of legislation providing for financial aid to the City of
Roanoke in connection with the sludge disposal problem at the regional Water
Pollution Control Plant in the City.
(For full text of Resolution, see Resolution Book No. 46, page 352.)
Mr. Thomas moved the adoption of the Resolution. The motion was
seconded by Hr. Landis and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor .................................................... 7.
NAYS: None .................................................... O.
Mr. Thomas moved that the Administration be directed to immediately
put into effect the following two items pertaining to sewage treatment rates
for the City of Roanoke:
(1) the current bulk rates charged to Roanoke County, the City of Salem and the
Town of Vinton are to be increased by 25% in accordance with Section 4, Subpara-
graph (D) of the Sewage Treatment Contracts, effective on all billings after
passage of any required Ordinances at the January 12, 1981, meeting of Council;
and
(2) that the Director of Finance be authorized to obtain a short term loan up
to $750,000.00 for cash flow purposes, when required, until the revenue generated
by the rate increases are realized in receipts and in hand by the City of
Roanoke. The City Attorney was instructed to prepare the necessary measure or
measures to effect the above motion. The motion was seconded by Dr. Butler and
unanimously adopted.
WATER DEPARTMENT: Councilman Landis, Chairman of the committee
appointed by the Mayor to study bids received on the construction of the U. S.
Route 460 20" water main from King Street to the east corporate limit of the
City, submitted a written report recommending that the low bid of Aaron J.
Conner, General Contractor, in the amount of $109,100.80 be accepted, and that
the remaining budgeted funds be used for a job contingency account.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance accepting the
proposal of Aaron J. Conner General Contractor, Incorporated:
(#25422) AN ORDINANCE providing for the construction of the U. S.
460 East Water Main Project, located in the City, upon certain terms and condi-
tions, by accepting the lowest bid made to the City; authorizing execution of
the requisite contract; rejecting certain other bids; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 353.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis and
Mayor Taylor ................................................................... 6.
NAYS: None ......................................................... O.
(Mr. Thomas was out of the Council Chamber.)
SEWERS AND STORM DRAINS: Councilman Landis, Chairman of the co~ittee
appointed by the Vice-Mayor to study bids received for the construction of the
Norwood Street Storm Drain, submitted a written report reconm~ending that the
proposal of Ramey, Incorporated, in the amount of $669,483.00, be accepted; and
that the Director of Finance be authorized to establish a new account in the
name of Norwood Street Storm Drain and transfer $677,912.39 from the Annexation
Storm Drain and Sewer Project Account and $5,045.60 from the Westland Road
Storm Drain Account to the newly established Norwood Street Storm Drain account.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#25423) AN ORDINANCE to amend and reordain certain sections of the
1980-81 Capital Projects Fund Appropriation, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 354.)
ACTION:
ACT ION:
ACTION:
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Dr. Butler and adopted by the follow/ag vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, and
Mayor Taylor .............................................................. 6.
NAYS: None ...................................................... O.
(Hr. Thomas was out of the Council Chamber.)
Mr. Landis offered the following mamrgency Ordinance accepting the
proposal of Ramey, Incorporated:
(#25424) AN ORDINANCE providing for the construction of the Norwood
Street Storm Drain Project, located in the City, upon certain terms and condi-
tions, by accepting the lowest bid made to the City; authorizing execution of
the requisite contract; rejecting certain other bids; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 354.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ....................................................... 7.
NAYS: None ........................................................ 0.
BUDGET-SEWERS AND STORM DRAINS: Councilman Landis, Chairman of the
committee appointed by the Vice-Mayor to study bids received for the construc-
tion of the Hemlock Hills Storm Drain Project, submitted a written report
recommending that the proposal of S. C. Rossi & Company, Incorporated, in the
amount of $114,810.50, be accepted, establishment of a five per cent contingency
for the project in the amount of $5,740.53, and that the Director of Finance
be authorized to establish a new account in the name of Hemlock Hills Storm
Drain and transfer $120,551.03 from the Annexation Storm Drain and Sewer Project
account to the newly established Hemlock Hills Storm Drain account.
(For full text, see report on file in the City Clerk's Office.)
Mr. Lanais offered the following emergency Ordinance:
(#25425) AN ORDINANCE to amend and reordain certain sections of the
1980-81 Capital Projects Fund Appropriation, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 355.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ..................................................... 7.
NAYS: None ....................................................... 0.
Mr. Landis offered the following emergency Ordinance accepting the
proposal of S. C. Rossi & Company, Incorporated:
(#25426) AN ORDINANCE providing for the construction of the Hemlock
Hills Storm Drain Project, located in the City, upon certain terms and conditions
by accepting the lowest bid made to the City; authorizing execution of the
requisite contract; rejecting certain other bids; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 355.)
Hr. Landis moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor .................................................... 7.
NAYS: None ...................................................... 0.
BUDGET-SEWERS AND STORM DRAINS: Councilman Landis, Chairman of the
committee appointed by the Vice-Mayor to study bids received for construction
of the Cravens-Barnhart III Sewer Project, submitted a written report recommend-
ing that the proposal of Aaron J. Conner General Contractor, Incorporated, in
the amount of $126,120.65, be accepted, establishment of a five per cent
in the amount of $6,306.03, and that the Director of Finance be authorized to
transfer $132,426.68 from Sewage Lateral Replacement account to Cravens-Barnhart
Sewage System Construction Project III account.
(For full text, see report on file in the City Clerk's Office.)
ACTION: Mr. Landis offered the following emergency Ordinance:
ACTION:
ACTION:
(t25555) AN ORDINANCE providing for the acquisition of additional real
estate needed by the City for the construction of the No~wood Street Store Drain
Project; authorizing the City Manager to make an offer to the owners for this
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 this parcel 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. 46, page 441.)
Mr. Thomas moved the adoption of the Ordinance. The motion was seconded
by Mr. Landis and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and Vice-
Mayor Butler ..................................................................... 6.
NAYS: None ............................................................ 0.
(Mayor Taylor was absent.)
SALE/PURCHASE OF PROPERTY-STATE HIGHWAYS-CITY PROPERTY: The City Attorney
submitted a written report transmitting Ordinances to implement land exchange with
the Virginia Department of Highways and Transportation in regard to parcels at
Colonial Avenue, Brandon Avenue, Gus Nicks Boulevard, and Hershberger Road.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas offered the following emergency Ordinance:
(#25556) AN ORDINANCE providing for the City's acquisition of real
property located at the intersection of Brandon and Colonial Avenues for use as a
City park; authorizing an agreement with WDBJ Television, Inc. for the construction
and maintenance of the park; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 442.)
Mr. Thomas moved the adoption of the Ordinance. The motion was seconded
by Mr. Landis and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and Vice-
Mayor Butler ................................................................... 6.
NAYS: None .......................................................... 0.
(Mayor Taylor was absent.)
Mr. Thomas moved that the following Ordinance be placed upon its first reading:
(#25557) AN ORDINANCE providing for the conveyance by the City to the
Virginia Department of Highways and Transportation of two parcels, one lying on
the north side of Hershberger Road and the other lying at the intersection of Gus
Nicks Boulevard and Eastern Avenue, N. E., for road improvement purposes.
(For full text of Ordinance, see Ordinance Book No. 46, page 449,)
The motion was seconded by Mr. Landis and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and Vice-
}~yor Butler .................................................................. 6.
NAYS: None .......................................................... 0.
(Mayor Taylor was absent.)
EROSION AND SEDIMENT CONTROL: The City Attorney submitted a written
report transmitting an Ordinance to provide for certain amendments to the City
Code necessitated by changes in State law pertaining to erosion and sediment
control and by the recent revision of the Virginia Erosion and Sediment Control
Handbook.
(For full text, see report on file in the City Clerk's Office.)
The City Attorney orally requested that the item he withdrawn in order
to allow more time for public comment; whereupon, Mr. Harvey moved that Council
concur in the request. The motion was seconded by Mrs. Bowles and adopted.
DIRECTOR OF FINANCE:
BUDGET-CITY EMPLOYEES-PERSONNEL: The Director of Finance submitted a
written report advising that the 1980-81 fiscal year budget when adopted included
an estimated $500,000 anticipated lapse of Salary and Wages, that per the City
Manager's recommendation, the lapse was increased by $142,500 on October 6, 1980,
and the total budgeted lapse is $642,500. Mr. Schlanger transmitted an Ordinance
which will reduce the various departmental Salary and Wage budgets and decrease
the budgeted lapse by the same amount, noting that certain positions that were
budgeted under the Sheriff's department actually have been paid from the Jail
department, and the Ordinance will also transfer $18,963 of salary ;apse existing
within the Sheriff's department to the Jail to cover a deficit within that department.
The total budgeted Salary and Wage lapse remaining will be as follows:
!.10
ACT ION:
ACTION:
ACTION:
(~25427) AN ORDINANCE to amend and reordain certain sections of the
1980-81 Capital Projects Fund Appropriation, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 356.)
Mr. Landis ~oved the adoption of the Ordinance. The motion was
seconded by Hr. Thomas and adopted by the following vote:
AYES: Council membera Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ................................................... 7.
NAYS: None ................................................ O.
Hr. Landis offered the following emergency Ordinance accepting the
proposal of Aaron J. Conner General Contractor, Incorporated:
(#25428) AN ORDINANCE providing for the construction of Project III
of the Cravens-Harnhart Sewage Collection System, located in the City, upon
certain terms and conditions, by accepting the lowest bid made to the City;
authorizing execution of the requisite contract; rejecting certain other bids;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 356.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor .................................................... 7.
NAYS: None ....................................................... 0.
BUDGET-SEWERS AND STORM DRAINS: Councilman Landis, Chairman of the
committee appointed by the Mayor to study bids received for construction of the
Glade Creek Sanitary Sewer Interceptor, submitted a written report recommending
that the proposal of Prillaman & Pace, Incorporated, in the amount of $1,041,600.5.
be accepted, establishment of a five per cent contingency in the amount of
$52,080.00, appropriate $386,196.36 to Account No. A03511091101 as receivables
from Roanoke County, appropriate $386,196.36 to Account No. A03511091101 as
receivables from Botetourt County and transfer $48,963.20 from the Tinker Creek
Sanitary Sewer Parallel Account to the New Glade Creek Interceptor Account.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#25429) AN ORDINANCE to amend and reordain certain sections of the
1980-81 Sewage Treatment Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 357.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ...................................................... 7.
NAYS: None ........................................................ O.
Mr. Landis offered the following emergency Ordinance accepting the
proposal of Prillaman & Pace, Incorporated:
(#25430) AN ORDINANCE providing for the construction of tile Glade
Creek Sanitary Sewer Interceptor, located in the City, upon certain terms and
conditions, by accepting the lowest bid made to the City; authorizing execution
of the requisite contract; rejecting certain other bids; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 358.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ..................................................... 7.
NAYS: None ....................................................... 0.
BUDGET-SEWERS AND STORM DRAINS: Councilman Landis, Chairman of the
committee appointed by the Vice-Mayor to study bids received for construction
of the Ore Branch Upper Sewer Project, submitted a written report reco~mending
that the proposal of E. C. Pace and Company, Incorporated, in the amount of
$389,811.10, be accepted, that a five per cent contingency for the project in
the amount of $19,490.00 be established, and that the Director of Finance be
authorized to establish a new account in the name of Ore Branch Interceptor -
Upper Segment and transfer $409,301.10 from the New Ore Branch Interceptor
account to the newly established Ore Branch Interceptor-Upper Segment account.
(For full text, see report on file in the City Clerk's Office.)
The City Manager submitted a written report concurring in the report
of the Bid Committee.
(For full text, see report on file in the City Clerk's Office.)
111
ACTION:
ACTION:
ACTION:
ACTION:
Mr. Landis offered the following emergency Ordinance:
(~25431) AN ORDINANCE to amend and reordein certain sections of the
1980-81 Sewage Treatment Fund Appropriation OrdJn--ce, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 358.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Lamdis,
Thomas and Mayor Taylor .................................................... 7.
NAYS: None ..................................................... 0.
Mr. Landis offered the following emergency Ordinance accepting the
proposal of E. C. Pace and Company, Incorporated:
(t25432) AN ORDINANCE providing for the construction of the upper
segment of the Ore Branch Sanitary Sewer Project, located in the City, upon
certain terms and conditions, by accepting the lowest bid made to the City;
authorizing execution of the requisite contract; rejecting certain other bids;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 359.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ...................................................... 7.
NAYS: None ......................................................... O.~
BUDGET-SEWERS AND STORM DRAINS: Councilman Landis, Chairman of the
committee appointed by the Vice-Mayor to study bids received for construction
of the lower segment of the Ore Branch Sanitary Sewer Project, submitted a
written report recommending that the proposal of F. L. Showalter, Incorporated,
in the amount of $578,038.00, be accepted, establishment of a five per cent
contingency in the amount of $28,901.00, authorization for the Director of
Finance to establish a new account in the name of Ore Branch Interceptor -
Lower Segment and transfer $112,735.68 from the New Ore Branch Interceptor
Account to the newly established Ore Branch Interceptor - Lower Segment, appropri.
ation of $472,805.48 to the newly established Ore Branch Interceptor - Lower
Segment account as receivables from Roanoke County, and transfer $21,397.84
from the Tinker Creek Parallel Account to the newly established Ore Branch
Interceptor - Lower Segment account.
(For full text, see report on file in the City Clerk's Office.)
The City Manager submitted a written report concurring in the report
of the Bid Co~nittee.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#25433) AN ORDINANCE to amend and reordain certain sections of the
1980-81 Sewage Treatment Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 359.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor .................................................... 7.
NAYS: None ...................................................... O.
Mr. Landis offered the following emergency Ordinance accepting the
proposal of F. L. Showalter, Incorporated:
(#25434) AN ORDINANCE providing for the construction of the lower
segment of the Ore Branch Sanitary Sewer Project, located in the City, upon
certain terms and conditions, by accepting the lowest bid made to the City;
authorizing execution of the requisite contract; rejecting certain other bids;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 360.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ....................................................... 7.
NAYS: None ...................................................... O.
.'1.12
ACTION:
ACTION:
ACTION:
ACTION:
BUDGET-SEWERS A~D STORHDRAINS: Council~mn Landis, Chatr-~- of the
committee appointed by the Vice-Mayor to study bids received for construction
of the Tinker Creek Sanitary Sewer Interceptor, submitted a written report
recommending that the proposal of Aaron J. Conner General Contractor, Incorporated
in the amount of $1,252,265.44, be accepted, establishment of a five per cent
contingency for the project in the -~unt of $62,613.00, appropriation of
$279,678.92 to a certain account as receivables from Roanoke County, appropria-
tion of $313,188.83 to a certain account as receivables from Botetourt County,
and that sufficient funds exist in the Tinker Creek Sanitary Sewer Parallel
Account for the City's share of $722,010.69.
(For full text, see report on file in the City Clerk's Office.)
The City Manager submitted a written report concurring in the report
of the Bid Committee.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#25435) AN ORDINANCE to amend and reordain certain sections of the
1980-81 Sewage Treatment Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 360.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ......................................................... 7.
NAYS: None ........................................................... 0.
Mr. Landis offered the following emergency Ordinance accepting the
proposal of Aaron J. Conner General Contractor, Incorporated:
(#25436) AN ORDINANCE providing for the construction of the Tinker
Creek Sanitary Sewer Interceptor, located in the City, upon certain terms and
conditions, by accepting the lowest bid mede to the City; authorizing execution
of the requisite contract; rejecting certain other bids; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 361.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor .................................................... 7.
NAYS: None ..................................................... O.
SEWERS AND STORM DRAINS: Councilman Landis, Chairman of the committee
appointed by the Vice-Mayor to study bids received for the various sewer and
storm drain projects, submitted a s,,mmmry report in regard to the above Bid
Committee reports, advising that the summmry is for Council's information and
no action is required.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis moved that the report be received and filed. The motion
was seconded by Mr. Garland and unanimously adopted.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
STREETS AND ALLEYS: Ordinance No. 25395 vacating, discontinuing and
closing an alley extending from the northerly side of Centre Avenue to the
southerly side of Loudon Avenue, lying i~m~ediately west of and running parallel
with 21st Street, and marked "A" to "A" on the map appended as Annex 1; and an
alley extending from the westerly side of 21st Street to the aforedescribed
alley, lying immediately north of and running parallel with Centre Avenue, and
marked "B" to "B" on the map appended as Annex 1, having previously been before
the Council for its first reading on Monday, December 8, 1980, read and adopted
on its first reading and laid over, was again before the body, Mr. Garland
offering the following for its second reading and final adoption:
(#25395) AN ORDINANCE permanently vacating, discontinuing and closing
two alleys, in the City of Roanoke, Virginia, which are described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 46, page 348.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ...................................................... 7.
NAYS: None ......................................................... 0.
113
ACTION:
ACTION:
ACTION:
ACTION:
ROANOKE M~40RIAL HOSPITALS: Ordinance No. 25408 authorizing the
rental of four square feet of floor space in the transmitter building atop Mill
Mountain to Roanoke Memorial Hospitals, Incorporated, for placement and operation
of a paging-base station and space on the tower adjacent to said building for
their antenna to be connected by coaxial cable to the radio equipment in said
building, having previously been before the Council for its first reading on
Monday, December 8, 1980, read and adopted on its first reading and laid over,
was again before the body, Mr. Thomas offering the following for its second
reading and final adoption:
(#25408) AN ORDINANCE authorizing the rental of four (4) square feet
of floor space in the transmitter building atop Mill Mountain to Roanoke Memerial
Hospitals, Inc., for use, upon certain terms and conditions.
(For full text of Ordinance, see Ordimance Book No. 46, page 349.)
Mr. Thomas moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor .................................................... 7.
NAYS: None ................................................... 0.
AIRPORT: Council at its Financial and Planning Session on Monday,
December 15, 1980, having concurred in recommendations of the City Manager in
connection with execution of certain license agreements with the Federal Aviatio~
Administration relating to lighting and directional aids at Roanoke Municipal
Airport, Woodrum Field, and having instructed the City Attorney to prepare the
proper measure, he presented same; whereupon, Mr. Harvey moved that the following
Ordinance be placed upon its first reading:
(#25437) AN ORDINANCE authorizing the appropriate City officials to
execute certain agreements with the United States of America with respect to
lighting and directional aids for Roanoke Municipal Airport, Woodrum Field.
The motion was seconded by Dr. Butler and adopted by the following
vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor .................................................... 7.
NAYS: None ..................................................... O.
Mrs. Bowles moved that the current and proposed height restriction
zoning maps be referred to the City Planning Commission as a requested zoning
matter to change the approach slope to an instrument rumway rather than a non-
instrument runway. The motion was seconded by Mr. Garland and unanimously
adopted.
BUDGET-SCHOOLS: Council at its Financial and Planning Session on
Monday, December 15, 1980, having instructed the Director of Finance to prepare
the necessary budget Ordinance appropriating $16,641.00 to CETA Title II-D
Public Service Employees, $16,664.00 to CETA Title IV, Youth Employment Train-
ing Program, $6,905.00 to CETA Title VI, Community Education, and $325.00 to
the 1979-80CETA Title I, Licensed Practical Nursing Program at William Fleming
High School, he presented same; whereupon, Mr. Thomas offered the following
emergency Ordinance:
(#25438), AN ORDINANCE to amend and reordain certain sections of the
1980-81 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 361.)
Mr. Thomas moved the adoption of the Ordinance. The motion was
seconded by Mr. Landis and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Landis, Thomas and
Mayor Taylor ................................... 6.
NAYS: None .................................................. 0.
(Mr. Harvey was out of the Council Chamber.)
BUDGET: Council at its Financial and Planning Session on Monday,
December 15, 1980, having concurred in a report of the City Manager in regard
to the appropriation of the undesignated fund balance and instructed the Direc-
tor of Finance to prepare the appropriate budget Ordinance, he presented same;
whereupon, Mr. Landis offered the following emergency Ordinance:
(#25439) AN ORDINANCE to amend and reordain certain sections of the
1980-81 General Fund and Civic Center Fund Appropriation Ordinances and Capital
Projects Fund and Grant Programs Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 362.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Mr. Thomas and adopted by the following vote:
ACTION:
ACTION:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ................................................ 7.
NAYS: None ................................................ O,
MOTIONS A~DNISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COM~TS BY THE MAYOR AND MEMBERS OF COUNCIL: NONE.
OTHER HEARINGS OF CITIZENS:
HOUSING: Mr. W. Heywood Fralin, Attormey, appeared before Council
and advised that by Resolution No. 24957 adopted January 7, 1980, Council
stated that it had no objection to the construction in the City of Roanoke of a
project to be known as South Roanoke Village Apartments, Phase II, as more
particularly described in a report to the Council from the City Manager under
date of January 7, 1980, noting that the January 7 report has not been changed
with respect to any construction, rental schedules, or subsidies, and as previous-
ly represented to Council, this will not be a subsidized project. Mr. Fralin
advised that the only change from the previous report is the construction
lender was scheduled to be Virginia Housing Development Authority and now the
construction financing is to be provided by bonds of the City of Roanoke Redevelop.
ment and Housing Authority. He noted that in order for the Housing Authority
to issue bonds, Council must specifically approve the project. He stated that
it is also a requirement in order for the Housing Authority to issue bonds,
that preference be given to low income applicants. He added that preference
has been defined to mean that in the event two applicants apply for the rental
of a unit, and only one unit is available, the low income applicant will be
given preference. Mr. Fralin emphasized that this does not involve a subsidy
to the applicant and all units will be rented at rates previously submitted.
Mr. D. E. Layman, Attorney, representing the City of Roanoke Redevelop-
ment and Housing Authority, and Mr. Fralin answered questions raised by the
members of Council.
Since there were numerous questions in regard to the request and inas-
much as Council was scheduled to meet with the City's representatives to the Gener.
Assembly at 4:00 p.m., the Mayor requested that the City Attorney, Mr. Fralin,
and Mr. Layman confer on the appropriate wording for a proposed Resolution to be
considered by Council and that consideration of the matter be continued following
the meeting with the legislators.
COUNCIL: The City Manager orally requested that Council meet in
Executive Session to discuss a legal matter; whereupon, Mr. Garland moved that
Council concur in the request. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ..................................................... 7.
NAYS: None ...................................................... 0.
At 4:00 p.m., the Mayor declared the meeting recessed in order that
Council could meet with the City's representatives to the General Assembly to
discuss the City's 1981 Legislative Program and other matters of concern.
At 6:10 p.m., the meeting reconvened in the Council Chamber with
Mayor Taylor presiding and all members of the Council present.
In regard to the above request of Mr. Fralin pertaining to construc-
tion financing of South Roanoke Village Apartments, Phase II, the City Attorney
advised that an agreement had been reached with Mr. Fralin and Mr. Layman relative
to the wording of a proposed Resolution, recommending that the Resolution be
amended by the addition of the following words at the and of the fourth and
final paragraph: "provided that no rent subsidy from any governmental unit
shall be made available to any tenant to occupy such project except in the
case of elderly and handicapped persons". Mr. Dibling emphasized that the amend-
ment has the concurrence of the City Manager.
Mr. Harvey moved that the Resolution be amended as above set forth by
the City Attorney. The motion was seconded by Mr. Garland and unanimously
adopted.
Mr. Harvey offered the following Resolution as amended:
(#25440) A RESOLUTION authorizing the City Manager to notify the
City of Roanoke Redevelopment and Housing Authority that the City Council
approves construction of South Roanoke Village Apartments, Phase
(For full text of Resolution, see Resolution Book No. 46, page 363.)
Mr. Harvey moved the adoption of the Resolution as amended. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor .................................................... 7.
NAYS: None ........................................................ 0.
GRANTS-TRANSPORTATION C~ItTER: The Assistant City Hanager orally
advised that the City of Roanoke previously made applications for an Urban
Mass Transportation Administration grant and an Economic Development Administra-
tion grant for the transportation center and Council authorized obtaining
options for the purchase of the necessary real estate on which the transporta-
tion center will be located. He noted that on Saturday, December 20, the City
received notification from UHTA that a Letter of Credit had been deposited in
the City's favor. He said that after reviewing the options, it has been dis-
covered that some of them will expire on or before January 1, 1981, and Council
has not appropriated the funds which would allow the Administration to proceed
with the purchase. Inasmuch as Council will not meet again until January 5, he
requested that the Director of Finance be authorized to disperse such funds as
may be necessary for the exercise of said options.
ACTION:
Mr. Thomas moved that the City Manager be authorized to exercise the
options of the subject real estate, that the Director of Finance be authorized
to disperse such sums as may be required for exercise of the options and that
the matter be referred to the City Attorney for preparation of the proper
measure. The motion was seconded by Hr. Garland and unanimously adopted.
ACTION:
YOUTH SERVICES CITIZEN BOARD: There being a vacancy on the Youth
Services Citizen Board created by the resignation of Mrs. Anita Tanner for a
term ending Hay 31, 1981, the Mayor assigned the vacancy to Mr. Garland.
ZONING: The Mayor called to the attention of Council that the three
year terms of Messrs. Sydnor W. Brizendine, Jr., L. Elwood Norris, John W.
Chappelear, Jr., H. Miles Smythers and Talmage E. Roberts as members of the
Board of Zoning Appeals will expire on December 31, 1980, that Mr. Chappelear
has declined to serve another term, and called for nominations to fill the
vacancies.
Dr. Butler placed in nomination the names of Messrs. Sydnor W.
Brizendine, Jr., L. Elwood Norris, H. Miles Smythers and Talmage E. Roberts.
There being no further nominations, Messrs. Brizendine, Norris,
Smythers and Roberts were reelected as members of the Board of Zoning Appeals
for terms of three years each ending December 31, 1983, by the following vote:
ACTION:
FOR MESSRS. BRIZENDINE, NORRIS, SMYTHERS AND ROBERTS: Council members
Bowles, Butler, Garland, Harvey, Landis, Thomas and Mayor Taylor .............. 7.
The Mayor assigned the vacancy created by Mr. Chappelear's resignation
to Co~nci]m~n Thomas.
PLANNING: The Mayor called to the attention of Council that the four
year terms of Messrs. Michael M. Waldvogel, John P. Bradshaw, Jr., Henry B.
Boynton and William A. Sowers as members of the City Planning Commission will
expire on December 31, 1980, and called for nominations to fill the vacancies.
Hr. Landis placed in nomination the names of Messrs. Michael M.
Waldvogel, John P. Bradshaw, Jr., Henry B. Boynton and William A. Sowers.
There being no further nominations, Messrs. Waldvogel, Bradshaw,
Boynton and Sowers were reelected as members of the City Planning Commission
for terms of four years each ending December 31, 1984, by the following vote:
ACTION:
FOR MESSRS. WALDVOGEL, BRADSHAW, BOYNTON AND SOWERS: Council members
Bowles, Butler, Garland, Harvey, Landis, Thomas and Mayor Taylor ............. 7.
ACTION:
HEALTH DEPARTMENT: Effective January 1, 1981, there will be two
vacancies on the Mental Health Services Board inasmuch as the State Code provides
that no member may serve more than two successive three year terms, the Mayor
requested that Dr. Butler find a replacement for Mr. James A. Ford and that
Mrs. Bowles find a replacement for Mr. Francis Persinger on said Board.
ROANOKE NEIGHBORHOOD PARTNERSHIP STEERING COMMITTEE: Council having
previously appointed a Steering Committee of the Roanoke Neighborhood Partner-
ship composed of 23 members, the Mayor opened the floor for nominations for
an additional member to the Steering Committee; whereupon, Mr. Garland placed
in nomination the name of Dr. Gene E. Clapsaddle.
There being no further nominations, Dr. Clapsaddle was elected as a
member of the Steering Committee of the Roanoke Neighborhood Partnership for a
term co~encing December 22, 1980, and ending at any time after the duties
and responsibilities of the Steering Committee have been fulfilled, by the
following vote:
ACTION:
FOR DR. CLAPSADDLE: Council members Bowles, Butler, Garland, Harvey,
Landis, Thomas and Mayor Taylor ......................................... 7.
ACTION:
Mr. Garland moved that the City residency requirement be waived in
the case of Dr. Clapsaddle. The motion was seconded by Mr. Thomas and unani-
mously adopted.
There being no further business, the Mayor declared the meeting
adjourned at 6:20 p.m.
APPROVED
ATTEST:
City Clerk
Mayor
1'15
116
RIgGULARNEEKL¥ SESSION ..... ROANOKE CITY CO~ClL
January 5, 1981
2:00 pom,
The Council of the City of Roanoke met tn regular meeting in the Council Chamber
the Municipal Building, 215 Church Avenue, S. W., on Monday, January 5, 1981, at 2:00
p.m., the regular meeting hour, with Mayor Noel C. Taylor presiding.
PRESENT: Council members Elizabeth T. Bowles (arrived at 2:05 p.m.), Wendell H.
Butler, Robert A. Garland (arrived at 2:10 p.m.), James G. Harvey, II, Charles L. Landis,
Hampton W. Thomas (arrived at 2:05 p.m.), and Mayor Noel C. Taylor .................... 7.
ABSENT: None ............................................................... 0.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. Sam H. McGhee, III, Assistan
City Manager; Mr. Wilburn C. Dibling, Jr., City Attorney; Mr. William X Parsons, Assistant
City Attorney; Mr. Joel M. $chlanger, Director of Finance; and Mrs. Mary F. Parker, City
Clerk.
The invocation was delivered by the Reverend Keith Roberts, Pastor, Jefferson
Street Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America was led by
Mayor Taylor.
CONSENT AGENDA
ACTION:
ACTION:
ACTION:
ACTION:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the City Council and would be enacted by one
motion in the forms listed on the agenda, and if discussion was desired, that
item would be removed from the Consent Agenda and considered separately. He
noted that included on the Consent Agenda were two requests for Executive Sessions
to discuss personnel matters.
MINUTES: Minutes of the special meeting of Council held on Thursday,
December 11, 1980, and the regular meeting held on Monday, December 22, 1980,
were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Landis moved that the reading of the minutes be dispensed with and
that they be approved as recorded. The motion was seconded by Dr. Butler and
adopted by the following vote:
AYES: Council members Butler, Harvey, Landis and Mayor Taylor ........ 4.
NAYS: None ........................................................... 0.
(Council members Bowles, Garland, and Thomas had not arrived.)
COUNCIL: A communication from the Mayor requesting an Executive
Session to discuss personnel matters, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Landis moved that Council concur in the request. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Butler, Harvey, Landis and Mayor Taylor .......
NAYS: None .......................................................... 0.
(Council members Bowles, Garland, and Thomas had not arrived.)
COUNCIL: A communication from Councilwoman Bowies requesting an
Executive Session to discuss a personnel matter, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Landis moved that Council concur in the request. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Butler, Harvey, Landis and Mayor Taylor ...... 4.
NAYS: None ........................................................ 0.
(Council members Bowles, Garland, and Thomas had not arrived.)
SCHOOLS: A report of the Director of Finance transmitting financial
statements for the School Board for the five months ended November 30, 1980, was
before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis moved that the report be received and filed. The motion
was seconded by Dr. Butler and adopted by the following vote:
ACT ION:
ACTION:
ACT ION:
AYES: Council members Butler, Harvey, Landis, and Mayor
Taylor ................................................................... 4.
NAYS: None ....................................................... O.
(Council members Bowles, Garland and Thomas had not arrived.)
PENDING ITEMS: A list of items pending from February 7, 1977, through
December 22, 1980, was before Council.
(For full text, see list on file in the City Clerk's Office.)
Hr. Landis moved that the list be received and filed. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Butler, Harvey, Landis and Mayor Taylor ..... 4.
NAYS: None ........................................................ 0.
(Council members Bowles, Garland, and Thomas had not arrived.)
ZONING: The qualification of Hr. John M. Thompson as a member of the
Architectural Review Board for a term of four years ending October 1, 1984, was
before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Landis moved that the qualification be received and filed. The motie
was seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Butler, Harvey, Landis and Mayor Taylor ...... 4.
NAYS: None ......................................................... 0.
(Council members Bowles, Garland, and Thomas had not arrived.)
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AiID COMMUNICATIONS:
BUDGET-SEWERS AND STORM DRAINS: Council at its meeting on Monday, Decex
22, 1980, having directed the City Attorney to prepare the proper measure authorizl
lng an increase in the sewage treatment rates of 71% for all Class I and Class
II users and a 25% increase in bulk rates charged to Roanoke County, the City of
Salem and the Town of Vinton, effective following the passage of necessary measure
to be prepared by the City Attorney, a communication from Mr. Frederick O.
Campbell, Vice President, Southeast Neighborhood Alliance, requesting that
action to correct the sludge problem be delayed until January 12, 1981, or
until certain questions can be answered, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
At this point, (2:10 p.m.), Mr. Garland entered the meeting.
The City Manager advised that copy of the report and solutions to
the sludge problem was sent to Mr. Campbell and the residents who signed the
co~unication on Friday, January 2.
Mr. Thomas moved that the following Ordinance providing for a 71%
increase for Class I and Class II sanitary sewer users and a 25% increase for
certain bulk sewer customers pursuant to contract, be placed upon its first
reading:
(#25441) AN ORDINANCE establishing new charges for Class I and Class
II sanitary sewer users and for certain bulk sewer customers pursuant to contract
and providing for an effective date for such user charge increases.
(For full text of Ordinance, see Ordinance Book No. 46, page 372.)
The motion was seconded by Mrs. Bowles.
The Director of Finance presented additional information explaining
the sewage treatment rate increase.
(For full text, see additional information on file in the City Clerk's Office.)
Mr. Harvey expressed concern in regard to a 71% increase, noting that
he has problems with adding the second and third years inflation figures into
the increase, advising that senior citizens, and particularly those on fixed
incomes, should be able to receive whatever yearly increases they get for cost
of living in the years 1982 and 1983. He called attention to an alternate
rate increase proposal which leaves out the annual capital replacement cost of
$250,000. Mr. Harvey proposed that the second and third years inflation figures
and the annual replacement cost of $250,000 be deleted from the 71% increase.
sr
117
J_18
ACTION:
(For full text, see alternate proposal presented by Mr. Harvey on file in
the City Clerk's Office.)
Mr. Harvey then offered a substitute motion proposing a 47% rate
increase versus a 71% rate increase. The motion was seconded by Dr. Butler.
Mr. Garland requested that the Director of Finance react to the
substitute motion; whereupon, Mr. Schlanger advised that insofar as setting the
rates, it is strictly a policy decision for the Council, chat the Administration
gave recommendations Co the Water Resources Comtttee regarding the rates and
the Committee saw fit to pass the matter onto the Council, noting that the
Administration has analyzed the rates and came forth with its best reco~mendaCion
on how to keep the Sewer Fund an active fund. He said it is an enterprise fund
which ia supposed to be self-supporting and is supposed to be paid for by those
who use the service. He stated that what has been provided is the analysis that
it will take a 71% increase effective February l, 1981, to make this enterprise
fund a going concern. In analyzing the matter, he said he would consider the
71% to be basically a bare bones 71% because it provides only for the items
that have to be done, other than the first, second and third year inflation.
Mr. Schlanger further advised that the 711 will pay for strictly what
is on the list of items submitted to Council and additional funds are not included
in the 71% to keep the structure in a sound operating position.
ACTION:
ACT ION:
Mr. Bruce Bloodworth, President of the League of Older Amerlcane,
appeared before Council and expressed concurrence with Mr. Harvey's proposal,
even though a 47% increase would be too much, advising of increased real estate
tax assessments and the increase in sewer tax only compounds the problem. He
said that retired people are limited as to what they can pay because they are no
longer in the labor market, stating that there has to be a limit as to what the
elderly can continue to pay.
The City Manager advised that the Sewer Fund has not been supporting
itself over the past several years and owes the General Fund $600,000. He said
that the 71% does not include revenues that will be needed to pay to some extent
for capital improvements in the future. He stated that the Administration could
have recommended another 25 - 50% to the 71% increase but it was felt that the
most reasonable, lowest cost, prudent recommendation is the 71% increase.
Following considerable discussion of the matter, the substitute
motion was defeated by the following vote:
AYES: Council members Butler and Harvey .............................. 2
NAYS: Council members Bowles, Garland, Landis, Thomas and Mayor
Taylor ........................................................................... 5
The original motion was then adopted by the following vote:
AYES: Council members Bowles, Garland, Landis, Thomas and Mayor
Taylor ........................................................................... 5
NAYS: Council members Butler and Harvey ............................... 2
In this connection, the City Manager submitted a written report
recommending that he be authorized to enter into a contract with Dewberry,
Nealon & Davis for the development of plans and specifications for a dewatering
facility and auxiliary equipment for the Water Pollution Control Plant, at a
cost not to exceed $100,000, with a ten per cent contingency of $10,000.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas offered the following emergency Ordinance appropriating
$110,000.00 to Sludge Dewatering Facility, of the 1980-81 Sewage Treatment Fund
Appropriation Ordinance:
(#25442) AN ORDINANCE to amend and reordain certain sections of the
1980-81 Sewage Treatment Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 366.)
Mr. Thomas moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ....................................................... 7.
NAYS: None ......................................................... 0.
Mrs. Bowles offered the following emergency Ordinance accepting
the proposal of Dewberry, Nealon & Davis:
119
ACTION:
ACTION:
ACTION:
ACTION:
(~25443) AN ORDINANCE accepting a certain proposal and awarding a
contract to Dewberry, Nealon & Davis providing for the development of plans and
specifications for a dewatering facility and auxiliary equipment for the Water
Pollution Control Plant, upon certain terms and conditions, and authorizing the
proper City officials to execute the requisite contract therefor; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 366.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ........................................................ 7.
NAYS: None .......................................................... 0.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
GRANTS-CENTURY PROJECT: The City Manager submitted a written report
recommending that a public hearing on a proposed Urban Development Action Grant
application in conjunction with the developers of the Downtown Hotel, the
Market Building and Fire Station #1 be set for January 26, 1981.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that Council concur in the recommendation and that
a public hearing be held on Monday, January 26, 1981, at 2:00 p.m., or as soon
thereafter as the matter may be heard. The motion was seconded by Mr. Harvey
and unanimously adopted.
GRANTS-PLANNING: The City Manager submitted a written report requesting
that a public hearing to receive citizen comment on the City's fiscal year
1981-82 Community Development Block Grant program application and Housing
Assistance Plan be set for Monday, February 9, 1981.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the recommendation and that
a public hearing be held on }~nday, February 9, 1981, at 7:30 p.m., or as soon
thereafter as the matter may be heard. The motion was seconded by Mr. Garland
and adopted.
ITEMS RECOMMENDED FOR ACTION:
CITY PROPERTY-CULTURAL CENTER: The City Manager submitted a written
report recommending that he be authorized to retain the services of Allri§ht
J & S Parking Company, Incorporated, for the management of the National Theater
Corporation and Nelson Limited Partnership Parking lots on a month to month
basis, upon payment to the City of $5,000.00 per month, $60,000.00 per year,
in a form to be approved by the City Attorney.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#25444) AN ORDINANCE authorizing the City Manager to retain the
services of Allright J & S Parking Co., Inc., to manage certain parking lots
owned by the City, subject to certain terms and conditions; and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 367.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Landis and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
and Mayor Taylor ................................................................ 6.
NAYS: None ........................................................... 0.
(Mr. Thomas was out of the Council Chamber.)
BUDGET-GRANTS-CETA: The City Manager submitted a written report
advising that CETA Educator Coordinator grant in the amount of $20,786.00 has
been awarded to the Fifth District Employment and Training Consortium by the
Governor's Employment and Training Council, recommending that $20,786.00 be
appropriated in order that linkages will be strengthened between CETA and
Educational agencies within the Fifth Planning District by the hiring of the
Educational Link Coordinator.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance appropriating
$20,786.00 to Educational Link Coordinator under the 1980-81 Fifth District
Consortium Fund Appropriations:
.1.20
ACTION:
ACTION:
ACTION:
(~25445) AN ORDINANCE to amend and reordain certain sections of the
1980-81 Fifth District Consortium Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 367.)
Fr. Landis moved the adoption of the Ordinance. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ...................................................... 7.
NAYS: None ........................................................ 0.
BUDGET-GRANTS-CETA: The City Manager submitted a written report
recommending that $540,528.62 be appropriated to certain specified CETA accounts
in order to reflect new obligation authority and adjustments included in revised
Notice of Fund Availability sheets received from the Department of Labor.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#25446) AN ORDINANCE to amend and reordain certain sections of the
1980-81 Fifth District Consortium Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 368.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ..................................................... 7.
NAYS: None ......................................................... O.
BUDGET-WATER DEPARTMENT: The City Manager submitted a written report
recommending the employment of Alvord, Burdick & Howson for $16,000.00 in regard
to the second group of additional information for development of Back Creek as
requested by Roanoke County, that funds be appropriated therefor, and that the
Administration be authorized to advise Roanoke County if any further information
is required, it will be the full responsibility of the County for funding and
obtaining the information.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance appropriating
$16,000.00 to Back Creek Water Supply of the 1980-81 Water Fund Appropriation
Ordinance:
(#25447) AN ORDINANCE to amend and reordain certain sections of the
1980-81 Water Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 369.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor .................................................... 7.
NAYS: None ...................................................... O.
Mr. Landis offered the following emergency Ordinance authorizing a
written contract with Alvord, Burdick and Howson:
(#25448) AN ORDINANCE authorizing the appropriate City officials to
execute a contract with Alvord, Burdick & Howson to provide certain professional
engineering services relating to the Back Creek Water Supply Development; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 369.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ...................................................... 7.
NAYS: None ....................................................... 0.
BUDGET-PUBLIC ASSISTANCE: The City Manager submitted a written
report recommending appropriations totaling $54,496.94 to the Title XX Services
budget in order to provide certain services determined to be essential for
citizens of the City as follows:
$3,406.87 to Protective Services to Adults; $3,864.18 to Developmental Day
Program for Adults; $33,316.69 to Employment; $3,688.51 to Services to Specified
Disabled Individuals, $10,220.69 to Fmmily and Personal Adjustment Counselling.
(For full text, see report on file in the City Clerk's Office.)
121
ACTION
ACTION:
ACTION:
Dr. Butler offered the following emersency Ordinance:
(#25449) AN ORDINANCE to amend and teordain certain sections of the
1980-81 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 370.)
Dr. Butler moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, flarvey, Landis,
Thomas and Mayor Taylor ...................................................... 7,
NAYS: None ........................................................ O.
CITY ATTORNEY:
ANNEXATION-SEWERS AND STORM DRAINS: The City Attorney submitted a
written report transmitting a Resolution authorizing dismissal of certain
sewer-related litigation between the City of Roanoke and the County of Roanoke
in the matter of Roanoke County Public Service Authority v. City of Roanoke and
Le Chateau of Franklin Road, Inc., v. Roanoke County Public Service Authority,
et al., whereby both the City and the Public Service Authority contended that
they had the right to provide service to new sewer customers in the area annexed
to the City effective January 1, 1976, and the Circuit Court of the City of
Roanoke authorized the Roanoke County Public Service Authority to provide such
service during the pendency of this litigation and further provided for an
escrow account into which the Authority would pay all connection and inspection
fees and service or capacity charges. Mr. Dibling noted that by contract dated
August 13, 1979, the City of Roanoke, Roanoke County and the Roanoke County
Public Service Authority agreed that the City had the right to provide sewer
service to new customers in the annexed area of the City on and after January
1, 1976, and that the City was entitled to receive the funds in the escrow
account, provided that the City would give the County a credit for the amount
paid by the PSA for the treatment of sewage discharged by new customers for
which such escrow account was established, and the County, Mr. Schlanger and
Mr. Kiser have agreed that the amount of the credit due to the County is $16,994.4
In further explanation, Mr. Dibling advised that the contract between the City,
County and PSA required that the County and/or PSA furnish the City with certain
information and data and the County has now substantially complied with these
requirements and reco~ending that Council authorize him to seek dismissal of
the litigation with disbursement of the escrow account to the City. Mr. Dibling
further reco~ended that the Director of Finance be authorized to reimburse to
persons who became new sewer customers in the annexed area between January 1,
1976 amd August 13, 1979, the difference between connection and inspection fees
and capacity charges levied by the PSA and paid into the escrow account and the
applicable connection and inspection fees and capacity charges which would have
been applicable had the new customer been connected as a City sewer customer
initially and that each such person be reimbursed the proportionate amount of
interest earned by the escrow account on the amount to be reimbursed to him by
the City.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following Resolution:
(#25450) A RESOLUTION authorizing the dismissal of a certain matter
of pending litigation and providing for the disbursement of an escrow account
established in connection with such litigation.
(For full text of Resolution, see Resolution Book No. 46, page 370.)
Mr. Landis moved the adoption of the Resolution.
seconded by Mrs. Bowles and adopted by the following vote:
The motion was
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ...................................................... 7.
NAYS: None ....................................................... O.
REPORTS OF COMMITTEES:
SALE OF PROPERTY: Councilman Thomas, Chairman of the Water Resources
Committee, submitted a written report recommending that a 1.07 acre tract of
city-owned land on the southwest corner of Courtland Road and Liberty Road, N.W.,
Official Tax No. 2060757, be sold to Mr. David M. Hartman for the sum of
$10,000.00, with all transfer of title costs to be paid by Mr. Hartman.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas moved that the following Ordinance be placed upon its
first reading:
(#25451) AN ORDINANCE authorizing the sale and conveyance of certain
real estate owned by the City and located on the southwest corner of Courtland
and Liberty Roads, N. W., Roanoke, Virginia, designated as Official Tax Ne.
2060757, upon certain terms and conditions.
The motion was seconded by Mrs. Bowles and adopted by the following
vote:
122
ACTION:
ACTION:
ACTION:
AYES: Council ~mbers B~wles, Butler, Garland, Harvey, Landis,
Thomas amd Mayor Taylor ..................................................... 7.
NAYS: None ...................................................... 0.
WATER DEPArTMeNT: Counctl~-~- Thomas, Chairm-, of the Water Hasources
Comnittee, submitted a written report reco~mendinE that Section 35-46 of the City
Code be amended to limit boat motor horsepower to not exceed the U. S. Coast
Guard recommended rating, and that Section 35-51 of the City Code be ar, euded to
limit boat speed to 25 miles per hour on Carvins Cove Reservoir.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas offered the follow/ng emergency Ordinance:
(#25452) AN ORDINANCE amending and reordaining subsection (a) of
Section 35-46, Limitation on length of boat and size of motor, and Section 35-51,
Prudent operation required; speed limits, Code of the City of Roanoke (1979),
as amended, to establish guidelines for horsepower and speed limits with respect
to boat operations on Carvins Cove; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 371.)
Mr. Thomas moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ................................................... 7.
NAYS: None ....................................................... 0.
AUDIT COMMITTEE-MUNICIPAL AUDITOR: Councilman Garland, Chairman of
the Audit Committee, presented Minutes of the meeting held on December 17,
1980, advising that reports from the Municipal Auditor on the Roanoke City
Market, Roanoke Municipal Parking Facility, Airport Fund and Capital Assets
Cycle Internal Accounting Controls were reviewed, received and filed; that a
com~,tttee composed of representatives from the City Manager's Office, Department
of Finance, Municipal Auditing, Materials Control, City Information Systems,
Budget and Systems and School Board was appointed to report back to the Committee
by April, 1981 with a plan to implement the changes recommended in the Capital
Assets Cycle Internal Accounting Controls report; and the Committee requested a
report at a future meeting on the status of utilizing electronic data processing
in local tax billing and collection.
(For full text, see Minutes on file in the City Clerk's Office.)
Mr. Garland moved that the Minutes be received and filed. The motion
was seconded by Dr. Butler and unanimously adopted.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
SCHOOLS: Ordinance No. 25414 providing for the acceptance of a
proposal of Total Action Against Poverty to lease the former Harrison School
for a neighborhood center, having previously been before the Council for its
first reading on Monday, December 22, 1980, 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:
(#25414) AN ORDINANCE providing for the acceptance of a proposal of
Total Action Against Poverty in the Roanoke Valley to lease the former Harrison
School for a neighborhood center and providing for the lease of this property
to that person, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 46, page 364.)
Mrs. Bowles moved the adoption of the Ordinance.
seconded by Mr. Thomas and adopted by the following vote:
The motion was
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor .................................................... 7.
NAYS: None ...................................................... 0.
SWIMMING POOLS: Ordinance No. 25419 clarifying certain requirements
for the operation of swimming pools in the City of Roanoke, having previously
been before the Council on Monday, December 22, 1980, for its first reading,
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:
(#25419) AN ORDINANCE emending and reordaining Section 15-28, Supervisi:
personnel, of the Code of the City of Roanoke (1979), as amended, in order to
clarify certain requirements for the operation of swJm~fug pools in the City.
(For full text of Ordinance, see Ordinance Book No. 46, page 364.)
ATTEST:
Mrs, Bowies ~oved the adoption of the Ordinance. The motion was
seconded by Hr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ..................................................... 7.
NAYS: None ......................................................... O.
AIRPORT-LEASES: Ordinance No. 25437 authorizing the appropriate City
officials to execute certain agreements with the United States of America with
respect to lighting and directional aids for Roanoke Municipal Airport,
Field, having previously been before the Council for its first reading on
Monday, December 22, 1980, 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:
(#2543?) AN ORDINANCE authorizing the appropriate City officials to
execute certain agreements with the United States of America with respect to
lighting and directional aids for Roanoke Municipal Airport, Woodrum Field.
(For full text of Ordinance, see Ordinance Book No. 46, page 365.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Landis and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor .................................................... 7.
NAYS: None ..................................................... O.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COIIW~ENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
Mr. Landis stated that earlier in the meeting, an increase was enacted in the
sewer rate and advised that he has received calls from citizens who do not under-
stand why the City would consider a 71% increase for City customers and a 25%
increase for other non-City customers; whereupon, the Director of Finance advised
that the contractual agreements with Roanoke County, the City of Salem and the
Town of Vinton provide that the localities will pay only two per cent per year
of the major capital improvements. Mr. Kiser advised that with the 71% increase,
County residential customers will still be paying more than the average City
residential customer. Mr. Thomas stated that inasmuch as the City is the
supplier, it advances capital funds and recoups some of those funds over a
period of time through the sewage treatment formula.
OTHER HEARINGS OF CITIZENS: NONE.
At 3:00 p.m., the Mayor declared the meeting recessed.
At 3:50 p.m., the meeting reconvened with Mayor Taylor presiding and
all members of Council present, with the exception of Mrs. Bowles.
There being no further business, the Mayor declared the meeting
adjourned at 3:50 p.m.
APPROVED
City Clerk
Mayor
:1;23
'1.24
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
January 12, 1981
?:30 p.m.
The Council of the City of Roanoke met in regular meetin8 in the Council
Chamber in the Hunicipal Building, 215 Church Avenue, S. W., on Monday, January 12,
1981, at 7:30 p.m., the regular meeting hour, vith Mayor Noel C. Taylor presiding.
PRESEt: Council members Elizabeth T. Bowies, Wendell H. Butler, Robert A.
Garland, James G. Harvey, II, Charles L. Landis, Hampton W. Thomas and Mayor Noel C.
Taylor .............................................................................. 7.
ABSENT: None .............................................................. O.
OFFICERS PRESENT: Mr. Sam H. HcGhee, III, Assistant City Manager; Hr. Wilburn
C. Dibling, Jr., City Attorney; Hr. James D. Crisso, Deputy Director of Finance; and
Mrs. Mary F. Parker, City Clerk.
The invocation was delivered by the Reverend Lonnie Wilson, Pastor, Garden of
Prayer Church.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Taylor.
PUBLIC HEARINGS
ACTION:
ZONING: Pursuant to Resolution No. 21414 the City Clerk set a public
hearing for Monday, January 12, 1981, at 7:30 p.m., or as soon thereafter as
the matter could be heard, on the request of Edward H. Saleeba and Lucy Saleeba,
and D. L. Mountcastle and Mildred Mountcastle, that property located at 1022
and 1024 Tazewell Avenue, S. E., described as the easterly 40.86 feet of Lot 6
and all of Lot 5, Block 15, Maps of Roanoke Land and Improvement and Tayloe,
Official Tax Nos. 4111328 and 4111329, be rezoned from RG-1, General Residential
District, to LM, Light Manufacturing District, subject to certain conditions
proffered by the petitioners, the matter was before the body.
The City Planning Commission submitted a w~itten report recommendiz~g
that the revised request be approved.
(For full text, see report on file in the City Clerk's Office.)
Mr. John L. Apostolou, Attorney, representing the petitioners, appeared
before Council in support of the request of his clients.
No one appearing in opposition to the request, Dr. Butler moved that
the following Ordinance be placed upon its first reading:
(#25453) AN ORDINANCE to amend Sections 36-3 and 36-4, Code of the
City of Roanoke (1979), as amended, and Sheet No. 411, Sectional 1976 Zone Map,
City of Roanoke, in relation to Zoning, subject to certain conditions.
(For full text of Ordinance, see Ordinance Book No. 46, page 377.)
The motion was seconded by Mr. Garland and adopted by the following
vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ...................................................... 7.
NAYS: None ........................................................ O.
ZONING: Pursuant to Resolution No. 21414 the City Clerk set a public
hearing for Monday, January 12, 1981, at 7:30 p.m., or as soon thereafter as
the matter could be heard, on the request of AREA Corporation that a tract of
land on the southerly side of Cove Road east of Peters Creek Road containing
2.47 acres, designated as Official Tax No. 6370108, be rezoned from RG-1,
General Residential District, and that adjacent tracts containing 2.37 acres
and 2.31 acres, respectively, designated as Official Tax Nos. 6370109 and
6370110, be rezoned from RS-3, Single Family Residential District, to C-2,
General Commercial District, subject to certain conditions proffered by the
petitioner, the matter was before the body.
The City Planning Co~ission submitted a written report recommending
that Council approve the request provided a future left turn traffic lane can
physically be added to Cove Road, if needed, noting that since the Planning
Commission's public hearing, the petitioner has amended his petition to proffer
a dedication of ten feet along Cove Road for street purposes.
(For full text, see report on file in the City Clerk's Office.)
A petition from residents of Cove Road Mobile Home Park appealing to
Council not to rezone the land, was before the body.
(For full text, see petition on file in the City Clerk's Office.)
ACTION:
ACTION:
ACTION:
A co~nunication fromm. H. B. Rhodes, Moderator, Melrose Christian
Church, advising of the opposition of the General Board of Melrose Christian
Church to the rezoning.
(For full text, see co~mication on file in the City Clerk's Office.)
Hr. T. L. Plunkett, Jr., Attorney, representing the petitioner,
appeared before Council in support of the request of his client.
No one appearing in opposition to the request for rezoning, Dr.
Butler moved that the following Ordinance be placed upon its first reading:
(#25454) AN ORDINANCE to amend Sections 36-3 and 36-4, Code of the
City of Roanoke (1979), as amended, and Sheet No. 637, Sectional 1976 Zone Mep,
City of Roanoke, in relation to Zoning, subject to certain conditions.
(For full text of Ordinance, see Ordinance Book No. 46, page 377.)
The motion was seconded by Hr. Garland and adopted by the following
vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ...................................................... 7.
NAYS: None ........................................................ 0.
STREETS AND ALLEYS: Pursuant to Resolution No. 21414 the City Clerk
set a public hearing for Monday, January 12, 1981, at 7:30 p.m., or as soon
thereafter as the matter could be heard, on the request of Roanoke Gas Company
that Mill Street, N. E., from the easterly side of Kimball Avenue, N. E., to
the westerly side of lands of Norfolk and Western Railway Company, be vacated,
discontinued and closed, the matter was before the body.
The City Planning Commission submitted a written report recommending
that the request be granted.
(For full text, see report on file in the City Clerk's Office.)
Mr. Frank K. Saunders, Attorney, representing the petitioner, appeared
before Council in support of the request of his client.
No one appearing in opposition to the request, Mr. Garland moved that
the following Ordinance be placed upon its first reading:
(#25455) AN ORDINANCE permanently vacating, discontinuing and closing
Mill Street, N. E., from the easterly side of Kimball Avenue, N. E., to the
westerly side of lands of Norfolk and Western Railway Company, in the City of
Roanoke, Virginia, as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 46, page 378.)
The motion was seconded by Hrs. Bowles and adopted by the following
vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor .................................................... 7.
NAYS: None ..................................................... 0.
TRAFFIC-LICENSES-TAXES: Pursuant to instructions of the Council the
City Clerk set a public hearing for Monday, January 12, 1981, at 7:30 p.m., or
as soon thereafter as the matter could be heard, on a proposed amendment to the
City Motor Vehicle License Tax Code to establish a ~mximum motor vehicle license
tax for trucks, the matter was before the body.
The City Manager submitted a written report under date of December
22, 1980, which was presented to the Council in the form of a briefing.
(For full text, see report on file in the City Clerk's Office.)
The City Attorney submitted a written report transmitting an Ordinance
for the consideration of Council, advising that the most important change would
involve a ceiling of $66.00 on truck license taxes and contains language renderin
more flexible the description of the City's vehicle decal.
(For full text, see report on file in the City Clerk's Office.)
No one appearing in opposition to the proposed amendment, Mr. Thomas
moved that the following Ordinance be placed upon its first reading:
(#25456) AN ORDINANCE amending and reordaining Section 20-28, Tax
imposed and subsection (b) of Section 20-32, Plate, tag or decal - Issuance;
contents and color of decals, of the Code of the City of Roanoke (1979), as
amended, as amended by Ordinance No. 25369, adopted November 10, 1980, in order
to limit certain vehicle license taxes and to alter the description of the
City's motor vehicle decal; and providing for an effective date for this ordinanc
(For full text of Ordinance, see Ordinance Book No. 46, page 379.)
125
_1_26
The motion was seconded by ~. Harvey and adopted by the following
VOte:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................ ?.
NAYS: None ..................................................... 0.
CONSENT AGENDA
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the City Council and would be enacted by one
motion in the forms listed on the agenda, and if discussion was desired, that
item would be removed from the Consent Agenda and considered separately. Ne
advised that included on the Consent Agenda were three requests for Executive
Sessions to discuss personnel matters and a matter of acquisition of real
property for public purposes.
MINUTES: Minutes of the regular meeting of Council held on Monday,
January 5, 1981, 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 they be approved as recorded. The motion was seconded by Dr. Butler
and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ...................................................... 7.
NAYS: None ........................................................ 0.
COUNCIL: A cor~r~nication from the Mayor requesting an Executive
Session to discuss personnel matters in regard to vacancies on various authoritief
boards, co~isslons and committees of the Council, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
M_rs. Bowles moved that Council concur in the request. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ...................................................... 7.
NAYS: None ........................................................ 0.
COUNCIL: A communication from Mrs. Bowles requesting an Executive
Session to discuss a personnel matter, was before Council.
(For full text, see co~unication on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the request. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ..................................................... 7.
NAYS: None ....................................................... 0.
COUNCIL: A report of the City Attorney requesting an Executive
Session to discuss the acquisition of real property for public purposes, was
before Council.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the request. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ........................................................ 7.
NAYS: None .......................................................... 0.
ZONING: The qualification of Messrs. Talmage E. Roberts, H. Miles
Smythers, Sydnor W. Brizendine, Jr., and L. Elwood Norris as members of the
Board of Zoning Appeals for terms of three years each ending December 31, 1983,
was before Council.
(Oaths of Office are on file in the City Clerk's Office.)
Mrs. Bowles moved that the qualification be received and filed. The
motion was seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ......................................................... 7.
NAYS: None ........................................................ O,
ACTION:
PLANNING: The qualification of Messrs. William A. Sowers, Michael M.
Waldvogel, flenry B. Boynton and John P. Bradshaw, Jr., as members of the City
Planning Comission for terms of four years each ending December 31, 1984, was
before Council.
(Oaths of Office are on file in the City Clerk's Office.)
Mrs. Bowles moved that the qualification be received and filed. The
motion was seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Barvey, Landis,
Thomas and Mayor Taylor ....................................................... 7.
NAYS: None ........................................................ 0.
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
SEWERS AND STORM DRAINS: A request of Mr. Bradley Underwood and Mr.
Gary Foutz to address Council regarding the 71% sewage treatment rate increase,
was before the body.
The Mayor advised that he had received numerous requests to address
the Council in regard to the matter and inquired from the members of Council as
to the amount of time they would like to allot each person; whereupon, Mr.
Garland suggested three minutes per speaker. It was finally agreed that each
speaker would be allowed five minutes each to make his or her presentation.
Mr. J. L. Stinnett, 4107 Richland Avenue, N. W., appeared before
Council and complained about real estate taxes, advising of an increase of
$7000 over last year's assessment. The Mayor suggested that Mr. Stinnett
contact the Assessor's Office.
Mr. Samuel P. Nackley, 1623 Sherwood Avenue, S. W., appeared before
Council and expressed concern about the 71% increase in the sewage tax rate,
advising that at the present time the tax on his water bill is greater than the
water bill itself. He said that sewage disposal is a commodity and in no
manner has he ever heard of a commodity tax being greater than the commodity
itself. He noted that at the present time the City has a bad contract with
the City of Salem, Roanoke County and the Town of Vintou and requested that
the City attempt to renegotiate the contract, raise its sewage rate by 25% this
year to give City Council time to renegotiate said contract and if necessary raise
the rate another 25% next year. He said Roanoke County, Salem and Vinton are
enjoying the benefits of the sewer system and reaping profits from the City of
Roanoke.
Mr. Don Chappel, representing the Greater Raleigh Court Civic League,
2132 Westover Avenue, S. W., appeared before Council and expressed concern over
the ever increasing cost of government in providing services to its residents.
He advised that the rate increase can be broken down into three parts as set
forth in a report dated December 22, 1980, from the City Manager and the Director
of Finance. Approximately 29% of the proposed 71% increase is attributable to
cleaning up the problem now existing at the Sewage Treatment Plant, more specifi-
cally: 29% of the increase will cover the cost of cleaning a portion of existing
lagoons, disposal of material from the lagoons, hiring of a person to tell the
City where to dump the sludge, chemicals to facilitate the dewatering of
sludge, and an engineering study for the design of the dewatering system,
totalling more than $730,000. He noted that the League is in agreement with
these expenditures and that they are one time only and should be revoked after
one year. As to additional expenditures in this area, Mr. Chappel referred to
the study undertaken by Black and Veatch, Consulting Engineers, entitled Sludge
Disposal Feasibility Study, and on pages 87 and 88, the engineers make a practical
suggestion that all four lagoons be cleaned and a new lagoon constructed, then
the lagoons would be reused in accordance with operating and maintenance manuals
dated 1977 and approved for use at the Wastewater Treatment Facility which would
give the City the same operating situation that existed prior to the discharging
of sludge onto an open field, a situation where there were no complaints and
minimal cost to the taxpayer. He said the report states that this is not a
permanent solution and the lagoons will have to be pumped out again in 1995,
however, this means the City can solve its existing problem, eliminate almost
all the need for any capital or operating expenditures for a period up to
fourteen years and based upon preliminary reports done by the City, this will
result in a savings of nearly $8 million in operating costs and another $3
million in capital investments, which savings represent the operating cost of
the entire sewer system for over three years. He added that the City would
have to monitor the filling of the lagoons to insure that they would be cleaned
prior to reaching capacity, noting that additional time would be on the City's
side which would enable it to seek federal and state grants which could pay up
to 80% of the cost of any sludge dewatering project. Mr. Chappel said the
alternative of cleaning the lagoons should be more closely evaluated prior to
proceeding with these large capital and operating expenses associated with
dewatering, that valuable information regarding the cost of cleaning the lagoons
could be obtained during the initial cleaning phase already proposed by the City
and should be evaluated prior to expending funds in any alternate solutions.
127
128
Mr. Chappel advised Chat the second portion of the 711 rate increase
is for ill or $377,000 from the maintenance of sewer collector system, stating
that the City has already approved $600,000 in this year's budget for the mainte-
nance of the se~er system and he finds it difficult to understand how the City
could designate the cost of maintaining the sewer system as the culprit for
requiring another $300,000 plus an inflation factor rate increase. He said the
ocher localities pay the City approximately Sill per million gallons to transport
and treat their sewage, that because of dry weather the City is $300,000 short
of estimated revenues for the year from these localities and if the weather
returned to normal for our area, the City's income from the other localities
would cover the approximate $300,000 we are short.
Mr. Chappel contended that the City is experiencing a temporary
problem and at best this portion of the increased sewer charge should be for a
period of 3 - 6 months at a time, reevaluate the charge and the automatic
of the inflation factor for three years is therefore not needed. He said the
final portion of the rate increase is for 31% or $496,000 to cover the cost of
operating expenses that do not exist at this time and establishing a fund to be
set aside for capital projects, advising that on page 3 of the December 22
report the staff states that capital expenditures will vary according to what
happens in the future such as attainment of grants, actual cost of project and
rates on monies to be borrowed and it would appear, based upon staff recommenda-
tions, that this portion of the increase should be dealt with in six months or
later when all the facts can be obtained so as not to create the same situation
which exists in the sewer operation system.
In concluding, Mr. Chappel advised that the Civic League concurs in
the one time expenditure of funds to clean up the problems now existing at the
Plant. Additionally, it is recommended that the City, in accordance with the
engineering report, utilize the existing plant facility to gain necessary time
to pursue state and federal grants so as to provide sewer service to the citizens
of the City and to the citizens of the Valley at the least possible cost and
that the City review its revenue requirements at least once per year. He advised
that based upon these recommendations, the sewer rate increase should not exceed
39% until Council is able to factually identify the need for additional revenue.
Mr. Bruce Bloodworth, President of the League of Older Americans,
appeared before Council and reiterated his remarks to Council at its meeting on
Monday, January 5, 1981, advising that the elderly people in this City and all
over the country are Just about at the breaking point. He stated that the sewer
tax is excessive and hopefully a compromise can be reached.
Mrs. Frances Brooke, 906 Dale Avenue, S. E., appeared before Council
and advised that the 71% increase is outrageous, noting that at a meeting of the
Water Resources Co~ittee on December 17, 1980, Mr. Garland stated that the City
was going to try to keep the increase down to 40%. She said she could not see
how the elderly homeowner will be able to pay the additional increase and hopes
Council will be able to keep the increase down to 40%.
Mr. Howard E. Musser, 3613 Oaklawn Avenue, N. W., appeared before
Council and advised that he has no intention of telling Council there is no need
for an increase in the sewer rate and conversely he has no intention of telling
Council there is a need or how much that need may be, the reasoning behind that
statement being there are items in the accounts that should not be there which
distort the decision making process on the part of Council in telling just how
much the rate increase should be. He advised that the City is still looking at
the income of the sewer fund and funds are being transferred out of the sewer
fund, that the income statement has depreciation on the complete facility and
not just the part that we have paid for as the City of Roanoke. He said the
facility cannot be operated as a separate business and continually transfer funds.
He noted that based upon budgeted amounts alone in 1979 it was 20.0% of the re-
venue, in 1980 it was 26.3% of the revenue and in 1981 it was 20.1% of the
revenue which is well over 20% of the revenue that is being taken in going back
into the General Fund. Mr. Musser reviewed the procedure used by the City of
Richmond and urged that the sewer fund be operated like a business and asked
that Council look at the overall operation. He said an increase may be needed
but it should be far less than the proposed 71% and inquired as to why Council
is so anxious to approve the 71% increase.
Mr. Gary Foutz, President of the Southeast Neighborhood Alliance,
appeared before Council, noting that he presently is a county resident but will
continue to represent southeast as President of the Neighborhood Alliance until
his term expires. He advised that citizens of southeast are aware that the City
in the past had money in the Sewage Treatment Fund to do some of the work at the
plant but it appeared that other projects were more important. He said there
was no rush about alleviating the problem a year ago when City employees knew
about the situation and it seemed that the only alternative was to use the field
in southeast without taking into consideration the wishes of the citizens and
advising that an explanation is needed as to why this happened and why was it
kept from the citizens of Roanoke. Mr. Foutz stated that the increase not only
hurts the payroll checks of many working people but if increases continue,
senior citizens are heading for a catastrophe. He said it is time for the
citizens to have a say in city government and if Council cannot come up with an
alternative or dismiss the 71% increase, then the next City Council election may
be somewhat different than elections have been in the past.
129
ACTION:
ACTION:
Mr. J. R. R/chardson, representing the Wildwood Civic League, appeared
before Council and expressed concern over the 71% increase in the sewer rate at
one particular time, advising that the people he represents are ~rllllng to
listen to a more broken down increase, stating that a 48% increase would take
care of present needs. He said the people he represents are on fixed incomes
and one of the members, Hr. A. A. Will~-m~, ts 103 years old and is the oldest
taxpayer in the Roanoke Valley. Mr. Richardson asked why a $10,000 contingency
was placed in the proposed cost, advising that a contingency fund is no more
than something to cover the City*s mistakes. He urged that the City tighten its
belt and come up with a solution that is feasible, workable, satisfactory and
good for the City of Roanoke while at the same time not place an extra tax burden
on the citizens. He recommended that the $10,000 contingency fund be deleted
and that the water and sewer fund be operated as an independent group.
Mr. Frederick Campbell, Vice President, Southeast Neighborhood Alliance
appeared before Council and advised that it is not felt adequate consideration
is being given to the 71% rate increase, stating that many people living in the
southeast section are on fixed incomes and those incomes are being eaten up by
taxes and necessities. He requested a decrease of less than 71% for all citizens
of Roanoke and no increase for elderly citizens on fixed incomes. He said it is
time that the City Council, the Mayor, the City Manager and everyone involved
gets to the point of informing the citizens of what is happening in order to let
the citizens know where their money is being spent and if their money is being
spent in a proper manner, the people of the City of Roanoke will support the
Council. He said until that time some changes are needed in the administration
because they do not represent the people, they represent themselves.
The Mayor called upon each member of Council for comments in reference
to the matter.
Ordinance No. 25441 establishing new charges for Class I and Class I!
sanitary sewer users and for certain bulk sewer customers pursuant to contract,
having previously been before the Council for its first reading on Monday,
January 5, 1981, read and adopted on its first reading and laid over, was again
before the body, Mr. Thomas offering the following for its second reading and
final adoption:
(#25441) AN ORDINANCE establishing new charges for Class I and Class
II sanitary sewer users and for certain bulk sewer customers pursuant to contract
and providing for an effective date for such user charge increases.
(For full text of Ordinance, see Ordinance Book No. 46, page 372.)
Mr. Thomas moved the adoption of the Ordinance. The motion was
by Mr. Landis.
Hr. Harvey presented an alternate rate proposal which would exclude
the second and third year inflation figures and delete the $250,000 yearly
capital outlay at this time; advising that the City would be in a much better
position at a later date to address this request when the final phase of the
plant is completed. He noted that $900,000 included in the permmnent increase
is actually for a one time expenditure (contractual disposal of sludge - $500,000
construction of sludge lagoon No. 5 - $300,000, and dewatering facility design -
$100,000).
Mr. Harvey offered a substitute motion proposing a 47% rate increase
in lieu of a 71% increase with the condition that the sewer rates be increased
effective February 1, 1981, and that Council review the Sewage Treatment Fund
at its Financial and Planning Session in October 1981 and in October of each and
year thereafter to insure that the Sewage Treatment Fund remains viable. The
motion was seconded by Dr. Butler and lost by the following vote:
AYES: Council members Butler and Harvey .............................. 2
NAYS: Council members Bowles, Garland, Landis, Thomas and Mayor
Taylor ......................................................................... 5.
The original motion to adopt Ordinance No. 25441 on its second reading
was then adopted by the following vote:
AYES: Council members Bowles, Garland, Landis, Thomas and Mayor
Taylor .......................................................................... 5.
NAYS: Council members Butler and Harvey .............................. 2.
At 9:15 p.m., the Mayor declared the meeting recessed.
At 9:30 p.m., the meeting reconvened in the Council Chamber with Mayor
Taylor presiding and ali members of the Council present.
TAXES: Mr. Edmond A. Damns, 1920 Deyerle Road, S. W., appeared before
Council in regard to assessments and taxation.
(For full text of Mr. Damusy remarks, see Exhibit No. 150 on file in the City
Clerk's Office.)
Mr. Landis moved that Mr. Damns' oral remarks be received and filed.
The motion was seconded by Dr. Butler and unanimously adopted.
1'30
ACTION:
ACTION:
ACTION:
CITY GOVERNMENT: Mr. Richard W. Crush, 2532 Berkley Avenue, S. W.,
appeared before Council and spoke in regard to bureaucracy in city government,
proposing the appointment of a blue ribbon co=~tttee with members from all four
areas of the City to investigate ways of improving efficiency in city government.
(For full text of Mr. Crush's oral remarks, see Exhibit No. 151 on file in the
City Clerk's Office.)
Mr. Landis moved that Mr. Crush's oral remarks be received and filed.
The motion was seconded by Dr. Butler and unanimously adopted.
PETITIONS AND CO~fl~JNICATIONS:
SCHOOLS-LEGISLATION: A communication from Councilman Landis recom-
mending adoption of a Resolution relating to adequate funding of a system of
quality education, advising that he was designated by Mayor Taylor to attend a
recent meeting in Richmond relating to school funding, that as pointed out in
the City's 1981 Legislative Program, the problem with state funding of local
education is two-fold in that first, state funding for public schools has not
kept pace with inflation and the demands of special programs; and second, the
basic school aid formula appears to discriminate against less affluent core
cities, such as Roanoke. He advised that at the Richmond meeting a number of
similarly situated localities agreed to participate in joint efforts to address
the school funding problem, transmitting a Resolution which will put the position
of the City of Roanoke on record in this important matter and will authorize
the City Manager and City Attorney to take appropriate actions necessary to
achieve adequate funding of local education by the Commonwealth.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Landis offered the following Resolution:
(#25457) A RESOLUTION authorizing the City Manager and City Attorney
to determine the appropriate action necessary to insure adequate funding of a
system of quality elementary and secondary education by the Commonwealth of
Virginia.
(For full text of Resolution, see Resolution Book No. 46, page 373.)
Mr. Landis moved the adoption of the Resolution. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor .............................................................. 7.
NAYS: None ......................................................... 0.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-GRANTS-INTEP, MODAL TRANSPORTATION CENTER: The Assistant City
Manager submitted a written report of the City Manager in regard to appropriation
of funds for the Intermodal Transportation Terminal, recounnending that Council
ratify action taken on December 22, 1980, authorizing the Director of Finance to
temporarily front fund GRTC capital expenses for the Intermodal Transportation
Terminal, which funds will be returned to the City of Roanoke capital projects
fund upon periodic reimbursement by UMTA and the State; that $20,000.00 be
appropriated representing the City's local share of the initial approved project
cost of $2,000,000, as more fully outlined in the report, into a new account to
be established by the Director of Finance in the Mass Transit Facilities category,
initial funding to be provided by interest earned on the bond sale proceeds of
$4,500,000; and that Council approve the plan to have GRTC take title to the
real property for the project, authorize appropriate City officials to execute
documents necessary to transfer to GRTC the City's contract rights in the real
property to be acquired for the project, to consummate the closing of these
purchases and ratify past actions taken in this regard upon the Council's verbal
approval on December 22, 1980.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance appropriating
$20,000 to Intermodal Transportation Center:
(#25458) AN ORDINANCE to amend and reordain certain sections of the
Capital Projects Fund Appropriation, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 374.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................. 7.
NAYS: None ........................................................ 0.
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
Hrs. Bowles offered the following Resolution:
(#25459) A RESOLUTION authorizing the Director of Finance temporarily
to advance to Greater Roanoke Transit Company (GRTC) City funds for capital
expanses of GRTC in connection with the acquisition by GRTC of land for the
Intermodal Transportation Terminal; ratifying actions of the Director of Finance
taken in this regard; approving GRTC'e taking title to this real estate; authoriz,
lng the appropriate City officials to take appropriate action to this end; and
ratifying actions taken by such officials in this matter.
(For full text of Resolution, see Resolution Book No. 46, page 374.)
Mrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................ 7.
NAYS: None ....................................................... 0.
PUBLIC ASSISTANCE: The City Manager having previously submitted a
written report in regard to the Fuel Assistance Program, he orally requested
that it be withdrawn from the agenda inasmuch as a courier from Richmond, Virgini~
delivered a check for the oil companies and the State has promised that the
remainder of the oil companies will be paid by the end of the week.
Mr. Thomas moved that Council concur in the request to withdraw the
report. The motion was seconded by Mr. Garland and unanimously adopted.
DIRECTOR OF FINANCE:
BUDGET-SEWERS AND STOle/ DRAINS-CAPITAL IMPROV~I~ENTS: The Deputy
Director of Finance submitted a written report of the Director of Finance
recommending that certain unspent appropriations for projects in the Capital
Projects Fund that are complete be transferred to other accounts to be used for
future projects as follows: $8,684.00 from Sanitary Sewers to Sewage Lateral
Replacement, $86,329.75 from Murray Run Sanitary Sewer to Capital Improvement
Reserve - Completed Projects, and $4,560.36 from Wells Avenue and Second Street,
N. E., to Capital Improvement Reserve - Completed Projects.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas offered the following emergency Ordinance:
(#25460) AN ORDINANCE to amend and reordain certain sections of the
1980-81 Capital Projects Fund Appropriation, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 375.)
Mr. Thomas moved the adoption of the Ordinance. The motion was secondl
by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor .............................................................. 7.
NAYS: None ......................................................... 0.
BUDGET-SEWERS AND STOI~{ DRAINS: The Deputy Director of Finance submitt,
a written report of the Director of Finance reco~ending that an additional
$20,000.00 be appropriated to the Norwood Street Storm Drain Account, said
amount to be reimbursed by Mr. William E. Cundiff.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#25461) AN ORDINANCE to amend and reordain certain sections of the
1980-81 Capital Projects Fund Appropriation, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 376.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................ 7.
NAYS: None ....................................................... O.
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
CITY PROPERTY-SALE OF PROPERTY-STREETS AND ALLEYS: Ordinance No.
25451 authorizing the sale and conveyance of certain real estate owned by the
City and located on the southwest corner of Courtland and Liberty Roads, N. W.,
to Mr. David M. Hartman, said property being designated as Official Tax No.
2060757, for the sum of $10,000.00, having previously been before the Council
for its first reading on Monday, January 5, 1981, read and adopted on its first
reading and laid over, was again before the body, Mr. Thomas offering the follow-
ing for its second reading and final adoption:
131
132
(#25451) AN ORDINANCE authorizing the sale and conveyance of certain
real estate owned by the City and located on the southwest corner of Courtland
and Liberty Roads, N. W., Roanoke, Virginia, designated as Official Tax No.
2060?5?, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 16, page 373.)
Hr. Thomas moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, !~dis, Thomas
and Mayor Taylor ............................................................ 7.
NAYS: None ........................................................ O.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMenTS BY THE MAYOR AND MI~ERS OF COUNCIL: NONE.
OTHER HEARINGS OF CITIZENS:
TAXES: Mr. Samuel P. Nackley, 1623 Sherwood Avenue, S. W., and Mrs.
Louise Klans, 331 Robin Hood Road, S. E., appeared before Council and addressed
the matter of real estate taxes and the increase in assessments.
(For full text of Mr. Nackley's remarks and Mrs. Klaus' remarks, see Exhibit
No. 152 on file in the City Clerk's Office.)
ACTION:
Mr. Garland moved that the verbal remarks of Mr. Nackley and Mrs.
Klans be received and filed. The motion was seconded by Hrs. Bowles and unani-
mously adopted.
At 10:35 p.m., the Mayor declared the meeting recessed.
At 11:30 p.m., the meeting reconvened in the Council Chamber with
Mayor Taylor presiding and all members of the Council present.
ZONING: The Mayor called to the attention of Council that there is a
vacancy on the Board of Zoning Appeals created by the resignation of Mr. John W.
Chappelear for a term of three years ending December 31, 1983, and called for
nominations to fill the vacancy.
ACTION:
Mr. Thomas placed in nomination the name of Mr. Walter L. Wheaton.
There being no further nominations, Hr. Wheaton was elected as a
member of the Board of Zoning Appeals for a term of three years ending December
31, 1983, by the following vote:
FOR MR. WHEATON: Council members Bowles, Butler, Garland, Harvey,
Landis, Thomas and Mayor Taylor .............................................. 7.
HEALTH DEPARTMENT (MENTAL HEALTH): The Mayor called to the attention
of Council that there is a vacancy on the Mental Health Services Board inasmuch
as the Code of Virginia provides that no member may serve more than two successiv,
three year terms and Mr. James A. Ford is therefore ineligible to serve another
term; whereupon, the Mayor called for nominations te fill the vacancy.
Dr. Butler placed in nomination the name of Miss Eunice R. Poindexter.
There being no further nominations, Miss Poindexter was elected as a
member of the Mental Health Services Board for a term of three years ending
December 31, 1983, by the following vote:
ACTION:
FOR HISS POINDEXTER: Council members Bowies, Butler, Garland, Harvey,
Landis, Thomas and Mayor Taylor ............................................... 7.
There being no further business, the Mayor declared the meeting
adjourned at 11:35 p.m.
APPROVED
ATTEST: ~.~
City Clerk Mayor
SPECIAL SESSION ..... ROANOKE CITY COUNCIL
Jan~ry 19, 1981
4:30 p.m.
The Council of the City of Roanoke met in special ~eettng in Roo~s 157 - 159, Civil
Defense, of the Municipal Building, 215 Church Avenue, S. W,, on Monday, January 19, 1981, at
4:30 p.m., ~rlth Mayor Noel C. Taylor presiding.
PRESENT: Council members Elizabeth T. Bowles, Wendell H. Butler, Robert A. Garland,
James G. Harvey, II, Charles L. Landis and Mayor Noel C. Taylor ................................. 6.
ABSENT: Councilman Hampton W. Thomas ................................................ 1.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. Sam H. McGhee, III, Assistant
City Manager; Mr. Wilburn C. Dibling, Jr., City Attorney; Mr. William X Parsons, Assistant City
Attorney; Mr. Joel M. Schlanger, Director of Finance; and Mrs. Mary F. Parker, City Clerk.
At the request of the Mayor, the City Clerk read the following letter calling the
special meeting of Council:
"January 16, 1981
Members of Roanoke City Council
Roanoke,
Virginia
Dear Mrs. Bowles and Gentlemen:
Pursuant to Section 10 of the Roanoke City Charter, I am
calling a special meeting of the Roanoke City Council on
Monday, January 19, 1981, immediately following the
Financial and Planning Session which begins at 2:30 p.m.,
in Rooms 157 - 159, Civil Defense, of the Municipal
Building. The purpose of the special meeting is to
consider a report of the City Manager regarding a
$298,500.00 grant offer to the City for the rehabilita-
tion of five neighborhood parks.
Sincerely,
S/ Noel C. Taylor
Noel C. Taylor
Mayor
NCT:dw
CCI
Mr. H. B. Ewert, City Manager, Building
Mr. Wilburn C. Dibling, Jr., City Attorney, Building
Mr. Joel M. Schlanger, Director of Finance, Building
Mrs. Mary F. Parker, City Clerk, Building"
ACTION:
GRANTS-PARKS AND PLAYGROUNDS: The City Manager submitted a written report in
regard to a $298,500.00 grant offer to the City of Roanoke for the rehabilitation of
five neighborhood parks, recommending that Council accept the offer made by the United
States Department of the Interior, Heritage Conservation and Recreation Service, of a
grant award of $253,725.00 to the City of Roanoke for the rehabilitation of five neighbor-
hood parks as outlined in the City's U.P.A.R.R. Grant Application, dated October 6,
1980, that the City Manager be authorized to execute a grant contract with the Department
of the Interior relating to the acceptance of the U.P.A.R.R. grant and the implementation
of the project; and that the City Manager be authorized to accept the State's offer of
$44,775.00 on a reimbursement basis and execute the necessary grant contract relating
to the acceptance of this grant upon receipt of a formal notification of grant offer
from the Virginia Commission of Outdoor Recreation.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following Resolution:
(#25462) A RESOLUTION accepting and authorizing the acceptance of grants
made to the City of Roanoke by the United States Department of the Interior Heritage
Conservation and Recreation Service and by the Virginia Commission of Outdoor Recreation
for the rehabilitation of five City parks; and authorizing the City Manager to execute
any required documents relating to such grants.
(For full text of Resolution, see Resolution Book No. 46, page 376.)
Mr. Landis moved the adoption of the Resolution. The motion was seconded by
Mr. Harvey and adopted by the following vote:
ATTEST:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis and Mayor
Taylor ........................................................................... 6.
NAYS: None ............................................................... O.
(Council~n Thomas was absent.)
There being no further business, the Pmyor declared the special meeting
adjourned at 4:40 p.m.
APPROVED
City Clerk Mayor
135
REGULAR WEEKLY SESSION .... ROANOI~ CITY COUNCIL
January 26, 1981
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the Council Chamber
in the Municipal Building, 215 Church Avenue, S. W., on Monday, January 26, 1981, at 2:00
p.m., the regular meeting hour, withMayor Noel C. Taylor presiding.
PRESENT: Council members Elizabeth T. Bowles, Wendell N. Butler, Robert A.
Garland, James G. Harvey, II, Charles L. Landis, Hampton W. Thomas and Mayor Noel C.
Taylor ................................................................................. 7.
ABSENT: None ................................................................ O.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. William M.~ackworth,
Assistant City Attorney; Mr. Joel M. Schlanger, Director of Finance; and ltrs. Mary F.
Parker, City Clerk.
The invocation was delivered by the Reverend John Myers, retired Methodist
minister.
The Fledge of Allegiance to the Flag of the United States of America was led by
Noel C. Taylor.
ACTION:
ACTS OF ACKNOWLEDGEMBNT: Mr. Garland offered the following Resolution
welcoming to freedom the return of the fifty-two Americans held hostages in
Iran since November 4, 1979, and recognizing the sacrifices of the eight
American servicemen who lost their lives in a rescue attempt:
(#25463) A RESOLUTION welcoming the return to freedom of the fifty-two
Americans held hostage in Iran since November 4, 1979, expressing the Joy and
thanksgiving of the City for their return, and recognizing the sacrifices of
the eight A~rican servicemen who gave their lives in attempting to rescue
the hostages.
(For full text of Resolution, see Resolution Book No. 46, page 380.)
Mr. Garland moved the adoption of the Resolution. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ................................................... 7.
NAYS: None ..................................................... O.
BID OPENINGS
ACTION:
ACTION:
SEWERS AND STORM DRAINS: Pursuant to notice of advertisement for
bids for new Lagoon No. 5 and an addition to Lagoon No. 1 at the Sewage Treatment
Plant, said proposals to be received by the City Clerk until 1:30 p.m., on
Monday, January 26, 1981, and to be opened amd read before the Council at 2:00
p.m., or as soon thereafter as the matter could be heard, on that date, 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:
J & H Grading Company, Incorporated
Boxley Construction Company
Acorn Construction Company, Ltd.
Branch & Associates, Incorporated
W. J. Blane General Contractor
Robertson-Fowler Company
Watts and Breakell, Incorporated
$ 201.829.00
231000.00
231.000.00
240~587.00
243,442.00
260 181.15
271 767.00
Mr. Thomas moved that the bids be referred to a co~nittee to be
appointed by the Mayor for tabulation, report and recomendation to Council.
The motion was seconded by Dr. Butler and unanimously adopted.
The Mayor appointed Messrs. Charles L. Landis, Chairman, Kit B. Kiser
and H. S. Zimmerman as members of the co~ittee.
PUBLIC HEARINGS
GRANTS-DOWNTOWN ROANOKE: Council having previously authorized the
City Clerk to set a public hearing for Monday, January 26, 1981, at 2:00 p.m.,
or as soon thereafter as the matter could be heard, in regard to the City's
application for an Urban Development Action Grant with respect to the lease,
renovation and development of the City's Market Building a~d Fire Station No.
i, the matter was before the body.
136
ACTION:
The City Hanager orally requested that the matter be withdra~m and that
it be resubmitted to the Council for public hearing prior to April 30, 1981.
H~. Thomas moved that Council concur in the City Manager's request to
withdraw the matter. The motion was seconded by Hr. Garland and unanimously
adopted.
CONSENT AGENDA
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
The Mayor advised that all matters listed under the Consent A~enda
were considered to be routine by the City Council and would be enacted by one
motion in the forms listed on the agenda, and if discussion was desired, that
item would be removed from the Consent Agenda and considered separately. He
noted that included on the Consent Agenda were five requests for Executive
Sessions of Council to discuss personnel matters, a potential litigation matter,
a contractual matter, and a legal matter.
COUNCIL: A conmunication from the Mayor requesting an Executive
Session to discuss a personnel matter relating to the vacancies on various
authorities, boards, cou~issions and com~tttees of the Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Thomas moved that Council concur in the request. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ...................................................... 7.
NAYS: None ........................................................ O.
COUNCIL: A communication from Mrs. Bowles requesting an Executive
Session to discuss a personnel matter, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Thomas moved that Council concur in the request. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ....................................................... 7.
NAYS: None ..................................................... 0.
COUNCIL: The City Manager submitted a written report requesting an
Executive Session to discuss a matter of potential litigation.
(For full text, see report on file in the City Clerk's Office.)
Hr. Thomas moved that Council concur in the request. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ..................................................... 7.
NAYS: None ....................................................... 0.
COUNCIL: A report of the City Manager requesting an Executive Session
to discuss a contractual matter, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas moved that Council concur in the request. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ....................................................... 7.
NAYS: None ......................................................... O.
COUNCIL: A report of the City Manager requesting an Executive Session
to discuss a legal matter, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas moved that Council concur in the request. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor .................................................... 7.
NAYS: None ....................................................... 0.
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
SEWERS AND STORM DRAINS: A communication from Mr. R. M. Smith,
Assistant City Manager, City of Salem, transmitting a Resolution adopted by
Salem City Council on January 12, 1981, supporting the City's request for aid
from the General Assembly to finance capital improvements at the Regional Water
Pollution Control Plant, was before Council.
(For full text, see co~aunication on file in the City Clerk's Office.)
l/r. Thomas moved that the co~,~,nication be received and filed. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Bu~ler, Garland, Harvey, l~ndie,
Thomas and Hayor Taylor ................................................ 7.
NAYS: None ..................................................... O.
HOUSING: A co~nunication from Mr. R. R. Henley, Executive Director,
City of Roanoke Redevelopment and Housing Authority, transmitting a check in
the amount of $60,674.23 representing payment in lieu of taxes for the follow-
ing projects: Lansdowne Park, Lincoln Terrace, Hurt Park, Highland Manor, Hunt
Hanor, Melrose Towers, Jamestown Place, Morningside Hanor, Bluestone Park,
Indian Rock Village and Hackley Avenue, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Thomas moved that the communication be received and filed. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mmyor Taylor ...................................................... 7.
NAYS: None ........................................................ 0.
ZONING: The annual report of the Board of Zoning Appeals for the
year 1980, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas moved that the report be received and filed. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ..................................................... 7.
NAYS: None ....................................................... 0.
DIRECTOR OF FINANCE-BILLINGS AND COLLECTIONS: A report of the Director
of Finance transmitting statistics as related to the Billings and Collections
operations for the period October through December, 1980, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas moved that the report be received and filed. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ..................................................... 7.
NAYS: None ..................... m ............................... 0.
HEALTH: The qualification of Miss Eunice R. Poindexter as a member
of the Mental Health Services Board for a term of three years ending December
31, 1983, was before Council.
(Oath of Office is on file in the City Clerk's Office.)
Mr. Thomas moved that the qualification be received and filed. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ..................................................... 7.
NAYS: None ....................................................... O.
COUNCIL: An oral request of the Assistant City Attorney for an
Executive Session to discuss a legal matter, was before Council.
Mr. Thomas moved that Council concur in the request. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ..................................................... 7.
NAYS: None ....................................................... 0.
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
137
138
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
CO~IITTBES-CITIZENS' TASK FORCE ON CRIME PP.~VENTION AND SOCIAL DEVELOP-
Mr. James T. Phipps, Chairman, Citizens' Task Force on Crime Prevention
and Social Development, appeared before Council and read a prepared statement
advising that it is the concensus of the Task Force that Council be provided an
opportunity to reassess its perception as to the need for the Task Force in its
present form end, if deemed appropriate, that a citizens' advisory group continue
to function.
(For full text, see statement on file in the City Clerk's Office.)
Mr. Garland moved that the matter be taken under advisement. The
motion was seconded by Mr. Landis and unanimously adopted.
COMPLAINTS-SEWERS AND STORM DRAINS: Mr. Wally Newcomb, Second Vice
President of the Garden City Civic League, appeared before Council and presented
a complaint in regard to a drainage problem on Yellow Mountain Road and Melcher
Street, 8. E.
Following a discussion of the matter, Mr. Garland moved that the
complaint be referred to the City Manager for investigation, report and recommen-
dation to Council as soon as possible. The motion was seconded by Mrs. Bowles
and unanimously adopted.
TAXES: Mr. Ben A. Butch, III, appeared before Council and presented
a petition signed by 30 residents of Curtis Avenue, N. W., requesting that the
real estate tax rate be lowered.
(For full text, see petition on file in the City Clerk's Office.)
Mr. Landis presented a communication advising that in the past several
years Council has reduced the tax rate in every category of taxes in the City,
including the real estate rate, and these tax reductions and accompanying loss
of City revenues have occurred without drastic impact on services for City
citizens which may not be the case in the future. He noted that due to the
ever increasing real estate assessments, many citizens are still paying substan-
tially higher real estate taxes, therefore, every effort must be made this year
to effectively reduce the real estate tax rate for the next budget year. In
order for Council to better determine, at budget time, whether or not a reduction
in the present real estate tax rate can be made, Mr. Landis recommended that
the City Manager be directed to submit to Council an alternative budget or
supplement to his regular 1981-82 budget proposal, said alternative budget to
reflect a five per cent overall reduction in spending of the projected revenues
in the regular 1981-82 proposed budget, that information accompanying this
alternative budget shall include the recomraended reductions which may be required
in services, programs, capital improvements, and the effective real estate rate
reductions possible from this reduced spending level.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Landis moved that Council concur in the recommendation. The
motion was seconded by Mr. Harvey and unanimously adopted.
Mr. Garland moved that the petition from the Curtis Avenue residents
be received and filed. The motion was seconded by Mr. Landis and unenimausly
adopted.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
BUDGET: The City Manager having previously placed a report on the
agenda reserving space for a report concerning the status of revenues and
expenditures, the City Manager orally requested that the report be withdrawn
until the next regular meeting of Council on Monday, February 2, 1981.
Mr. Garland moved that Council concur in the City Manager's request.
The motion was seconded by Dr. Butler and unanimously adopted.
PLANNING: Mr. Edward Miller, Community Development Block Grant Coordi-
nator, appeared before Council and presented an oral report on the 1981-82
Community Development Block Grant process.
(For full text of Mr. Miller's report, see Exhibit No. 153 on file in the
City Clerk's Office.)
Mr. Garland moved that the oral report be received and filed. The
motion was seconded by Mr. Harvey and unanimously adopted.
TRAFFIC: Mr. Richard B. Burrow, City Engineer, appeared before
Council and presented a status report on the Downtown Signal System.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis moved that the report be received and filed. The motion
was seconded by Dr. Butler and unanimously adopted.
139
ACTION:
ACTION:
ACTION:
ACTION:
ITEMS I~ECO~ED FOR ACTION:
WATER DEPARTHENT: The City Manager submitted a written report recom-
nmnding execution of Change Order No. 1 to the contract with E. C. Pace and
Company, Incorporated, for construction of a water main extension from King
Street, N. E., to Wolf Creek in Vinton, to provide for relocation of water main
location necessitating gravel backfill and replacement of pavement in the
a~ount of $5,417.30.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas offered the following emergency Ordinance:
(#25464) AN ORDINANCE approving the City Manager's issuance of
Change Order No. 1 to the City's contract with E. C. Pace Company, Inc., for
construction of a water main extension from King Street, N. E., to Wolf Creek
in Vinton, authorized by Ordinance No. 25110; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 381.)
Mr. Thomas moved the adoption of the Ordinance. The motion was
seconded by Mr. Landis and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ....................................................... 7.
NAYS: None ......................................................... 0.
CETA: The City Manager having previously reserved space on the
agenda for a report concerning CETA Program Agent Administrative funds, he
orally requested that the report be withdrawn; whereupon, Mr. Thomas moved that
Council concur in the request. The motion was seconded by Mr. Garland and
unanimously adopted.
CITY ATTORNEY:
BUDGET-CENTURY PROJECT-CAPITAL IMPROVEMENTS-BONDS: The City Attorney
submitted a written report advising that at the January 19, 1981 Financial and
Planning Session, Council considered a report of the City Manager in regard to
architectural and engineering agreements for the Downtown Century Project and
referred the matter to the City Attorney for preparation of the proper measure,
and transmitting an Ordinance for the consideration of Council.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#25465) AN ORDINANCE to amend and reordain certain sections of the
Capital Projects Fund Appropriation, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 381.)
Mrs. Bowles moved the adoption of the Ordinance. The met/on was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor .................................................... 7.
NAYS: None ...................................................... 0.
Mrs. Bowles offered the following emergency Ordinance authorizing the
City Manager to enter into contracts with Frentz & Chappelear Architects,
William G. Wells & Associates, Bowling & Martin Associates, Smithey & Boynton
Architects and Engineers, Mattern and Craig Consulting Engineers, Kimley -Horn
and Associates, Incorporated, and Hayes, Seay, Mattern and Mattern:
(#25466) AN ORDINANCE authorizing the City Manager to enter into
nine architectural or engineering contracts in connection with the City's
Downtown Century Project; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 382.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor .................................................... 7.
NAYS: None ...................................................... O.
TRAFFIC: The City Attorney submitted a written report in regard to
metered parking on holidays, advising that Section 20-77 of the City Code
allows free parking at metered spaces only on the following holidays: New
Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and
Christmas Day and recommending that the following additional free parking meter
days be added: Washington's Birthday, Columbus Day, Veterans' Day, Lee-Jackson
Day and Election Day.
(For full text, see report on file in the City Clerk's Office.)
140
ACTION:
ACTION:
ACTION:
Mr. Garland offered the following e_~ergency Ordinance:
(#25467) AN ORDINANCg amending and reordaining Section 20-77, Parking
meter zones, of the Code of the City of Roanoke (1979), as amended, to provide
for certain additional holidays on which metered parking shall be free; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 383.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Landis and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ....................................................
NAYS: None ...................................................... 0.
DIRECTOR OF FINANCE:
BUDGET-REFUSE COLLECTION: The Director of Finance submitted a written
report advising that on December 16, 1980, Council received a report and adopted
Ordinance No. 25439 appropriating $1,108,000 of the fiscal year 1980 undesigna-
ted fund balance, that $16,000 was appropriated for the Landfill Master Plan
Update and was appropriated into the Capital Improvemeut Reserve account in the
Capital Projects Fund to be transferred to a specific account when the funds
were needed by the Regional Landfill, that a request has been received from the
Solid Waste Disposal Manager for payment of the money, and recommending that
Council approve an Ordinance transferring $16,000 to a newly established account
in order that it may be paid to the Regional Landfill.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#25468) AN ORDINANCE to amend and reordain certain sections of the
1980-81 General Fund and Capital Projects Fund Appropriation Ordinances, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 383.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ..................................................... 7.
NAYS: None ....................................................... O.
BUDGET-PERSONNEL: The Director of Finance submitted a written report
advising that the 1980-81 fiscal year budget when adopted included an estimated
$500,000 anticipated lapse of salary and wages, that per the City Manager's
recommendation, the lapse was increased by $142,500 on October 6, 1980, and the
total budgeted lapse is $642,500, transm/tting an Ordinance which will reduce
various departmental salary and wage budgets and decrease the budgeted lapse by
the same amount, the total budget salary and wage lapse remaining will be as
follows:
Original Budgeted Amount
Increase Per Ordinance No. 25336
Total Budgeted
$500,000
· 142,50~
642,500
First Quarter Lapse Realized
Second Quarter Lapse Realized
(164,975)
(199,345)
Amount to be Realized
.$278,189
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#25469) AN ORDINANCE to amend and reordain certain sections of the
1980-81 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 384.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ...................................................... 7.
NAYS: None ....................................................... 0.
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
ACTION:
ACTION:
ACTION:
ACTION:
INTRODUCTION AND CONSIDERATION OF O~DINANCES AND RESOLUTIONS:
ZONING: Ordi~ance No. 25453 rezoning property located at 1022 and
1024 Tazewell Avenue, S. g., described as the easterly 40.86 feet of Lot 6 and
all of Lot 5, Block 15, Haps of R~anoke Land and Improvement and Tayloe, Offi-
cial Tax Nos. 4111328 and 4111329, from RG-i, G~neral Residential District, to
LH, Light Manufacturing District, subject to certain conditions proffered by
the petitioner, having previously been before the Council for its first reading
on Monday, January 12, 1981, read and adopted on its first reading and laid
over, was again before the body, Hrs. Bowles offering the following for its
second reading and final adoption:
(#25453) AN O~DINANCE to amend Sections 36-3 and 36-4, Code of the
City of Roanoke (1979), as amended, and Sheet No. 411, Sectional 1976 Zone Hap,
City of Roanoke, in relation to Zoning, subject to certain conditions.
(For full text of Ordinance, see Ordinance Book No. 46, page 377.)
Hrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Hr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ....................................................... 7.
NAYS: None ......................................................... 0.
ZONING: Ordinance No. 25454 rezoning a tract of land on the southerly
side of Cove Road east of Peters Creek Road containing 2.47 acres, known as
Official Tax No. 6370108, from RG-1, General Residential District, and adjacent
tracts containing 2.37 acres and 2.31 acres, respectively, designated as Official
Tax Nos. 6370109 and 6370110, from RS-3, Single Family Residential 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, January 12, 1981, read and adopted on its first reading and laid over,
was again before the body, Hr. Thomas offering the following for its second
reading and final adoption:
(#25454) AN ORDINANCE to amend Sections 36-3 and 36-4, Code of the
City of Roanoke (1979), as amended, and Sheet No. 637, Sectional 1976 Zone Map,
City of Roanoke, in relation to Zoning, subject to certain conditions.
(For full text of Ordinance, see Ordinance Book No. 46, page 377.)
Mr. Thomas moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor .................................................... 7.
NAYS: None ...................................................... O.
STREETS AND ALLEYS: Ordinance No. 25455 permanently vacating, discon-
tinuing and closing Mill Street, N. E., from the easterly side of Kimball
Avenue, N. E., to the westerly side of lands of Norfolk and Western Railway
Company, in the City of ~anoke, having previously been before the Council for
its first reading on Monday, January 12, 1981, 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:
(#25455) AN ORDINANCE permanently vacating, discontinuing and closing
Mill Street, N. E., from the easterly side of Kimball Avenue, N. E., to the
westerly side of lands of Norfolk and Western Railway Company, in the City of
Roanoke, Virginia, as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 46, page 378.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ...................................................... 7.
NAYS: None ........................................................ 0.
TAXES: Ordinance No. 25456 increasing annual license taxes imposed
on motor vehicles, trailers, and semi-trailers, providing for a ceiling of
$66.00 on truck license taxes, and altering the description of the City's motor
vehicle decal, having previously been before the Council for its first reading
on Monday, January 12, 1981, read and adopted on its first reading and laid
over, was again before the body, Dr. Butler offering the following for its
second reading and final adoption:
(#25456) AN ORDINANCE amending and reordaining Section 20-28, Tax
imposed and subsection (b) of Section 20-32, Plate, tag or decal - Issuance;
contents and color of decals, of The Code of the City of Roanoke (1979), as
amended, as amended by Ordinance No. 25369, adopted November 10, 1980, in order
to limit certain vehicle license taxes and to alter the description of the
City's motor vehicle decal; and providing for an effective date for this Ordinanc.
(For full text of Ordinance, see Ordinance Book No. 46, page 379.)
14,1
142
ACTION:
ACTION:
A~TION:
Dr. Butler moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ................................................... 7.
NAYS: None ...................................................... 0.
POLICE DEPARTMENT-ACTS OF ACKNOWLEDGEMENT: Mr. Harvey offered the
following Resolution co~-~ending Mr. Cabell B. Bowles for his courageous actions
in thwarting a convenience store robbery in the City:
(#25470) A RESOLUTION co-~ending Cabell B. Bowles for his courageous
actions in thwarting a convenience store robbery in the City.
(For full text of Resolution, see Resolution Book No. 46, page 385.)
Mr. Harvey moved the adoption of the Resolution. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ...................................................... 7.
NAYS: None ........................................................ O.
HOUSING: Council at its Financial and Planning Session on Monday,
January 19, 1981, having instructed the City Attorney to prepare the proper
measure authorizing and directing the City Manager to enter into a written
amendment to a certain Cooperation Agreement by and between the City of Roanoke
and the City of Roanoke Redevelopment and Housing Authority, he presented s~,~;
whereupon, Dr. Butler offered the following Resolution:
(#25471) A RESOLUTION authorizing and directing the City Manager to
enter into a written amendment to a certain Cooperation Agreement by and between
the City of Roanoke and the City of Roanoke Redevelopment and Housing Authority.
(For full text of Resolution, see Resolution Book No. 46, page 385.)
Dr. Butler moved the adoption of the Resolution. The motion was
seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Landis, Thomas and
Mayor Taylor ................................................................. 6.
NAYS: None ...................................................... O.
(Councilman Harvey abstained from voting)
BUDGET-SCHOOLS: Council at its Financial and Planning Session on
Monday, January 19, 1981, having instructed the Director of Finance to prepare
the proper measure in connection with a request of the Roanoke City School
Board that $44,277.00 be appropriated to Combined Federal Programs for library
materials under the ESEA, Title IV-B Program, he presented same; whereupon, Mr.
Landis offered the following emergency Ordinance: ~'
(#25472) AN ORDINANCE to amend and reordain certain sections of the
1980-81 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 386.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ...................................................... 7.
NAYS: None ........................................................ O.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 3:30 p.m., the Mayor declared the meeting recessed.
At 5:30 p.m., the meeting reconvened in the Council Chamber with
Mayor Taylor presiding and all members of the Council present.
YOUTH SERVICES CITIZEN BOARD: The Mayor called to the attention of
Council that there is a vacancy on the Youth Services Citizen Board created by
the resignation of Mr. Bruce R. S. Briggs, for a term ending May 31, 1982, and
called for nominations to fill the vacancy.
Mr. Harvey placed in nomination the name of Mr. Cyril J. Goens, Jr.
ACTION:
ACTION:
ACT ION:
ACTION:
ACTION:
ATTEST:
There bein8 no further nominations, Mr. Goens was elected as a member
of the Youth Services Citizen Board to fill the unexpired term of Hr. Bruce R.
S. Briggs, ending May 31, 1982, by the following vote:
FOR MR. GOENS: Council members Bowles, Butler, Garland, ~arvey,
Landis, Thomas and Mayor Taylor ..............................................
STEERING CO~IITTEE--ROANOKE NEIGHBORHOOD PARTNERSHIP: The Mayor
advised of the need to appoint two additional members to the Steering Com~ittee--
Roanoke Neighborhood Partnership, end opened the floor for nominations.
Mrs. Bowles placed in nomination the name of Mr. William B. Houck, Jr.
Mr. Garland placed in nomination the n~-~ of Mr. Robert B. McClelland.
There being no further nominations, Messrs. Houck end McClelland were
elected as members of the Steering Committee--Roanoke Neighborhood Partnership
for terms commencing on January 26, 1981, and ending at any time after the
duties and responsibilities of the Steering Co~ittee have been fulfilled, by
the following vote:
FOR MESSRS. HOUCK AND MCCLELLAND: Council members Bowles, Butler,
Garland, Harvey, Landis, Thomas and Mayor Taylor ............................. 7.
Inasmuch as Mr. McClelland is not a City resident, Mr. Garland moved
that the city residency requirement be waived in this instance. The motion was
seconded by Dr. Butler and unanimously adopted.
HEALTH: The Mayor called to the attention of Council that the two
year terms of Messrs. Grady P. Gregory, Jr., and Eugene Traylor as members of
the Housing and Hygiene Board will expire on January 31, 1981, that Mr. Traylor
has declined to serve another term, and called for nominations to fill the
vacancies.
Mr. Thomas placed in nomination the name of Mr. Grady P. Gregory, Jr.
There being no further nominations, Mr. Gregory was reelected as a
member of Housing and Hygiene Board for a term of two years ending January 31,
1983, by the following vote:
FORM l{. GREGORY: Council members Bowles, Butler, Garland, Harvey,
Landis, Thomas and Mayor Taylor .............................................. 7.
The Mayor requested that Dr. Butler find a replacement for Mr. Traylor
on the Housing and Hygiene Board.
There being no further business, the Mayor declared the meeting
adjourned at 5:35 p.m.
APPROVED
City Clerk
Mayor
14'3
144
REGULAB WEEKLY SESSION ..... ROANOKE CITY COUNCIL
February 2, 1981
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the Council
Chamber in the Municipal Building, City of Roanoke, on M~nday, February 2, 1981, at 2:00
p.m., the regular meeting hour, withMayor Noel C. Taylor presiding.
PRESENT: Council members Elizabeth T. Bowles, Wendell H. Butler, Robert A.
Garland (arrived at 2:10 p.m.), Charles L. Landis, Hampton W. Thomas and Mayor Noel C.
Taylor ................................................................................. 6.
ABSENT: Councilman James G. Harvey, II ...................................... i.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. Sam H. McGhee, III,
Assistant City Manager; Mr. Wilburn C. Dibling, Jr., City Attorney; Mr. William X Parsons,
Assistant City Attorney; Mr. Joel M. Schlanger, Director of Finance; amd Mrs. Mary F.
Parker, City Clerk.
The invocation was delivered by the Reverend Walter M. Lockett, retired Methodist
minister.
The Pledge of Allegiance to the Flag of the United States of America was led by
Mayor Taylor.
ACTION:
SCHOOLS-ACTS OF ACKNOWLEDGEMENT: Dr. Butler offered the following
Resolution commending Mrs. Carol T. Yosafat for being selected by the Virginia
State Department of Education as Teacher of the Year in the Commonwealth of
Virginia:
(#25473) A RESOLUTION commending Mrs. Carol T. Yosafat for being
selected by the Virginia State Department of Education as Teacher of the Year
in the Co~onwealth of Virginia.
(For full text of Resolution, see Resolution Book No. 46, page 386.)
Dr. Butler moved the adoption of the Resolution. The motion was
seconded by Mr. Landis and adopted by the following vote:
AYES: Council members Bowles, Butler, Landis, Thomas and Mayor
Taylor ..................................................................... 5.
NAYS: None ...................................................... 0.
(Mr. Garland had not arrived at the meeting.) (Mr. Harvey was absent.)
The Mayor presented Mrs. Yosafat with a framed and certified copy of
the Resolution along with a Key to the City.
At this point, 2:10 p.m., Mr. Garland entered the meeting.
PROCLAMATIONS: The Mayor presented a proclamation declaring the
period of February 6 - 15, 1981, as Roanoke Black Heritage Celebration in the
City of Roanoke.
(For full text, see procl~ation on file in the City Clerk's Office.)
ACTS OF ACKNOWLEDGEMENT: Ms. Judith O. Perfater, Retail Advertising
Manager, The Roanoke Times and World-News, appeared before Council and presented
an award to the City of Roanoke which was received by The Roanoke Times and
World-News for the City of Roanoke's Performance Report, advising that the
award is the result of their Annual Creative Advertising Contest judged by the
Newspaper Advertising Bureau in New York and the City of Roanoke's Performance
Report is the 1981 first place winner.
SCHOOLS: Pursuant to Chapter 9, Education, of the Code of the City
of Roanoke, 1979, establishing a procedure for the election of School Board
Trustees, the Mayor advised that on June 30, 1981, the three year term of Ms.
Jayne A. Thomas and the term of Mr. George W. Harris, Jr., who was appointed to
fill the unexpired term of Dr. Wendell H. Butler, as Trustees of the Roanoke
City School Board will expire, that on or before May 15, 1981, Council will
hold an election to fill the vacancies, that applications for the two upcoming
vacancies may be obtained in the City Clerk's Office, that the deadline for
receipt of applications is Tuesday, March 10, 1981, and anyone having questions
in regard to the selection process is encouraged to contact the City Clerk's
Office.
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the City Council and would be enacted by one
motion in the forms listed on the agenda, and if discussion was desired, that
item would be removed from the Consent Agenda and considered separately. He
advised that included on the Consent Agenda were three requests for Executive
Sessions to discuss matters of potential litigation, personnel and pending
litigation.
145
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
COUNCIL: A co~mnlca~ion from the Mayor requesting that Council meet
in Executive Session to discuss personnel matters, was before the body.
(For full text, see co~auntcation on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the request. The motion was
seconded by Hr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Landis, Thomas and
Mayor Taylor ............................................................... 6.
NAYS: None ......................................................... 0.
(Mr. Harvey was absent.)
COUNCIL: A report of the City Attorney requesting an Executive Session
to discuss two matters of pending litigation, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Hrs. Bowles moved that Council concur in the request. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Landis, Thomas and
Mayor Taylor .................................................................. 6.
NAYS: None ......................................................... 0.
(Mr. Harvey was absent.)
PENDING ITEMS: A list of items pending from February 7, 1977, through
January 26, 1981, was before Council.
(For full text, see list on file in the City Clerk's Office.)
Mrs. Bowles moved that the list be received and filed. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Landis, Thomas and
Mayor Taylor .................................................................. 6.
NAYS: None ........................................................ O.
(Mr. Harvey was absent.)
ZONING: The qualification of Mr. Walter L. Wheaton as a member of
the Board of Zoning Appeals, was before Council.
(See Oath of Office on file in the City Clerk's Office.)
Mrs. Bowles moved that the qualification be received and filed. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Landis, Thomas and
Mayor Taylor .................................................................. 6.
NAYS: None .......................................................... O.
(Mr. Harvey was absent.)
COUNCIL: An oral request of the City Manager for an Executive Session
to discuss a matter of potential litigation, was before Council.
Mrs. Bowles moved that Council concur in the request. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowies, Butler, Garland, Landis, Thomas and
Mayor Taylor .................................................................. 6.
NAYS: None ......................................................... O.
(Mr. Harvey was absent.)
At 2:20 p.m., the Mayor declared the meeting recessed.
At 2:35 p.m., the meeting reconvened with Mayor Taylor presiding and
all members of Council present, with the exception of Mr. Harvey, in the Council
Chamber.
CITY ASSESSOR: The Mayor advised that for some time the City Council
acting as the Personnel Committee has been endeavoring to fill the position of
City Assessor and called upon Mrs. Bowles, Chairperson of the Personnel Committee
for a nomination.
Mrs. Bowles placed in nomination the name of Mr. James L. C. McKenzie.
Mr. Thomas moved that the nominations be closed. The motion was
seconded by Dr. Butler and adopted.
146
Hr. Hcl~nzie was then elected as City Assessor of the City of Roanoke
co--~nctng February 2, 1981, by the follovtng vote:
FOR HR. MCKENZIE: Council members Bo~les, Butler, Garland, Landis,
Thomas and Mayor Taylor ....................................................... 6.
(Mr. Harvey .as abseut. )
The Mayor requested that the City Clerk read the following letter
from Councilman Harvey:
"January 30, 1981
Honorable Mayor Noel C. Taylor
Roanoke,
Virginia
Dear Mayor Taylor:
As you know, I will not be present at the Council meeting
on Monday, February 2 inasmuch as I will be out of the City
on business.
As I write this letter, I am not certain that Council will
be voting on the election of a new City Assessor; however,
if the Council elects Mr. McKenzie to the position on Mon-
day, I would respectfully request that you let it be known
and I would like for the record to show that had I been
present, my vote would have been cast in favor of Mr.
McKenzie's election.
Your cooperation will be appreciated and you have my best
wishes for a successful Council meeting on Monday.
Sincerely,
S/ James G. Harvey, II
James G. Harvey, II"
On behalf of the Council, the Mayor read the following News Release:
"The members of Roanoke City Council have unanimously elected
Mr. James L. C. McKenzie to the position of City Assessor at
a salary of $30,839.12 annually.
Mr. McKenzie was assigned to the position of Acting Assessor
by the Director of Finance and has served in that capacity
for the past ten weeks. During that time the following
steps were taken to improve the operation of the Assessor's
Office and make it more efficient:
(1) The office was temporarily reorganized and the
deputies were given specific assignments.
(2)
The office has been remodeled in order to create
the needed privacy for citizens and to establish
better working conditions.
(3)
The computer assisted appraisal system (SCAMUS) is
being studied in an effort to correct any deficien-
cies that may exist.
These actions were brought into being by discrepancies in the
assessments, inefficiencies in the office and the question-
able accuracy of the computer.
We believe that Mr. McKenzie possesses the leadership quali-
ties that will make the Assessor's Office a more successful
operation.
Mr. McKenzie received his Bachelor of Business Administration
Degree in Accounting from The American University, Washington,
D. C., in 1972. He holds a Certificate in Management Informa-
tion Systems which he earned at the University of Pennsyl-
vania, Philadelphia, Pennsylvania, in 1973. He earned the
Master of Business Administration Degree in Finance from the
Virginia Polytechnic Institute and State University, Blacks-
burg, Virginia, in 1976.
It is the desire of this Council to make the Assessor's
Office one of the most efficient and effective components
of our City's organizational structure. We believe that
Mr. McKenzie's academic background and his experience in
the area of management will prove to be definite assets in
operating the Assessor's Office."
AGENDA
ACTION:
ACTION:
ACTION:
HEA~ING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND CO~CONICATIONS:
HANDICAPPED PERSONS: Ms. Sheryl U. English, Miss Wheelchair Virginia
1980, appeared before Council and requested that Council adopt an Ordinance to
provide that it would be illegal to park in the reserved designated handicapped
parking spaces without proper identification in or on a vehicle, and to impose
a fine for violation thereof.
Ha. English further requested that when other disabled persons attend
Council meetings that the microphones be more readily accessible, and that a
parking space or spaces be designated in the parking lot on Second Street, S. W.,
for handicapped persous.
(See co~unication on file in the City Clerk's Office.)
Ms. Marika Byrd, Department of Rehabilitative Services, appeared
before Council and reiterated the remarks of Ms. English.
Mrs. Bowles advised that the City Attorney had furnished her with a
legal opinion in regard to the matter, noting that it is a violation of local
Ordinance for a non-handicapped person to park in a space reserved for a handi-
capped person on a public street, but it is not a violation of the local Ordinanc
for a non-handicapped person to park in a space in a private shopping center.
Mrs. Bowles then moved that the matter be referred to the City Manager
for study, report and recommendation to Council. The motion was seconded by
Mr. Garland and adopted.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
BUDGET: The Assistant City Manager submitted a written report of the
City Manager in regard to the status of General Fund revenues and expenditures,
advising that previously Council requested that the 1981 budget be reviewed and
that fixed and flexible budget commitments be identified and a percentage of
the budget be set aside and released quarterly to the departments at the discre-
tion of the City Manager and Director of Finance. Mr. HcGhee further advised
that the current situation is that a computerized, monthly expenditure allotment
system was established in August, 1980 for each department; personnel lapse
funds have been budgeted at $642,500.00 and are evaluated after each pay period;
vacant positions are analyzed and determined to be necessary prior to advertising
and non-critical vacant positions generally remain vacant in excess of 60
days; administrative controls have been placed on certain allocations to insure
either no expenditure beyond a certain balance, or the accumulation of additional
lapse funds; additional briefings and recommendations will be given to the City
Council as the situation warrants but not later than the April Financial and
Planning Session; and transmitting a recap of expenditures versus revenues.
(For full text, see report on file in the City Clerk's Office.)
Mr. George E. Franklin, Jr., 1715 Loudon Avenue, N. W., appeared
before Council and expressed concern over the revenue base which seems to be
centered around business licenses, personal property taxes and real estate
taxes, noting that policy makers should begin to look at policy within the
City that would facilitate the growth of capitalism from the individual citizen
base, viz: more homeowners and more businesses, etc.
Mr. Garland moved that the report be received and filed. The motion
was seconded by Dr. Butler and adopted.
BUDGET-PLANNING-GRANTS: Mr. Brian Wishneff, Chief of Economic Develop-
ment and Grants, appeared before Council and presented a briefing concerning
the fiscal 1981-82 Community Development Block Grant budget, advising that it is
anticipated, but the City does not have a final figure from HUD, of about
$2,350,000 in the next fiscal year, $2.3 million from community development
allocation and $50,000 from parking lot receipts. In relation to the above
remarks of Mr. Franklin, he noted that the Community Development Block Grant
budget emphasizes the fact that the City is encouraging home ownership and is
trying to strengthen the economic base of the neighborhoods and the business
community.
(See i981-82 Community Development Block Grant budget proposal and 1981-82
Co~m~unity Development Block Grant Program Project Summaries on file in the
City Clerk's Office.)
Mrs. Bowles moved that the report be received and filed. The motion
was seconded by Dr. Butler and adopted.
147
148
ACTION:
ACTION:
ACTION:
ACTION:
COUNCIL-CITY E~PLOYEES-PENSlON: The City Manager, City Attorney and
Director of Finance submitted a Joint ~rritten report recommending approval of a
measure to adopt a Deferred Compensation Plan for all city employees, authortzatiol
to execute required contracts, and development of necessary strategies.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis moved that Council concur in the reco-~endation. The
motion was seconded by Mr. Thomas and adopted.
CITY ATTORNEY:
LEGISLATION: The City Attorney submitted a written report in regard
to pending legislation as follows:
House Bill 1735 which would allow any person to recover reason-
able attorneys' fees and costs from public entities if such
person substantially prevails on the merits of a case.
House Bill 1457 which authorizes a method of petition for
amendment of municipal charters by the registered voters
of cities and towns.
House Bill 652 which would completely revise the financial
procedures applicable to local governments and would make
many undesirable changes in present financial procedures.
House Bill 1233 which is enabling legislation that would
permit local governments to make time purchases of real
estate.
House Bill 1330 which would require the State to reimburse
local governments for sewage facility improvements even if
the local government voluntarily proceeded with the
construction.
House Bill 1575 which would permit collective bargaining for
public employees.
House Bill 1231 which would eliminate the service charges
levied by the City against property of the Co~onwealth in
lieu of taxation.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas moved that Council concur in the report and that the City
Attorney be authorized to proceed with positions outlined in his report. The
motion was seconded by Mr. Garland and adopted.
DIRECTOR OF FINANCE:
BUDGET-HOUSING-PLANNING-GRANTS: The Director of Finance submitted a
written report reco~m~ending the appropriation of $10,294.08 in program income
received from the City of Roanoke Redevelopment and Housing Authority.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#25474) AN ORDINANCE to amend and reordain certain sections of the
1980-81 Grant Programs Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 387.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Landis, Thomas and
Mayor Taylor ................................................................ 6.
NAYS: None ......................................................... O.
(Mr. Harvey was absent.)
REPORTS OF COMMITTEES:
SEWERS AND STORM DRAINS: Councilman Thomas, Chairman of the Water
Resources Committee, submitted a written report of the Committee, reco~nending
that Council concur in the Administration's recommendation to stop imposing and
collecting the Industrial Cost Recovery Charges (Class III User Charges);
request Environmental Protection Agency reimbursement for overpayment past
January 1, 1978; make appropriate reimbursements to the local governments; and
credit local industries with 90 per cent of their reapective overpayments toward
future sewage treatment fees.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas moved that Council concur in the recommendations and that
the report be referred to the City Attorney for preparation of the proper measure
or measures. The motion was seconded by Dr. Butler and adopted.
ACTION:
ACTION:
ACTION:
ACTION:
SEWERS A~D STORM DRAINS-CITY ~LOYEE8: Councilman Thomas, Chair--
of the Water Resources Committee, submitted a written report of the Co~-ittee,
recommending approval of the position of Agronomist for the Sewage Treatment
Plant at salary Range 18, and that funds be appropriated therefor.
(For full text, see report on file in the City Clerk's Office.)
Mx. Thomas offered the following emergency Ordinance appropriating
$5,452.00 to Salaries and Wages and $1,473.00 to Fringe Benefits of the 1980-81
budget:
(t25475) AN ORDINANCE to amend and reordain certain sections of the
1980-81 Sewage Treatment Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 388.)
Mr. Thomas moved the adoption of the Ordinance. The motion was secondei
by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Landis, Thomas and
Mayor Taylor ................................................................... 6.
NAYS: None ....................................................... O.
(Mr. Harvey was absent.)
WATER DEPARTMENT-SEWERS AND STORM DRAINS: Councilman Thomas, Chairman
of the Water Resources Comittee, submitted a written report of the Committee,
recommending that Roanoke County be reimbursed in the amount of $17,767.57 for
the newly constructed segment of water line in Dent Road, N. W., located in
Roanoke County.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas offered the following Resolution:
(#25476) A RESOLUTION authorizing the appropriate City officials to
reimburse Roanoke County for the cost of constructing the new segment of water
line in Dent Road, N. W., Roanoke County.
(For full text of Resolution, see Resolution Book No. 46, page 388.)
Mr. Thomas moved the adoption of the Resolution. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Landis, Thomas and
Mayor Taylor ............................................................... 6.
NAYS: None ........................................................ 0.
(Mr. Harvey was absent.)
AIRPORT: The Airport Advisory Commission having previously submitted
a written report recommending that the request of First Virginia Bank for
access easement to Donahoe Drive be granted upon certain conditions, the Mayor
advised that the Chairman of the Airport Advisory Commission had requested that
the report be withdrawn.
Mr. Thomas moved that Council concur in the request to withdraw the
report. The motion was seconded by Mr. Garland and adopted.
BUDGET-SEWERS AND STORM DRAINS: Councilman Landis, Chairman of the
committee appointed by the Mayor to tabulate bids received for new Lagoon No. 5
and an addition to Lagoon No. 1 at the Sewage Treatment Plant, submitted a
written report of the committee recommending that the bid of J & H Grading
Company, Incorporated, for the total sum of $201,829.00, be accepted, and that
an additional appropriation of $223,000.00 be included in Restoration and
Construction of the Sewage Treatment Plant budget.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance providing for
appropriation of $223,000.00 to Restoration and Construction of the 1980-81
Sewage Treatment Fund Appropriation Ordinance:
(#25477) AN ORDINANCE to amend and reordain certain sections of the
1980-81 Sewage Treatment Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 389.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Landis, Thomas and
Mayor Taylor ................................................................ 6.
NAYS: None ....................................................... 0.
(Mr. Harvey was absent.)
:149
1_50
ACT ION:
ACTION:
ACTION:
ACTION:
Mr. Landis offered the following emergency Ordinance accepting the
bid of J & H Grading Company, Incorporated:
(~25478) A~ ORDINANCE providing for the construction of a new lagoon
and an addition to a lagoon at the Sewage Treatment Plant, upon certain terms
and conditions, by accepting the lowest bid made to the City; authorizing
execution of the requisite contract; rejecting certain other bids; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 389.)
Mr. Landis moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Landis, Thomas and
Mayor Taylor ............................................................... 6.
NAYS: None ..................................................... 0.
(Mr. Harvey was absent.)
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: NONE.
INDUSTRIES: Pursuant to Resolution No. 25345 adopted by the Council
on Monday, October 13, 1980, providing for the appointment of a Roanoke Valley
Industrial Fact Finding Commission, five members to be appointed by the City of
Roanoke and five members to be appointed by Roanoke County, the Mayor advised
that with the concurrence of Council, he would like to appoint the following
persons as members from the City of Roanoke: Mr. A. B. Coleman, Mr. Beverly T.
Fitzpatrick, Jr., Mr. Lucian Y. Grove, Mr. James E. Jones and Mr. Robert W. Woody.
The Mayor further advised that he had conferred with past Roanoke
County Board of Supervisors' Chairman Lawrence E. Terry and they had mutually
agreed that Mr. James E. Jones will serve as Chairman of the Comission.
Mr. Landis moved that Council concur in the Mayor's appointments.
The motion was seconded by ~s. Bowles and adopted.
HEALTH: There being a vacancy on the Mental Health Services Board for
a term of three years ending December 31, 1983, inasmuch as Mr. Francis I.
Persinger is ineligible to serve another term since the Code of Virginia provides
that a member may serve no more than two successive three year terms, the Mayor
called for nominations to fill the vacancy.
Mrs. Bowles placed in nomination the name of Mr. Charles L. Williams,
Jr.
There being no further nominations, Mr. Williams was elected as a
member of the Mental Health Services Board for a term of three years ending
December 31, 1983, by the following vote:
FOR MR. WILLIAMS: Council members Bowles, Butler, Garland, Landis,
Thomas and Mayor Taylor ...................................................... 6.
(Mr. Harvey was absent.)
OTHER HEARINGS OF CITIZENS: NONE.
At 3:55 p.m., the Mayor declared the meeting recessed.
At 4:45 p.m., the meeting reconvened with Mayor Taylor presiding and
all members of Council present, with the exception of Mr. Harvey, in the Council
Chamber.
SEWERS AND STORM DRAINS-EASEMENTS-SALE/PURCHASE OF PROPERTY: Mr.
Landis offered the following emergency Ordinance authorizing appropriate City
officials to negotiate the settlement of certain conde~aation actions in connectiol
with the Southern Hills Storm Drain Project, viz:
Ernest Arrington: Compensation of $3,000 plus the City's taking
of the landowners' entire tract lying on the east side of
Southern Lane, S. W., Roanoke, Virginia, Official Tax No.
5480716;
G. H. Board:
Compensation of $6,000.00;
Roy C. Kinsey Sign Company, Inc.:
Compensation of $21,031.00.
(#25479) AN ORDINANCE authorizing the appropriate City officials to
negotiate the settlement of certain conde~ation actions in connection with the
Southern Hills Storm Drain Project; repealing in part a prior ordinance on this
subject; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 390.)
Hr. Landis ~oved the adoption of the Ordinance. The motion was seconded
by Hr. Thomas and adopted by the follo~-ng vote:
AYES: Cooncil members Bowles, Butler, Garland, Landis, Thomas and
Hayor Taylor ........ 6.
NAYS: None -- _
(Hr. Harvey was absent.)
There being no further business, the Hayor declared the meeting adjournei
at 4:50 p.m.
APPROVED
ATTEST:
City Clerk
Mayor
151
152
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
February 9, 1981
7:15 p.m.
The Council of the City of Roanoke met in regular meeting in the Council Cb-mber
in the Municipal Building, 215 Church Avenue, S. W., on Monday, February 9, 1981, at 7:15
p.m., with Mayor Noel C. Taylor presiding.
PRESENT: Council members Elizabeth T. Bowles, Wendell H. Butler, Robert A.
Garland (arrived at 7:25 p.m.), James G. Harvey, Il, Charles L. Landis, Hampton W. Thomas
and Mayor Noel C. Taylor ............................................................... 7.
ABSENT: None ................................................................. 0.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. Sum H. McGhee, III, Assistan~
City Manager; Mr. Wilburn C. Dibling, Jr., City Attorney; Mr. William X Parsons, Assistant
City Attorney; Mr. Joel M. Schlanger, Director of Finance; and Mrs. Mary F. Parker, City
Clerk.
The invocation was delivered by the Reverend Robert Hutchison, Associate Pastor,
Evangel Foursquare Gospel Church.
The Pledge of Allegiance to the Flag of the United States of America was led by
Mayor Taylor.
SCHOOLS: Pursuant to Chapter 9, Education, of the Code of the City of
Roanoke, 1979, establishing a procedure for the election of School Board Trustees,
the Mayor advised that on June 30, 1981, the three year term of Ms. Jayne A.
Thomas and the term of Mr. George W. Harris, Jr., who was appointed to fill the
unexpired term of Dr. Wendell H. Butler, as Trustees of the Roanoke City School
Board will expire, that on or before May 15, 1981, Council will hold an election
to fill the vacancies, that applications for the two upcoming vacancies may be
obtained in the City Clerk's Office, that the deadline for receipt of applications
is Tuesday, March 10, 1981, and anyone having questions in regard to the selection
process is encouraged to contact the City Clerk's Office.
TAXES: The Mayor advised that included under the Hearing of Citizens
Upon Public Matters section of the agenda is a request of the Concerned Citizens
and Taxpayers of the City of Roanoke to address Council concerning the property
tax rate, and in view of numerous requests of citizens that the Council meeting
be moved to the Roanoke Civic Center Exhibit Hall, the Mayor advised that on
Friday, February 6, 1981, he issued the following News Release requesting that
the regular weekly session of the Council scheduled for Monday, February 9,
1981, at 7:30 p.m., convene fifteen minutes earlier at 7:15 p.m., in an effort
to conclude the work on the agenda items, with the exception of the Hearing of
Citizens Upon Public Matters, by 8:15 p.m., at which point he would like to recess
the regular meeting of Council with the intention of reconvening the meeting at
8:30 p.m., in the Civic Center Exhibit Hall:
"NEWS RELEASE
February 6, 1981
As Mayor of the City of Roanoke, I wish to respectfully re-
quest that the regular weekly session of the Roanoke City
Council scheduled for Monday, February 9, 1981, at 7:30 p.m.,
will convene fifteen minutes earlier at 7:15 p.m. All members
of City Council and City Administrators are requested to be
present at that time. It is my opinion that we can conclude
the work on the agenda items with the exception of the
Hearing of Citizens Upon Public Matters by 8:15 p.m. At
that point, I will recess the regular meeting of Council with
the intention of reconvening the meeting at 8:30 p.m., in the
Civic Center Exhibit Hall. This will give us an opportunity
to respond to the citizen's request to come before Council
and it will enable our citizens to have convenient parking
and a comfortable seating arrangement.
I have asked our City Attorney to prepare the necessary Reso-
lution which will enable us to move the meeting to the Ex-
hibit Hall following the recess. The Code of the City of
Roanoke (1979) states in Article II, entitled City Council,
Page 244 that, 'Except as otherwise provided by Ordinance or
Resolution of Council, all meetings of the Council shall be
held in the Council Chambers, Room 450, of the Municipal
Building in the City.' I will ask the members of Council to
act positively on the Resolution authorizing the moving of
the meeting from City Council Chamber to the Civic Center
Exhibit Hall.
Inasmuch as we are recessing to reconvene at 8:30 p.m., in
the Exhibit Hall, no fee will be required of the Concerned
Citizens and Property Owners of the City of Roanoke and I
further suggest that if any fee has been collected that it
will be returned to the group.
ACTION:
ACTION:
ACTION:
It is my b,,~hle opinion that the aforementioned action will
enable us to carry out the business of our regular weekly
session and provide us the opportunity of listening to the
Concerned Citizens and Property Owners of the City of
Roanoke. My experience has been that reasonable solutions
can be obtained for problem~ that exist when we work to-
gether in a spirit of cooperation end understanding.
All of us must struggle for the unity of our City. We must
be united under God for in union there is strength and with-
out it the greatest City is sure to fail. Ail of us have
dreamed of better things for our City.
Although we live in times troubled by economic unrest, we
will continue to forge our way ahead to a better day. Roanoke
is our City and it must continue to stand as an anchor of hope
and a haven of liberty, a City that continues to forge its way
ahead to a better day. I trust that all of us will work to-
gether harmoniously to that end.
Noel C. Taylor, Mayor
City of Roanoke"
Dr. Butler offered the following Resolution:
(#25480) A RESOLUTION relating to meeting places for the regular
meeting of the Council of the City of Roanoke to be held on February 9, 1981.
(For full text of Resolution, see Resolution Book No. 46, page 390.)
Dr. Butler moved the adoption of the Resolution. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Butler, Harvey, Landis, Thomas and
Mayor Taylor .................................................................. 6.
NAYS: None ......................................................... O.
(Mr. Garland had not arrived at the meeting.)
At this point, 7:25 p.m., Mr. Garland entered the meeting.
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the City Council and would be enacted by one
motion in the forms listed on the agenda, and if discussion was desired that
item would be removed from the Consent Agenda and considered separately. He
advised that previously included were requests for Executive Sessions to discuss
a personnel matter and a matter relating to negotiations on terms and conditions
of a contract; whereupon, the Mayor advised that in the interest of time he
would like to withdraw his request for an Executive Session to discuss personnel
matters and the City Manager also advised that in the interest of time he would
like to withdraw his request to discuss negotiations on terms and conditions of
a contract.
MINUTES: Minutes of the regular meeting of Council held on Monday,
January 12, 1981; the special meeting held on Monday, January 19, 1981; and the
regular meeting held on Monday, January 26, 1981, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mrs. Bowles moved that Council dispense with the reading of the minutes
and that they be approved as recorded. The motion was seconded by Dr. Butler
and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor .............................................................. 7.
NAYS: None ......................................................... O.
HOUSING: A communication from Mr. Clark M. Thomas tendering his
resignation as a member of the Fair Housing Board, 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 Dr.
Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ................................................................ 7.
NAYS: None ........................................................... 0.
153
154
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
RADIO-TELEVISION: A progress report from Roanoke Valley Cableviston,
Incorporated, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that the report be received amd filed. The motion
was seconded by Dr. Butler and adopted by the following vote:
AYES: Couacil members Bowles, Butler, Garland, Marvey, Landis,
Thomas amd Mayor Taylor .................................................. 7.
NAYS: None ..................................................... 0.
YOUTH SERVICES CITIZEN BOARD: The qualification of Mr. Cyril J.
Goens, Jr., as a member of the Youth Services Citizen Board, was before Council.
(See Oath of Office on file in the City Clerk's Office.)
Mrs. Bowles moved that the qualification be received and filed. The
motion was seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor .............................................................. 7.
NAYS: None ......................................................... 0.
ASSESSOR: The qualification of Mr. 3ames L. C. McKenzie as Assessor
of the City of Roanoke, was before Council.
(See Oath of Office on file in the City Clerk's Office.)
Mrs. Bowles moved that the qualification be received and filed. The
motion was seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ........................................................... 7.
NAYS: None .......................................................... 0.
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
(To be taken up at 8:30 p.m., at the Roanoke Civic Center Exhibit Hall.)
PETITIONS AND CO}~MUNICATIONS:
SEWERS AND STORM DRAINS: A communication from Governor John N. Dalton
with regard to the City's request for enactment of legislation to provide State
financial assistance for additional sludge disposal capability at the Sewage
Treatment Plant, advising that to recognize the particular need of one locality
without giving proper consideration to the needs of so many others would establish
an untenable precedent, was before Council.
(For full text, see comunication on file in the City Clerk's Office.)
Mr. Thomas moved that the comunication be received and filed. The
motion was seconded by Mrs. Bowles and unanimously adopted.
REPORTS OF OFFICERS:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
TRAFFIC-STATE HIGHWAYS-GRANTS: The City Manager submitted a written
report concerning the request for authorization to file preliminary application
for $210,000.00 of Federal Highway Administration funds for a Pavement Marking
Demonstration Program in the City of Roanoke.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler offered the following Resolution:
(#25481) A RESOLUTION authorizing the City Manager to file a pre-
liminary application with the United States Department of Transportation, Federal
Highway Administration, for a $210,000 grant to fund a pavement marking demonstra-
tion project in the City.
(For full text of Resolution, see Resolution Book No. 46, page 391.)
Dr. Butler moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Coancil members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ...................................................... 7.
NAYS: None ........................................................ 0.
ACT ION:
ACTION:
ACTION:
ACTION:
SEWERS AND STORM DBAINS-STP, EETS AND ALLEYS: The City Mamager submitted
a written report recommending authorization to accept the dedication of a portion
of Lytham Drive, S. W., from Nelson A. and Ruby Y. Martin, for street purposes in
connection with construction of the Norwood Street Storm Drain Project.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas offered the following emergency Ordinance:
(#25482) A~ ORDINANCE authorizing the City Hanager to accept the
dedication of a portion of Lytham Drive, S. W.; amd providing for am emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 391.)
Hr. Thomas moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................. 7.
NAYS: None ........................................................ O.
HOUSING: The City Manager submitted a written report recommending
formal designation of the City of Roanoke Redevelopment and Housing Authority as
the Local Urban Homesteading Agency.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following Resolution:
(#25483) A RESOLUTION designating the Roanoke Redevelopment and Housin
Authority as the City's local urban homesteading agency.
(For full text of Resolution, see Resolution Book No. 46, page 392.)
Mr. Landis moved the adoption of the Resolution. The motion was second
ed by Mrs. Bowies and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................. 7.
NAYS: None ........................................................ O.
SEWERS AND STORM DRAINS: Council at its meeting on February 2, 1981,
having instructed the City Attorney to prepare the proper measure providing for
elimination of the Industrial Cost Recovery Program in connection with sewage
treatment charges for industries; a request for a refund of certain ICR funds
from the United States of America; the reimbursement of certain of these funds to
the City of Salem and Town of Vinton; and the establishment of a credit on sewer
service charges for certain City industries to give them the benefit of such a
refund, if it should be granted, Mrs. Bowles offered the following emergency
Ordinance:
(#25484) AN ORDINANCE amending and reordaining Section 26-43, Defini-
tions, subsection (c) of Section 26-59, User charges and added costs, and Section
26-60, Schedule of charges, of the Code of the City of Roanoke (1979), as amended,
in order to eliminate the Industrial Cost Recovery feature from the system of
charges for users of sanitary sewer facilities; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 392.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was second-
ed by Mr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ..................................................................
NAYS: None .............................................................
Mr. Thomas offered the following Resolution in regard to reimbursement:
(#25485) A RESOLUTION requesting reimbursement from the United States
of America of certain Industrial Cost Recovery sewage treatment charges; and
authorizing the proper City officials to reimburse certain local governments for
funds paid to the City pursuant to the Industrial Cost Recovery Program and to
establish a sewage treatment charge credit for certain city industries to give
them the benefit of any reimbursement received.
(For full text of Resolution, see Resolution Book No. 46, page 396.)
Mr. Thomas moved the adoption of the Resolution. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................. 7.
NAYS: None ......................................................... 0.
.155
1.56
ACTION:
ACT ION:
ACTION:
DIRECTOR OF FINANCE:
BUDGET-GRANTS-SHERIFF: The Director of Finance submitted a written
report reco~ending certain appropriation adjustments in connection with the
close-out of Sheriff's Training Grant No. 80-5161.
(For full text, see report on file in the City Clerk's Office.)
Hr. Landis offered the following emergency Ordinance:
(#25486) Al/ ORDINANCE to amend and reordain certain sections of the
1980-81 Grant Program~ Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 396.)
Hr. Landis moved the adoption of the Ordinance. The motion was
by Hr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ................................................................ 7
NAYS: None ........................................................... O.
CITY ASSESSOR:
CITY ASSESSOR'S OFFICE: The City Assessor appeared before Council and
presented a written report in regard to reorganization of the Office of City
Assessor, recommending that the Office of City Assessor and the position of
Assessor be redesignated the Office of Real Estate Valuation and the Director of
Real Estate Valuation, respectively.
(For full text, see report on file in the City Clerk's Office.)
The City Attorney submitted a written report advising that by Ordinance
No. 24842 adopted on September 10, 1979, Council temporarily assigned the Office
of City Assessor to the Directorate of Finance and provided that such assignment
would remain effective until further action of Council, noting that he has been
advised that Council is desirous of restoring the Assessor's Office to its former
status as set forth in Sections 4 and 5 of Chapter 2, Title VI, Code of the City
of Roanoke (1956), as amended, and transmitting an Ordinance which will accomplish
this purpose and those recomendations made by Mr. McKenzie in the above report.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas offered the following emergency Ordinance:
(#25487) AN ORDINANCE repealing Ordinance No. 24842, adopted September
10, 1979; amending and reordaining Section 32-1, Definitions, of the Code of the
City of Roanoke (1979), as amended; amending the Code of the City of Roanoke
(1979), as amended, by enacting new Sections 32-36, Director of Real Estate
Valuation, 32-37, Appointment and term, and Section 32-37.1, General powers and
assistants; the repealed ordinance, the amended section of the City Code and the
added sections of the City Code relating to renmmtug the City Assessor as Director
of Real Estate Valuation, the position of the new Office of Real Estate Valuation
in the City government structure, appointment and term of the Director of Real
Estate Valuation and general powers of the Director of Real Estate Valuation; and
providing for an emergency.
(For full text .of Ordinance, see Ordinance Book NO. 46, page 397.)
Mr. Thomas moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................ 7.
NAYS: None ......................................................... 0.
Mr. Garland moved that the report of the City Attorney be received and
filed. The motion was seconded by Dr. Butler and unanimously adopted.
REPORTS OF CO~4ITTEES: 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.
Council having commenced the meeting at 7:15 p.m., in order to complete
consideration of agenda items, recess at 8:15 p.m., and reconvene at the Roanoke
Civic Center Exhibit Hall at 8:30 p.m., and Council having agreed to postpone the
Public Hearings portion of the agenda until after 7:30 p.m., inasmuch as legal
advertisements were published to the effect that the public hearings would commenc~
at 7:30 p.m., in the Council Chamber, at this point, 7:45 p.m., the Public
section of the agenda was addressed.
157
ACTION:
PLANNINC,-GRA~TS-HOU$ING: Council having sec a public hearing for
Monday, February 9, 1981, at 7:30 p.m.s or as soon thereafter as the matter could
be heard, relative to the City's application for a sixth year of Community
ment Block Grant funds and the City's Housing Assistance Plan relating thereto,
the matter was before the body.
The City Manager submitted a written report recommending that Council
approve the C.D.B.G. Program and Housing Assistance Plan.
(For full text, see report and 1981-82 proposed budget on file in the City
Clerk's Office.)
Mr. Joseph L. Cason, Executive Director of the Roanoke Valley Business
League, appeared before Council and advised that the League submitted a request
for funding within the C.D.B.G, Program, in the amount of $169,000.00, to provide
contract services in the form of management and technical assistance to minority
and small businesses. He stated that the League has been providing this type
service since 1973 through contracts with the United States Department of Commerce
Office of Minority Business Enterprise, Minority Business Development Agency,
noting that the program has been instrumental in providing needed management and
technical assistance to many businesses in the Roanoke area to enable them to
remain viable and contribute significantly to the City's tax base. He further
stated that the League has worked closely with the City in carrying out its
minority business enterprise requirements under the Economic Development Adminis-
tration's Public Works Project in 1978-79 and has agreed to assist the City in
carrying out its current Affirmative Action commitments in the utilization of
minority businesses, these achievements being made possible in the past through
contracts and grants from the U. S. Department of Commerce, however, the Departmen'
of Cor~merce revised its funding criteria and the League's grant terminated as of
January 31, 1981, and as a result, the Department of Commerce suggested that the
League seek local funding to carry out its program. Mr. Cason said the program
would make available to neighborhood groups and organizations a means by which
to carry out their concerns and improve their neighborhoods through revitalization
and rehabilitation. He requested that Council allow the League to continue its
dialogue with the City Administration with the hope that the City will seriously
consider funding the program previously submitted to the Administration.
Ms. Evangeline Jeffrey, First Vice President of the N. A. A. C. P.,
appeared before Council in support of the request of Mr. Cason, advising that the
N. A. A. C. P. feels that the League provides technical assistance for minority
businesses and if funding is not approved, there will be a great deficit in the
Black community. She requested that Council approve funding for the Roanoke
Business League in the amount of $169,000.00.
Mr. John L. Walker, 1716 Michael Street, N. W., appeared before Council
on behalf of the Roanoke Neighborhood Partnership Program and specifically the
Gllmer Project and spoke in favor of the Partnership Program and the positive
effect on the Gilmer area.
Mr. Edward Miller, Community Development Block Grant Coordinator,
ed the administrative cost of the C. D. B. G. Program.
Following a brief discussion of the C.D.B.G. Program, there being no
further citizens wishing to address the Council, Mr. Thomas offered the following
Resolution:
(#25488) A RESOLUTION authorizing the filing of an application with
the United States Department of Housing and Urban Development for a current grant
of Federal funds to permit implementing, continuing and carrying out a Co~m~unity
Development Block Grant Program.
(For full text of Resolution, see Resolution Book No. 46, page 398.)
Mr. Thomas moved the adoption of the Resolution. The motion was
by Mr. Landis and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Landis, Thomas and
Mayor Taylor .................................................................. 6.
NAYS: None ......................................................... O.
(Mr. Harvey abstained from voting.)
STREETS AND ALLEYS: Pursuant to Resolution No. 21414 the City Clerk
set a public hearing for Monday, February 9, 1981, at 7:30 p.m., or as soon
thereafter as the matter could be heard, on the request of Mr. James Richard
Willis that an 808 square foot unused portion of the public street located between
the public sidewalk along Elm Avenue, So E., and the northern boundary of the
property owned by the petitioner, commonly known as 417 Elm Avenue, S. E., bearing
Official Tax No. 4021411 and a ten foot unused alley located between the western
boundary of property of the petitioner and the property of American Oil Company
as shown on a plat prepared by Raymond C. Weeks, be vacated, discontinued and
closed, the matter was before the body.
A report of the City Planning Commission recommending that the request
be approved, was before Council.
(For full text, see report on file in the City Clerk's Office.)
158
ACTION~
ATTEST:
Hr. Michael K. Smeltzer, Attorney, representing the petitioner, appearei
before Council in support of the request of his client.
No one appearing in opposition to the request, Hr. Thomas moved that
the following Ordinance be placed upon its firet reading:
(#25489) AN ORDINANCE permanently vacating, discontinuing and closing
an 808 square foot unused portion of the public street located between the public
sidewalk along Elm Avenue, S. E., and the northern boundary of the property owned
by James Richard Willis, come,only known as 417 Elm Avenue, S. E., bearing Tax
No. 4020411 and a ten foot unused alley located between the western boundary of
the property of James Richard Willis and the property of American Oil Company,
in the City of Roanoke, Virginia, as are more particularly described hereinafter.
vote:
The motion was seconded by Hr. Harvey and adopted by the following
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................... 7.
NAYS: None ......................................................... 0.
OTHER HEARINGS OF CITIZENS:
TAXES: Mrs. Zemou K. McManaway, 2515 Broad Street, N. W., appeared
before Council and referred to unjust real estate reassessments, advising that
she has never heard so many complaints about the way the City is being operated
and, as a responsible citizen, she would like to bring this information to Council
attention. She advised that citizens are planning to vote against every member of
Council at election time.
Having completed the agenda items, with the exception of Hearing of
Citizens Upon Public Matters, at 8:05 p.m., the Mayor declared the meeting
recessed to reconvene at the Roanoke Civic Center Exhibit Hall at 8:30 p.m.
At 8:30 p.m., the meeting reconvened at the Roanoke Civic Center Exhibi~
Hall with Mayor Taylor presiding and all members of the Council present.
TAXES: The following persons appeared before Council and made oral
presentations in regard to reduction in the property tax rate:
Mr. George T. Hitch,
1255 Lakewood Drive, S. W.
Mr. Howard E. Musser,
3613 Oaklawn Avenue, N. W.
Mr. J. H. Johnson,
1103 Overland Road, S. W.
Mr. Michael Campbell,
1218 Hamilton Terrace, S. E.
Mr. William L. Carr
Mr. Samuel P. Nackley,
1623 Sherwood Avenue, S. W.
Mr. Don Chappell,
Vice President
Raleigh Court Civic League
Mr. Richard E. Clements
Mrs. Bess Dieffenbach,
4433 Arcadia Drive, N. W.
Mrs. Zemon K. McManaway,
2515 Broad Street, N. W.
Mrs. Curtis R. Moore, Jr.,
5004 Showalter Road, N. W.
(For full text of oral remarks, see transcripts on file in the City Clerk's
Office.)
Mr. Musser and Mr. Chappell presented petitions signed by approximatel,
5,468 persons protesting excessive assessment ratios.
(For full text, see petitions on file in the City Clerk's Office.)
At the conclusion of the meeting, the City Manager advised that question
raised by citizens will be reviewed and answers will be forthcoming.
There being no further business, the Mayor declared the meeting adjourn-
ed at 9:30 p.m.
APPROVED
City Clerk
Mayor
J. 59
REGULAR WEEKLY SESSlfl[~ ..... gOANOKE CITY COUNCIL
February 23, 1981
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the Council Chamber
in the Municipal Building, City of Roanoke, on Nmnday, Febtmary 23, 1981, at 2:00 p.m.,
the regular meeting hour, with Hayor Noel C. Taylor presiding.
PRESENT: Council members Elizabeth T. Bowles, Wendell B. Butler, Robert A.
Garland (arrived at 2:05 p.m.), James G. Harvey, II, Charles L. Landis, Rampton W. Thomas
and Hayor Noel C. Taylor ...............................................................
ABSENT: None ................................................................ 0.
OFFICERS PRESENT: Mr. R. B. Ewert, City Manager; Mr. Sam H. McGhee, III,
Assistant City Manager; Mr. Wilburn C. Dibling, Jr., City Attorney; Mr. William X Parsons,
Assistant City Attorney; Mr. Joel M. Schlanger, Director of Finance; and Mrs. Mary F.
Parker, City Clerk.
The invocation was delivered by the Reverend Bernard S. Via, Jr., Pastor,
Greene Memorial United Methodist Church.
The Pledge of Allegiance to the Flag of the United States of America was led by
Mayor Taylor.
CONSENT AGENDA
ACTION:
ACTION:
ACTION:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the City Council and would be enacted by one
motion in the forms listed on the agenda, and if discussion was desired, that
item would be removed from the Consent Agenda and considered separately. He
noted that there were two requests for Executive Sessions to discuss personnel
matters included on the Consent Agenda.
COUNCIL: A communication from the Mayor requesting an Executive
Session to discuss personnel matters, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Thomas ~oved that Council concur in the request. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Harvey, Landis, Thomas and
Mayor Taylor ................................................................ 6.
NAYS: None ......................................................... 0.
(Mr, Garland had not arrived at the meeting.)
STATE COMPENSATION BOARD: A communication from the State Compensation
Board requesting an expression as to policy concerning salary increases for city
employees and recommendations in regard to the budget requests filed by the
Constitutional Officers, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Manager.
vote:
Mr. Thomas moved that the communication be referred to the City
The motion was seconded by Dr. Butler and adopted by the following
AYES: Council members Bowles, Butler, Harvey, Landis, Thomas and
Mayor Taylor ................................................................... 6.
NAYS: None .......................................................... 0.
(Mr. Garland had not arrived at the meeting.)
COUNCIL: A report of the City Manager requesting an Executive Session
to discuss personnel matters, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas moved that Council concur in the request. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Harvey, Landis, Thomas and
Mayor Taylor ................................................................... 6.
NAYS: None .......................................................... 0.
(Mr. Garland had not arrived at the meeting.)
160
ACTION:
ACTION:
FIP~ DEPARTMENT: A report of the City Attorney advising that the
suit of Sandra K. Gibson v. City of Roanoke, et al., has been dism/ssed with
prejudice, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Hr. Thomas moved that the report be received and filed. The motion
was seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Harvey, Landis, Thomas and
Hayor Taylor .............................................................. 6.
NAYS: None ........................................................ 0.
(Hr. Garland had not arrived at the meeting.)
HEALTH DEPARTMENT: The qualification of Mr. Charles L. William~ as a
member of the Mental Health Services Board for a term of three years ending
December 31, 1983, was before Council.
(See Oath of Office on file in the City Clerk's Office.)
Mr. Thomas moved that the qualification be received and filed. The
motion was seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Harvey, Landis, Thomas and
Mayor Taylor ................................................................. 6.
NAYS: None ........................................................ 0.
(Mr. Garland had not arrived at the meeting.)
REGULAR AGENDA
ACTION:
ACTION:
ACTION:
At this point, 2:05 p.m., Mr. Garland entered the meeting.
HEARING OF CITIZENS UPON PUBLIC MATTERS:
TOTAL ACTION AGAINST POVERTY IN THE ROANOKE VALLEY: Mrs. Sara P,
Holland, Youth Program Coordinator, Total Action Against Poverty, appearea
before Council and presented the annual report.
(See statement on file in the City Clerk's Office.)
Hr. William Campbell, Coordinator of the Alcohol Services Division,
TAP, presented an oral report as to the activities of his division.
There was a period of discussion in which certain members of Council
advised that the services of TAP are rendered to citizens all over the Roanoke
Valley and it is felt that funding should be provided on a valleywide level and
this should be taken into consideration by the H,,mmn Resources Co~mlttee during
its deliberation in regard to fiscal year 1981-82 funding.
Following a lengthy discussion of the oral reports, Mr. Garland moved
that the reports be received and filed. The motion was seconded by Mrs. Bowles
and unanimously adopted.
CHAMBER OF COMMERCE-DONATIONS-FOOTBALL: Mr. Lacy L. Edwards, Jr.,
President, Roanoke Valley Chamber of Commerce, appeared before Council and
presented a check from the Chamber of Commerce in the amount of $5,200.00
representing profits from the 1980 Sandlot Football Championship Games.
Mrs. Bowles moved that the check be accepted with appreciation. The
motion was seconded by Mr. Garland and unanimously adopted.
PETITIONS AND CO~/NICATIONS:
TAXES: A communication from the Mayor advising that with the recent
switch from a calendar year assessment to a fiscal year, the City did not allow
for an extension of the deadline for disabled and elderly citizens to apply for
a possible tax freeze for 1981, noting that in the past reassessment notices
were sent out on July 1 of each year to take effect on January 1 of the upcoming
year and the cutoff date for citizens to apply for a tax freeze was February 5
of each year, thus, an eligible citizen had over six months to apply for a
freeze from the time they received their new real estate assessment. He stated
that this year the assessment notice was sent out on January 1 and the cutoff
date to apply for the freeze remained at February 5 which gave the eligible
citizen only five weeks to apply. Mayor Taylor recommended that the members of
Council consider extending the deadline from February 5 to June 30, which will
give the elderly and disabled citizens who qualify six months to apply.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harvey moved that Council concur in the Mayor's recommendation
and that the matter be referred to the City Attorney for preparation of the
proper measure. The motion was seconded by Dr. Butler and unanimously adopted.
ACTION:
ACTION:
ACTION:
ACTION:
SPECIAL PERHIT$-STREETS Ah~D ALLEYS: A com~mAntcation from Hr. William
J. Crisp, General Manager, l~eliance Universal, Incorporated, requesting permiasioz
to locate underground lines across a 25-foot public access way that extends
from Roanoke Avenue northward to the Norfolk and Western right of way, was
before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Landis moved that the matter be referred to the City Manager for
study, report and recommendation to Council. The motion was seconded by Hr.
Thomas and unanimously adopted.
REPORTS OF OFFICERS:
CITY HANAGER:
BRIEFINGS:
PARKING-CITY EMPLOYEES: Council having previously requested that the
City Manager submit a plan providing for equal treatment in regard to parking
for all City employees, the City Manager submitted a written report setting
forth the following options for future provision of parking: w~intain existing
provisions for parking; discontinue free employee parking for privately-owned
vehicles; lease additional parking for employees; and purchase additional space
for employee parking.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis moved that the report be considered by Council at its
Financial and Planning Session on Monday, March 16, 1981. The motion was
seconded by Hr. Harvey and unanimously adopted.
POLICE DEPARTMENT: At the request of the City Manager, Police Chief
M. David Hooper, appeared before Council and advised that the Police Department
has revised its basic patrol operations plan and will implement the new procedure~
in early March, noting that the Plan was developed by the Police Department
over the past two years in response to the changing physical, social, and
economic characteristics in the City in order to provide the most dependable,
uniform, and timely police service.
Chief Hooper stated that a major element of the plan seeks to foster
and strengthen the relationship between individual patrol officers and the
people they serve in tna~ oific~rs wili remain fo~ longer periods of time in
their areas of assignment, and have greater responsibility for the final resolu-
tion of events occuring in that area.
He said the configuration of the areas have been revised to provide
quicker response and a more personalized relationship, that the size and charac-
teristics of the areas were determined by the frequency and nature of events
when they happen and the need for police attention. Further, crimes of minor
larcenies, assaults, and other non-violent occurrences will be handled exclusivel
by officers assigned to the area.
The Chief advised that to assist the officer, the radio communica-
tions system and other police procedures have been revised and strengthened and
an intensive training program has been conducted over the past two months,
which will be completed with the last platoon meeting this week, involving all
members of the department and the communications division affected by the
patrol plan. He stated that the changes are expected to provide better service
at no additional cost to the public and greater Job satisfaction and personal
rewards to the officers.
Following a period of questions by the members of Council, MAr. Harvey
moved that the report be received and filed. The motion was seconded by Mr.
Garland and unanimously adopted.
ITEMS RECOMMENDED FOR ACTION:
GRANTS-BUDGET-CLEAN VALLEY COMMITTEE: The City Manager submitted a
written report recommending authorization to accept a grant of $7,927.00 from
the State Department of Conservation and Economic Development, Division of
Litter Control, to the Clean Valley Committee, Incorporated, for the term of
January through June, 1981.
(For full text, see report on file in the City Clerk's Office.)
Hr. Landis offered the following emergency Ordinance:
(#25490) AN ORDINANCE to amend and reordain certain sections of the
1980-81 Grant Programs Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 400.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ........................................................ 7.
NAYS: None .......................................................... 0.
161
.62
ACT ION:
ACTION:
ACTION:
Landis offered the following emergency Ordinance:
(#25491) A~ ORDII/ANCE expressing continued support for the Clean
Valley Committee, Inc.; authorizing the Committee to coordinate a litter control
program with Roanoke County, the City of Salem, and the Town of Vinton; authoriz-
ing the Comtttee to apply for and the City Hanager to accept a grant on behalf
of the City upon certain terms and conditions and to execute a contract with
the Clean Valley Co~nittee, Inc. for litter control services; and providing for
an emergency,
(For full text of Ordinance, see Ordinance Book No. 46, page 400.)
Hr. Landis moved the adoption of the Ordinance. The motion was
seconded by Hr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor .................................................... 7.
NAYS: None ...................................................... 0.
TRAFFIC-EQUIPMENT: The City Manager submitted a written report
concurring in a report of the Bid Committee recommending that the bids of
Prismo Universal Corporation and Potter Industries, Incorporated, for furnishing
traffic paint and reflective glass traffic beads to the City of Roanoke, be
accepted.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
paint and
therefor;
(#25492) AN OP~DINANCE awarding contracts for furnishing traffic
reflective glass traffic beads to the City; accepting bids made
rejecting other bids; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 401.)
Hr. Landis moved the adoption of the Ordinance. The motion was
seconded by Mr. Thomas and adopted by the following vote:
AYES: Co,tail members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ....................................................... 7.
NAYS: None ........................................................ 0.
CITY ATTORNEY:
TAXES: The City Attorney submitted a written report advising that
although he believes it was the intention of Council in adopting Ordinance No.
25234, dated August 11, 1980, to provide for the collection of all real estate
taxes, including real estate taxes on public service corporations assessed for
taxation by the State Corporation Commission, on a fiscal year basis, questions
have been raised concerning the applicability of Ordinance No. 25234 to public
service corporations. He further advised that to make it clear that real
estate taxes of public service corporations will be collected on a fiscal year
basis, he is recommending adoption of an Ordinance providing for same.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas moved that the following Ordinance be placed upon its
first reading:
(#25493) AN ORDINANCE to amend and reordain Section 32-17, By whom
payable, and Section 32-124, When due and payable, of the Code of the City of
Roanoke (1979), as amended, so as to provide for the collection of real estate
taxes of public service corporations assessed for taxation by the State Corpora-
tion Commission on a fiscal year basis; establishing a short tax year of January
1, 1981, to June 30, 1981, and a tax rate for such short tax year.
The motion was seconded by Dr. Butler and adopted by the following
vote:
AYES: Council members Bowles, Butler, Garland, Landis, Thomas and
Mayor Taylor .................................................................... 6
NAYS: Council member Harvey .......................................... 1.
Mr. Harvey advised that his negative vote was cast because he is
opposed to semi-annual collection of real estate taxes.
SALE/PURCHASE OF PROPERTY-CONDEMNATION PROCEEDINGS-DOWNTOWN ROANOKE:
The City Attorney submitted a written report transmitting an Ordinance provid-
ing for the purchase of Lots 169 and 170, Roanoke Land and Improvement Company
Map, on Church Avenue, S. E., as the site for a landscaped mall, for the sum of
$150,000.00.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
ACTION:
ACTION:
ACTION:
Mr. Garland offered the following e~ergency Ordinance:
(t25494) Al/ ORDINANCE providin$ for the compensation to be paid by
the City for the acquisition of a certain parcel of land needed by the City as
a site for a landscaped mall on Church Avenue, S. E., in the City; authorizin$
the City Hanager to execute a contract for purchase of the same; repealing any
inconsistent provisions of Ordinance No. 25275; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, pase 402.)
Hr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles end adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ..................................................... 7.
NAYS: None ........................................................ 0.
REPORTS OF CO~ilTTEES:
AUDIT COMMITTEE: Councilman Garland, Chairman of the Audit Committee,
presented minutes of the meeting held on February 18, 1981, in regard to the
following:
reviewed, received and filed reports from the Municipal
Auditor on the Roanoke Public Library Foundation, Roanoke
City Treasurer and Revenue and Receivables Cycle Internal
Accounting Controls;
concurred with the Municipal Auditor that his office not
provide future annual audits for the Library Foundation;
referred the Code change in Section 2-172(b), as requested
by the Director of Finance, to the City Attorney for prepara-
tion of the necessary papers;
the investment policy of the City was thoroughly discussed
and the Treasurer advised that rates currently range from
14% to 18% and that all available funds are invested;
the City Manager withdrew the City Information Systems re-
port on utilization of EDP in tax filing ama collection;
requested that the City Manager advise all departments of
the City, including Council-appointed and Constitutional
officers, to notify the City Manager at least four weeks
in advance of all mass mailings with the following informa-
tion: size, content and form of mailings, and to present
a schedule of said mailings in the first month of each
year so that additional information can be included if needed.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Garland moved that the minutes be received and filed. The motion
was seconded by Mr. Thomas and unanimously adopted.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
STREETS AND ALLEYS: ordinance No. 25489 vacating, discontinuing and
closing an 808 square foot unused portion of the public street located between
the public sidewalk along Elm Avenue, S. E., and the northern boundary of the
property owned by James Richard Willis, commonly known as 417 Elm Avenue, S. E.,
bearing Official Tax No. 4020411 and a ten foot unused alley located between
the western boundary of property of the petitioner and the property of American
Oil Company as shown on plat prepared by Raymond C. Weeks, having previously
been before the Council for its first reading on Monday, February 9, 1981, read
and adopted on its first reading and laid over, was again before the body, Mr.
Thomas offering the following for its second reading and final adoption:
(#25489) AN ORDINANCE permanently vacating, discontinuing and closing
an 808 square foot unused portion of the public street located between the
public sidewalk along Elm Avenue, S. E., and the northern boundary of the propert
owned by James Richard Willis, commonly known as 417 Elm Avenue, S. E., bearing
Tax No. 4020411 and a ten foot unused alley located between the western boundary
of the property of James Richard Willis and the property of American Oil Company,
in the City of Roanoke, Virginia, as are more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 46, page 399.)
Mr. Thomas moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ...................................................... 7.
NAYS: None ........................................................ O.
BUDGET-GRANTS-CETA: Council at its Financial and Planning Session on
Monday, February 16, 1981, having requested the Director of Finance to prepare
the appropriate budget ordinance providing that $216,498.00 be appropriated in
new CETA funding for fiscal year 1981, end that a reduction of $252,028.00 be
made in certain other CETA progr~m~, he presented s~m~; whereupon, Mr. Landis
offered the following emergency Ordinance:
163
164
ACTION:
ACTION:
ACTION:
(~25495) AN ORDINANCE to amend and reordain certain sections of the
1980-81 Fifth District Employment and Training Consortium Fund Appropriations,
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 402.)
Hr. Landis moved the adoption of the Ordinance. '['he motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ..................................................... 7.
NAYS: None ...................................................... O.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR A~D MEMBERS OF COUNCIL: NONE.
OTHER HEARINGS OF CITIZENS:
SALE/PURCHASE OF PROPERTY/CONDEHNATION PROCEEDINGS-DOWNTOWN ROANOKE:
Mr. George T. Hitch, 1255 Lakewood Drive, S. W., appeared before Council in
regard to a report of the City Attorney (see page 162) transmitting an Ordinance
providing for purchase by the City of property described as Lots 169 and 170,
Roanoke Land and Improvement Company Map, on Church Avenue, S. E., as the site
for a landscaped mall, for the sum of $150,000.00, and inquired as to the name
of the property owner and expressed concern over the fact that the City is in a
tight economic situation and is spending money out of the 1979 bond issue which
he feels is an unnecessary expenditure.
Mr. Thomas moved that the City Manager, City Attorney and Director of
Finance be requested to compile a synopsis of the project, a list of other
parcels of land involved, source of funding, and the chronological order in
which the project has proceeded since the 1979 bond issue and that the information
be disseminated to Mr. Hitch and any other interested citizen. The motion was
seconded by Mr. Landis and unanimously adopted.
At 3:30 p.m., the MAyor declared the meeting recessed.
At 6:10 p.m., the meeting reconvened with Mayor Taylor presiding and
all members of the Council present in the Council Chamber.
ROANOKE NEIGHBORHOOD PARTNERSHIP: The Mayor advised of the need to
appoint an additional representative to the Roanoke Neighborhood Partnership
Steering Con~ittee to represent the real estate sector; whereupon, Mr. Garland
placed in nomination the name of Hr. Stephen A. Hoover.
There being no further nominations, Mr. Hoover was elected as a
member of the Roanoke Neighborhood Partnership Steering Committee for a term
commencing February 23, 1981, and ending at any time after the duties and respon-
sibilities of the Steering Committee have been fulfilled, by the following
vote:
FOR MR. HOOVER: Council members Bowles, Butler, Garland, Harvey,
Landis, Thomas and Mayor Taylor ............................................. 7.
WATER DEPARTMENT: Council at its Financial and Planning Session on
Monday, January 19, 1981, having authorized the Mayor to appoint a citizens'
committee to consist of not more than ten members to oversee the old Crystal
Spring Pumping Station, said committee to make recom,~ndations to Council
and/or the City Manager in regard to future needs to preserve the site as a
qualified local, state and national historic landmark, the Mayor advised that
with the concurrence of Council he would like to appoint the following persons:
Hr. David L. Burrow
Mr. Lucian A. Durham, Jr.
Ms. Dorothy L. Gibboney
Hr. James N. Kincanon
Mr. Philip H. Lemon
Hr. Richard L. Meagher
Mr. James B. Osborne
Hr. Thomas D. Taylor
Mr. Robert W. Woody
Mr. Landis moved that Council concur in the Mayor's appointment.
The motion was seconded by Mrs. Bowles and unanimously adopted.
LEAGUE OF OLDER AMERICANS, INCORPORATED: The Mayor advised that the
one year term of Mr. James D. Ritchie as the City's representative to the
League of Older Americans Board of Directors will expire on February 28, 1981,
and called for nominations to fill the vacancy.
Mr. Thomas placed in nomination the name of Mr. James D. Ritchie.
There being no further nominations, Mr. Ritchie was reelected as the
City's representative to the League of Older Americans Board of Directors,
Incorporated, for a term of one year ending February 28, 1982, by the following
vote:
ACTION:
ATTEST:
FOR MR. RITCHIE: Council members Bowles, Butler, Garland~ Harvey,
Landis. Thomas and Payor Taylor .....................
There bein$ no further business, the Hayor declared the meeting
adjourned at 6:15 p.m.
APPROVED
City Clerk Mayor
166
REGULAR WEEKLY SESSION ...... ROANOKE CITY COIJNCIL
March 2, 1981
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the Council Cb,mher
in the Municipal Building, City of Roanoke, on Monday, March 2, 1981, at 2:00 p.m., the
regular meeting hour, with Mayor Noel C. Taylor presiding.
PRESENT: Council members Wendell N. Butler, Robert A. Garland (arrived at 2:05
p.m.), James G. Harvey, II, Charles L. Landis and Mayor Noel C. Taylor ................. 5.
ABSEaNT: Council members Elizabeth T. Bowles and Hampton W. Thomas ........... 2.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. Sam H. McGhee, III, Assistan
City Manager; Mr. Wilburn C. Dibling, Jr., City Attorney; Mr. William X Parsons, Assistant
City Attorney; Mr. Joel M. Schlanger, Director of Finance; and Mrs. Mary F. Parker, City
Clerk.
The invocation was delivered by the Reverend Calvin B. Fulton, Pastor, Grace
Brethren Church.
The Pledge of Allegiance to the Flag of the United States of America was led by
Mayor Taylor.
CONSENT AGENDA
ACT ION:
ACTION:
ACTION:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the City Council and would be enacted by one
motion in the forms listed on the agenda, and if discussion was desired, that
item would be removed from the Consent Agenda and considered separately. He
noted that there were three requests for Executive Sessions to discuss personnel
matters and a matter of potential litigation included on the Consent Agenda.
MINUTES: Minutes of the regular meeting of Council held on Monday,
February 2, 1981, and the regular meeting held on Monday, February 9, 1981, were
before Council.
(For full text, see minutes on file in the Gi~ Ci~rk's Office.)
Mr. Landis moved that the reading of the minutes be dispensed with and
that the minutes be approved as recorded. The motion was seconded by Dr. Butler
and adopted by the following vote:
AYES: Council members Butler, Harvey, Landis amd Mayor Taylor ........ 4.
NAYS: None ........................................................... O.
(Council members Bowies and Thomas were absent.) (}~, Garland had not arrived.)
COUNCIL: A communication from the Mayor requesting an Executive
Session to discuss personnel matters, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Landis moved that Council concur in the request. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Butler, Harvey, Landis and Mayor Taylor ....... 4.
NAYS: None .......................................................... 0.
(Council members Bowles and Thomas were absent.) (Mr. Garland had not arrived.)
COUNCIL: A report of the City Mnnager requesting an Executive Session
to discuss a personnel matter, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis moved that Council concur in the request. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Butler, Harvey, Landis and Mayor Taylor ....... 4.
NAYS: None .......................................................... O.
(Council members Bowles and Thomas were absent.) (Mr. Garland had not arrived.)
COUNCIL: A report of the City Attorney requesting an Executive Session
to discuss a matter of potential litigation, was before Council.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
seconded
(Council
February
Mr. Landis moved that Council concur in the request. The motion was
by Dr. Butler and adopted by the following vote:
AYES: Council members Butler, Harvey, Landis and Mayor Taylor ....... 4.
NAYS: None ......................................................... 0.
members Bowles and Thomas were absent.) (Mr. Garland had not arrived.)
PENDING ITEMS: A list of items pending from February 7, 1977, through
23, 1981, was before Council.
(For full text, see list on file in the City Clerk's Office.)
seconded
(Council
Mr. Landis moved that the list be received and filed. The motion was
by Dr. Butler and adopted by the following vote:
AYES: Council members Butler, Harvey, Landis and Mayor Taylor ....... 4.
NAYS: None .......................................................... 0.
members Bowles and Thomas were absent.) (Mr. Garland had not arrived.)
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
ANNEXATION-POLICE DEPARTMENT-LEGISLATION: A co~unication from Council-
man Thomas with regard to Section 15.1-977.24 of the Code of Virginia, providing
that any City barred from further annexation may, by Resolution, elect to be
treated the same as an immune county for purposes of state police services and
for maintenance and construction of streets and highways, recommending that the
matter be referred to the Administration for report, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Landis moved that the matter be referred to the City Manager for
study, report and recommendatio~ to Council at the earliest possible date. The
motion was seconded by Dr. Butler and adopted.
At this point, (2:05 p.m.), Mr. Garland entered the meeting.
REPORTS OF OFFICERS:
BRIEFINGS:
CITY EMPLOYEES: The Assistant City Manager presented an oral briefing
in regard to consequences and/or problems which would be encountered if the
Council instituted a hiring freeze at the current level of city employees.
(For full text of Mr. McGhee's oral report, see Exhibit No. 154 on file in the
City Clerk's Office.)
Following a lengthy period of questioning by the members of Council,
Mr. Landis moved that the oral report be received and filed. The motion was
seconded by Dr. Butler and adopted.
The Mayor advised that the City Manager is in the process of formulatin
answers to questions raised by citizens at the February 9, 1981, meeting of the
City Council, and requested that the City Manager include in his response such
matters as the Council's policy in respect to quality of city services, taxes,
expenditures, waste, and neighborhoods.
COMPREHENSIVE EMPLOYMENT AND TRAINING ADMINISTRATION: The City
Manager submitted a written report in regard to Public Service Employment positic
advising that because of the reduction in CETA funds the City needs to make a
decision as to whether or not to continue operation of the Program Agent Office
and recommending that the Program Agent Office be abolished effective March 18,
1981, and that the duties of this office be assumed by other City departments.
(For full text, see reports on file in the City Clerk's Office.)
Mr. James D. Ritchie, Director of H~nnmn Resources, appeared before
Council and advised of receipt of a mailgram from the Department of Labor notify-
ing the City to freeze all CETA positions effective March 2, 1981, and all Public
Service Employee positions will be eliminated as of September 30, 1981.
Mr. Landis moved that Council concur in the City Manager's recommenda-
tion. The motion was seconded by Mr. Garland and adopted.
HOUSING: The Assistant City Manager advised that the City is in
receipt of a communication from the Virginia Housing Development Authority
notifying the City that they have allocated $1,282,200 in permanent mortgage
funds under Virginia Housing's Urban Preservation and Infield Program financing
to assist in preservation and renewal activities in selected neighborhoods in
Roanoke. He stated that the Administration will submit a report to Council at
its next meeting in respect to neighborhoods in which it is recommended that the
money be made available and other information concerning the program.
167
168
ACTION:
ACTION:
ACTION:
WATER DEPARTMENT: Hr. Landis asked the City Manager and Director of
Utilities and Operations what plans are being made at this time /n regard to
preserving water; whereupon, Hr. Kiser advised that as of Friday, February 27,
1981, the level in the Catv/ns Cove reservoir was 15.33 feet below overflow which
means that in the last three weeks the level has dropped about four inches. He
said the City of Norfolk, Virginia and Herin County, California, have been
contacted in regard to available literature on restriction procedures they
imposed in an effort to gain the benefit of experience of other localities.
ITEMS RECO~fliENDED FOR ACTION:
SPECIAL PERMITS-STREETS AB'D ALLEYS: Council having referred to the
City Manager for study, report and recommendation a request of Reliance Universal
Incorporated, for permission to locate underground lines across a 2S-foot public
access way that extends from Roanoke Avenue northward to the Norfolk and Western
Railway right of way, the City Manager submitted a written report recommending
that the request be granted with the condition that ~liance Universal return
the right of way to its former condition and hold the City harmless for any
claims resulting from this construction.
(For full text, see report on file in the City Clerk's Office.)
Hr. Harvey moved that the following Ordinance be placed upon its first
reading:
(#25496) AN ORDINANCE granting to Reliance Universal, Inc. a revocable
license to install and maintain utility lines across a City right-of-way.
The motion was seconded by Mr. Garland and adopted by the following
vote:
AYES: Council members Butler, Garland, Harvey, Landis and Mayor
Taylor ........................................................................ 5.
NAYS: None ......................................................... 0.
(Council members Bowles and Thomas were absent.)
CENTURY PROJECT-DOWNTOWN ROANOKE-CONSULTANTS: The City Manager submitt~
a written report in regard to the design management contract for the Century
Project Phase 1 additional effort and Phases 2 and 3, recommending that Hayes,
Seay, Mattern and Mattern be authorized to extend Phase 1 by $27,520.00 and to
commence the Phase 2 and 3 portions of the contract on a cost plus fixed fee
basis realizing that management services will probably not be provided after
December 31, 1981, that cost ceiling would be $192,500.00 and funding would be
provided as shown on Attachment No. 3 of the report explaining the budget for
the Design Management Team.
(For full text, see reports on file in the City Clerk's Office.)
Hr. Garland offered the following emergency Ordinance:
(#25497) AN ORDINANCE to amend and reordain certain sections of the
1980-81 Capital Projects Fund Appropriation, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 404.)
Hr. Garland moved the adoption of the Ordinance. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, and Mayor
Taylor ........................................................................ 5.
NAYS: None ......................................................... 0.
(Council members Bowles and Thomas were absent.)
Mr. Garland offered the following emergency Ordinance:
(#25498) AN ORDINANCE authorizing the City Manager to enter into an
amendment and to give certain authorizations with regard to a certain agreement
with Hayes, Seay, Mattern & Mattern for design management services relating to
the City's capital improvement program; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 405.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis and Mayor
Taylor ........................................................................ 5.
NAYS: None ......................................................... O.
(Council members Bowles and Thomas were absent.)
169
ACTION:
ACTION:
ACTION:
ACTION:
PAR~S AND PLAYGROUI~DS-BONDS: The City Manager submitted a written
report reco~mending authorization to execute a design services lump sum contract
for Elmwood Park Extension and Elmwood Park Fountain and Rose Garden with Moore
Grover Harper, PC, A~chitects and Pl-nners, in the -,~unt of $61,750.00, plus a
not to exceed -~unt of $$,560.00 for survey and a total of $5,000.00 for addi-
tional services and re~mhurseable expanses; and a transfer of $72,310.00 from
Public Improvement Bonds--Parks Account No. A08510172603 to a new account to be
established by the Director of F/nance.
(For full text, see report on file in the City Clerk's Office.)
Hr. Garland offered the following emergency Ordinance:
(#25499) AN ORDINANCE to a~nd and reordain certain sections of the
1980-81 Capital Projects Fund Appropriation, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 405.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Hr. Landis and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis and Mayor
Taylor .................................................................. 5.
NAYS: None ......................................................... 0.
(Council members Bowles and Thomas were absent.)
Mr. Garland offered the following emergency Ordinance:
(#25500) AN ORDINANCE authorizing the City Manager to enter into a
contract with Moore Grover Harper, PC, Architects and Planners, Essex, Connecti-
cut, for design services relating to the Elmwood Park Extension and Elmwood
Fountain and Rose Garden; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 406.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Landis and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, and Mayor
Taylor ....................................................................... 5.
NAYS: None ......................................................... O.
(Council members Bowles and Thomas were absent.)
AIRPORT: The City Manager submitted a written report recommending
authorization to execute Change Order Nos. 7 and 9 to the contract with John A.
Hall & Company, Incorporated, for construction of an Air Carrier Apron, ADAP
Project No. 6-51-0045-10 at Roanoke Municipal Airport, Woodrum Field.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#25501) AN ORDINANCE approving the City Manager's issuance of Change
Order Nos. 7 and 9, as hereinafter set forth, to the City's contract with John
A. Hall & Company, Inc. for construction work at Roanoke Manicipal Airport,
Woodrum Field; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 406.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, iandis and Mayor
Taylor ...................................................................... 5.
NAYS: None ......................................................... 0.
(Council members Bowles and Thomas were absent.)
BUDGET-SALE/PURCHASE OF PROPERTY-DOWNTOWN ROANOKE-CONDEMNATION
PROCEEDINGS: The City Manager submitted a written report advising that by
Ordinance No. 25275 Council authorized the acquisition of certain property by
condemmation, that the City Attorney, through negotiation, obtained a sale price
from the owners of $150,000.00 and Council by Ordinance No. 25494 authorized the
purchase of the property for the negotiated price of $150,000.00 and recommending
that $150,000.00 be transferred from Account No. A0831072603, Public Improvement
Bonds - Parks to Account No. A08170190300, Church Avenue Park.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#25502) AN ORDINANCE to amend and reordain certain sections of the
1980-81 Capital Projects Fund Appropriation, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 407.)
170
ACTION:
ACTION:
ACTION:
Pr. Landis moved the adoption of the Ordinance. The motion was seconded
by Pr. Garland and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis and Mayor
Taylor ................................................................. 5.
(Council members Bowles and Thomas were absent.)
CITY ATTORNEY:
TAXES: The City Attorney submitted a written report transmitting an
Ordinance to change from February 5 to June 30, the filing deadline for elderly
and disabled persons' real property tax exemption as per a co,~nication from
the Mayor under date of February 23, 1981.
(For full text, see report on file in the City Clerk's Office.)
Pr. Garland offered the following emergency Ordinance:
(#25503) AN ORDINANCE emending and reordaining Section 32-88, Applicant
affidavit, of the Code of the City of Roanoke (1979), as ~m~nded, to extend the
filing deadline for affidavits or certificates in connection with the elderly
and disabled persons' real property tax exemption; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 407.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, and Mayor
Taylor .......................................................................... 5.
NAYS: None ........................................................... O.
(Council members Bowles and Thomas were absent.)
TREASURER-DIRECTOR OF FINANCE-AUDIT COMMITTEE: The City Attorney
submitted a written report transmitting an Ordinance amending the City Code to
provide that the Treasurer rather than the reporting officer shall forward the
original of each collection report to the Director of Finance.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler offered the following emergency Ordinance:
(#25504) AN ORDINANCE to amend and reordain Section 2-172, Report and
delivery of money collected or received by officers and employees of the Code of
the City of Roanoke (1979), as amended, to provide that the Treasurer shall
transmit the original of each collection report to the Director of Finance; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 408.)
Dr. Butler moved the adoption of the Ordinance. The motion was seconded
by Fir. Harvey and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, and Mayor
Taylor ....................................................................... 5.
NAYS: None ......................................................... O.
(Council members Bowles and Thomas were absent.)
DIRECTOR OF FINANCE:
BUDGET-AIP'PoRT: The Director of Finance submitted a written report
transmitting an Ordinance appropriating funds in counectiun with a grant to
acquire real estate in the 40 Noise Exposure Forecast Contour, off Runway 5-23
at ~anoke Municipal Airport, Woodrum Field.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency Ordinance:
(#25505) AN ORDINANCE to amend and reordain certain sections of the
1980-81 Airport Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 408.)
Mr. Harvey moved the adoption of the Ordinance. The motion was seconded
by Mr. Landis and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis and Mayor
Taylor ........................................................................ 5.
NAYS: None ......................................................... 0.
(Council members Bowles and Thomas were absent.)
s
ACTION:
ACTION:
ACTION:
F. EPORTS OF CO}~ITTEES:
SEWERS AND STORI4 DRAINS: A Joint report of the Water Resources Com-
mittee and the City Manager in regard to obtaining funding for the proposed
sludge handling facility at the Regional Wastewater Treatment Plant, reco~ndin
Council's concurrence in a response from Mayor Taylor to Governor Dalton's letter!
dated January 30, 1981; Council's concurrence in a petition to the State Water i
Control Board requesting special consideration to be placed on the State PriorityI
List for funding; and Council's concurrence in a request to affected Roanoke
Valley and Smith Mountain Lake local Jurisdictions for a Resolution of support
from those Jurisdictions of funding for the sludge handling facility, was before
the body.
(For full text, see report and drafts of coa~m~nications on file in the City
Clerk's Office.)
Mr. Landis offered the following Resolution:
(#25506) A RESOLUTION urging the State Water Control Board to provide
priority funding to the City of Roanoke to alleviate the sludge disposal
problem at the Regional Water Pollution Control Plant in the City.
(For full text of Resolution, see Resolution Book No. 46, page 409.)
Mr. Landis moved the adoption of the Resolution. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis and Mayor
Taylor ...................................................................... 5.
NAYS: None ...................................................... O.
(Council members Bowles and Thomas were absent.)
HANDICAPPED PEOPLE: A report of the Mayor's Committee on Employment
of the Handicapped, recommending that Council approve a one-time $3,000.00
allocation for development of a twelve to eightee~ minute professional slide/tape
presentation to be shown to approximately 1500 mid and upper-level business
management persons during its first year of existence, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. James Blair representing the Committee, appeared before Council
in support of the request.
Mr. Garland moved that Council concur in the request and that the
matter be referred to the Director of Finance for preparation of the appropriate
budget Ordinance. The motion was seconded by Mr. Harvey and adopted.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
TAXES: Ordinance No. 25493 providing for the collection of real
estate taxes of public service corporations assessed for taxation by the State
Corporation Commission on a fiscal year basis, establishing a short tax year of
January 1, 1981, to June 30, 1981, end a tax rate for such short tax year,
having previously been before the Council for its first reading on Monday,
February 23, 1981, read and adopted on its first reading and laid over, was
again before the body, Mr. Garland offering the following for its second reading
and final adoption:
(#25493) AN ORDINANCE to amend and reordain Section 32-17, By whom
payable, and Section 32-124, When due and payable, of the Code of the City of
Roanoke (1979), as amended, so as to provide for the collection of real estate
taxes of public service corporations assessed for taxation by the State Corpora-
tion Commission on a fiscal year basis; establishing a short tax year of January
i, 1981, to June 30, 1981, and a tax rate for such short tax year.
(For full text of Ordinance, see Ordinance Book No. 46, page 403.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Butler, Garland, Landis and Mayor Taylor .... 4.
NAYS: Council member Harvey ...................................... 1.
(Council members Bowles and Thomas were absent.)
Mr. Harvey advised that his negative vote was cast because he is
opposed to semi-annual collection of real estate taxes.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: NONE.
OTHER HEARINGS OF CITIZENS: NONE.
172
There being no further business, the ~ayor declared the m~eting
adJouraed at 3:40 p.~.
APPROVED
ATTEST:
City Clerk Nayo~
REGULAR WEF, KLY SESSION ..... ROANOKE CITY COUNCIL
March 9, 1981
7:30 p.m.
The Council of the City of Roanoke met in regular meetin8 in the Council Chamber
in the Municipal Building, City of Roanoke, on Honday, March 9, 1981, at 7:30 p.m., the
regular meeting hour, withMayor Noel C. Taylor presidins.
PRESENT: Council members Elizabeth T. Bowles, Wendell H. BUtler, Robert A.
Garland, J~m~s G. Harvey, II, Charles L. Landis, Hampton W. Thomas and Mayor Noel C.
Taylor ............................................................................... 7.
ABSENT: None ...........................................
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. Sam H. McGhee, III,
Assistant City Manager; Mr. Wilburn C. Dibling, Jr., City Attorney; Mr. William X Parsons,
Assistant City Attorney; Mr. Joel M. Schlanger, Director of Finance; and Mrs. Mary F.
Parker, City Clerk.
The invocation was delivered by Mayor Taylor.
The Pledge of Allegiance to the Flag of the United States of America was led by
Mayor Taylor.
PROCLAMATIONS: The Mayor presented a proclamation declaring March 8 - 14, 1981,
as National Employ the Older Worker Week in the City of Roanoke and urged all employers to
give special consideration to the skills and qualifications of those men and woman forty
years of age and older; also asking those public officials who are responsible for Job
placement, counseling, training and retaining services to intensify their efforts to help
older workers find suitable Jobs and training opportunities.
(For full text, see procl=m-tion on file in the City Clerk's Office.)
PUBLIC HEARINGS
ACTION:
STREETS AND ALLEYS-HOUSING: Pursuant to Resolution No. 21414 the City
Cierx set a public hearing for Monday, March 9, 1981, on the request of the City
of Roanoke Redevelopment and Housing Authority that a portion of Rutherford
Avenue, N. W., bounded on the north by lots in Block 2, Northside Addition,
designated by Official Tax Nos. 2021661 through 2021674, inclusive, and 2021676,
2021677 and 2021678, and a certain closed alley, closed by Ordinance No. 24124
dated May 22, 1978, and bounded on the south by lots in Block 1, Northside
Addition, designated by Official Tax Nos. 2021720 through 2021741, inclusive,
and 2021790, and being a part of the Gainsboro Redevelopment Project, be vacated,
discontinued and closed, the matter was before the body.
A report of the City Planning Commission recommending that the request
be granted, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Daniel F. Laym~-, Attorney, representing the petitioner, appeared
before Council in support of the request of his client.
No one appearing in opposition to the request, Mr. Thomas offered the
following emergency Ordinance:
(#25507) AN ORDINANCE permanently vacating, discontinuing and closing
a portion of Rutherford Avenue, N. W., being a part of Gainsboro Redevelopment
Project, in the City of Roanoke, Virginia, as is more particularly described
hereinafter, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 411.)
Mr. Thomas moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ........................................................... 7.
NAYS: None ...................................................... 0.
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the City Council and would be enacted by one
motion in the forms listed on the agenda, and if discussion was desired, that
item would be removed from the Consent Agenda and considered separately. He
noted that there was one request for an Executive Session to discuss personnel
matters and previously the City Manager had requested an Executive Session to
discuss a contractual matter; however, the City Manager had since withdrawn the
request inasmuch as recent events provide that it will not be necessary to
discuss the matter.
173
174
AC~ ION:
ACTION:
ACTION:
MINUTES: HtnuCes of ~he regular meeting of Council held on Honday,
February 23, 1981, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Nfs. Bowles moved that the reading of the minutes be dispensedwith
and tha~ the minutes be approved as recorded. The motion was seconded by Dr.
Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ......................................................... ?.
NAYS: None ..................................................... O.
COUNCIL: A co~unication from the Mayor requesting an Executive
Session to discuss personnel matters, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the request. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................. 7.
NAYS: None ...................................................... 0.
HEALTH DEPARTMENT: The qualification of Mr. Grady P. Gregory, Jr., as
a member of the Housing and Hygiene Board for a term of two years ending January
31, 1983, was before Council.
(See Oath of Office on file in the City Clerk's Office.)
Mrs. Bowles moved that the qualification be received and filed. The
motion was seconded by Dr. Butler and adopted by the following vote:
AYES: Conncil members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ......................................................... 7.
NAYS: None ................................................. O.
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
TARES-MISCELLANEOUS: Mr. Samuel P. Nackley, 1623 Sherwood Avenue, S.
W., appeared before Council and advised that he is not a candidate for Council
and he does not object to taxes; however, he does object to waste and inefficient,
and he is going to attempt to prove that there is waste and inefficiency in the
City.
Mr. Nackley referred to a communication he wrote to the City Manager
under date of February 13, 1981, requesting information concerning specific
questions and that he be furnished with a response within ten days, noting that
he received no reply and on March 3, he requested a hearing before City Council
in order to obtain specific answers.
(For full text, see communication dated March 3, 1981, on file in the City
Clerk's Office.)
Mr. Nackley asked the following questions as per his February 13, 1981,
co~nication to the City Manager:
"(1) How many consultants have we had to make studies for the
city in the past three years? What fee did we pay each firm?
What have we implemented from their reports in the past three
years? I asked these questions at a council meeting and was
not afforded the courtesy of a reply.
(2) How many agencies that do not have offices in city owned
property do we pay rent for? Does the city pay 100% of the
rent? 50%, 25% or what portion of the rent does the city
pay? Please quote the rent paid for each agency by the city
separately on an annual basis. Example: Welfare, CETA, TAP,
Health Dept., old DMV Bldg., S. W. Va. Develop., Dial A Ride,
etc. What portion of city monies is deposited in each bank?
Please identify the banks and percentage of money deposited
in each one."
Mr. Nackley said the City Manager furnished him with information in
answer to his questions on March 5, noting that the information is a bunch of
"mumbo-jumbo". He again requested specific answers to the questions he directed
to the City Manager by letter dated February 13, 1981.
Other questions raised and statements made by Mr. Nackley are as
follows:
l~oa~oke is headquarters for o~e of the world% largest
motel-restaurant franchises. Why did they not invest in
downtown?
~hy did the Federal Government refuse to build the post
office downtown?
~hy is downtown development such a good idea no~ when
more businesses are closing than opening ~n the market
area in the past twelve ~onths?
Did the Historical Society sanction conversion of the
Church Avenue Fire Station and was it designated as a
historical monument?
The Fire Station on Church Avenue is needed to keep in-
surance rates from escalating on downtown property inas-
much as rates are computed on the nearest accessible fire
station, fire plug, water outlet.
What are the qualifications needed to wash windows and was
$9,000.00 for the Municipal Building only? Did the City
pay mileage and travel time?
In concluding, Mr. Nackley said Webster's Dictionary defines "Adminis-
trator'' as a person legally vested with the right of administration of an
estate; one that administrates, especially business affairs and Webster's
defines "Council" as an assembly or meeting for consultation, advice or discussion
a group elected or appointed as advisory or legislative body; administrative
body. If one uses the above definitions, Mr. Nackley asked why the City needs
to pay consultants for advice to operate the affairs of the City of Roanoke,
noting if the City does not have competent employees, then it should hire
competent persons.
(See co*,,~.unication from Mr. Nackley on file in the City Clerk's Office.)
The City Manager advised that Mr. Nackley received a response to his
questions, which was not a bunch of "mumbo-Jumbo" and a copy of the information
will be available in his office and the City Clerk's Office for public inspection.
Mr. Ewert clarified that Dial-A-Ride, Southwest Virginia Community
Development Corporation, To=al Action Against Poverty and the Welfare Department
Office in the First National Exchange Bank Building are not City agencies, that
Dial-A-Ride, Southwest Virginia Development Corporation, and Total Action
Against Poverty are non-profit organizations, the welfare suite in the FNEB
Building is a state organization, and none of these agencies are supervised by
City Council or by the City Manager.
Mr. Ewert stated that Mr. Nackley asked why the City is supporting
downtown when it is not supporting the City, advising that downtown pays $3.2
million in taxes each year and if that $3.2 million were not paid by downtown,
it would be taxes that would have to be placed on homeowners in the City.
Mr. EWert said Mr. Nackley stated that more businesses are closing
than opening in the past twelve months in downtown Roanoke, advising that in
the last three years, 74 businesses have opened, and 34 have closed, which is a
net increase of 40 new businesses in downtown.
The City Manager said Mr. Nackley stated that downtown will be unpro-
tected by a fire department if the old fire station on Church Avenue is closed,
advising that the response time from the Rorer Avenue station is two minutes, and
the response time from No. 6 fire station is three minutes which is certainly
better than any of the national averages and a response time that will allow
the City to protect any of the property downtown. He stated that Mr. Nackley
said we need to keep insurance rates down and that rates are computed from the
nearest fire plug, noting that this statement is inaccurate in that fire insurance
rates are not computed in this manner.
Mr. Ewert further stated that $9,000.00 was spent to clean windows in
the Main Library and branch libraries, the Civic Center, and Courthouse and this
information can be verified.
CITY EMPLOYEES-TAXES-MISCELLANEOUS: Mr. Howard E. Musser, 3613
Oaklawn Avenue, N. W., appeared before Council and advised that the image of
individuals or anyone else is developed over a long period of time through
actions, the only thing that will change an image is positive action, and at
this particular point the only positive action he could relate is the recommenda-
tion by Mr. Harvey pertaining to the hiring freeze.
Mr. Musser referred to the hiring freeze proposed by Mr. Harvey, the
intention being to curtail the expenses of the Administrative staff and, if
possible, reduce the staff through attrition, which philosophy is wholeheartedly
supported by the taxpayers.
To improve the City's image, he noted that the City needs to be more
realistic as to the economic times in which we live and he fails to see how the
elimination of duplicate services, elimination of dependence upon outside
consultants, and a curtailment of future commitments of capital expenditures
covered by the recent bond issue would curtail essential services to any citizen
of the City of Roanoke. He said the bond issue was voted upon during a different
economic environment than we presently live in.
(See transcript of Mr. Musser's remarks identified as Exhibit No. 155 on file
in the City Clerk's Office.)
175
ACT ION:
Since Hr. Husser was addressing the hiring freeze, Mr. Thomas moved
that the co~,-tcation from Councilman Harvey tn regard to the hiring freeze be
considered at this point. The motion was seconded by Hr. Garland and unanimously
adopted.
Mr. Harvey presented his co~,uication advising that Council has asked
the City Administration to respond to the effects and/or problems they would
encounter if Council imposes a hiring freeze on City personnel and the report
Council received at its meeting on Hatch 2, 1981, and subsequent discussions with
the Assistant City Manager have led him to believe that a hiring freeze as such
is neither necessary nor desirable at this time. However, he requested Council's
concurrence in requesting the Administration to delay filling the current 44
vacant positions as long as feasible, and more specifically, when the City
Manager presents his proposed 1981-82 fiscal year budget on April 20, that the
Council and the City Manager review all progr~m~ and services provided by tbs
City with an eye toward reduction in the current authorized level of employees.
Hr. Harvey advised that at the appropriate time he would like to make
a motion in respect to the recom~endation.
In respect to Mr. Musser's comments, Mr. Thomas stated that the fmnge
of a City ia not only the image of the individuals that are elected officials,
it is also the image of the citizens and whatever image we project is basically
the calibre of the facts that we exchange with each other. He asked Mr. Musser's
opinion as to what he feels are some of the areas where the City Council and the
City Administration are moving in the right direction.
Mr. Musser responded by advising that the tax rate is too high with
total taxes being too high. He stated that although he educated both of his
children in the City school system end is proud of what the system has accomplishe
there are people who are moving away from the City because they do not want
their children educated in the City School system. Ne stated that the impression
citizens get from the City Administration is that the City has not realized the
kind of economic times we live in. He said the citizens are critical of the City
relative to the number of consultants it hires.
There was discussion in regard to lapse money returned to the General
Fund, representing funds saved from the time a position is vacated until the
position is filled; whereupon, the City Manager stated that the first budget he
presented to Council took $250,000 out in lapse money, the second budget took out
$360,000, and this year $750,000 will be taken out in lapse money. In terms of
expenditures, Mr. Ewert further advised that during his first budget the rate of
inflation was 7%, and the City's expenditures were 5.6%; the second year,
was 10.1%, and the City's rate of expenditares was 7.9%; this year, inflation is
12.12%, and the City proposes 4%. He said a conservative estimate, over the
three year period, the City's expenditures will be up 15% and the rate of infla-
tion will he 29%, which means the City is at about one-half the rate of inflation.
In terms of architects and engineers, he said the City is not an architectural
and engineering firm, and for example, when we build a new jail, the City has to
hire people who know how to do that.
In concluding, Mr. Musser said in some way the tax rate has to be
brought down to offset the increases in real estate assessments and that will be
a positive step toward improving the image of the City.
Mr. Landis pointed out that during 1981-82 budget study, citizens
will have an opportunity to have input into the level of service they want and
how much they are willing to pay to support their desired level of service.
Mr. Harvey moved that Council request the City Manager to delay the
hiring or filling of the 44 vacant positions, giving the City Manager leeway to
select those positions he would like to fill in an effort to hold down expenses
and increase the lapse money, and recommending that Council and the City Manager,
during 1981-82 budget study, review programs and services provided to the citizens
with input from the citizens, which will enable Council to determine whether or
not it can reduce the authorized level of employees. The motion was seconded by
Mrs. Bowles and unanimously adopted.
The City Manager endorsed the motion, noting that it is a policy which
has been followed for the past three years.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
GRANTS-HOUSING: The City Manager submitted a written report in regard
to the Virginia Housing Development Authority Urban Preservation and Infill
Program, advising that a program of low interest Virginia Housing Development
Authority loans was announced in December, 1981, to be used for permanent single
family mortgages in Neighborhood Strategy Areas (i.e. Gainsboro, Hurt Park,
Highland Park) or similar areas, that the City of Roanoke's allocation as of
February 20, 1981, is $1,282,200, recommending that the City Manager be authorized
to negotiate and establish an approved loan program with VHDA within certain
general guidelines as more clearly defined in the report.
(For full text, see report on file in the City Clerk's Office.)
177
ACTION:
ACT ION:
ACTION:
ACTION:
Mr. Garland moved that Council concur tn the recommendation. The
motion was seconded by Dr. Butler and unanimously adopted,
ITEMS RECOI~fl~IDED FOR ACTION:
BUDGET-GRANTS-CETA: The City Manager submitted a written report in
regard to CETA carryover funds from fiscal year 1980 to fiscal year 1981, recom-
mending that the sum of $1,838,254.85 be reappropriated.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas offered the following emergency Ordinance:
(#25508) AN ORDINANCE to emend and reordain certain sections of the
1980-81 Fifth District Employment and Training Consortium Fund Appropriations,
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 412.)
Mr. Thomas moved the adoption of the Ordinance. The motion was
by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor .............................................................. 7.
NAYS: None ........................................................ 0.
HOUSING: The City Manager submitted written reports in regard to the
Urban Homesteading Program, recommending that Council authorize the City Manager
to apply for and accept a grant from HUD umder the provisions of Section 810, so
that if eligible properties become available in the designated neighborhoods,
they may be transferred to the Local Homesteading Agency.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Landis offered the follow/ng Resolution:
(#25509) A RESOLUTION authorizing the City Manager to file an applica-
tion with the United States Department of Housing and Urban Development to
participate in the Urban Homesteading Program under Section 810 of the Housing
and Community Development Act.
(For full text of Resolution, see Resolution Book No. 46, page 413.)
Mr. Landis moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................. 7.
NAYS: None ........................................................ 0.
CITY ATTORNEY:
CITY EMPLOYEES-COUNCIL-PENSIONS: The City Attorney submitted a written
report transmitting an Ordinance which will permit voluntary participation of
all City officers and employees in the International City Management Association
Retirement Corporation Deferred Compensation Plan.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#25510) AN ORDINANCE providing for the voluntary participation of
City officers and employees in the International City Management Association
Retirement Corporation Deferred Compensation Plan and establishing the terms and
conditions of such participation; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 413.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Landis and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................ 7.
NAYS: None ........................................................ 0.
DIRECTOR OF FINANCE:
DIRECTOR OF FINANCE-UTILITIES-CONSULTANT'S REPORTS: The Director of
Finance submitted a written report recommending that the contract with Network
Computing Corporation for the utility billing system be renewed for a period of
one year.
(For full text, see report on file in the City Clerk's Office.)
178
ACTION:
ACTION:
Hr. Thomas offered the follow/hr emergency Ordinance:
(#25511) AN ORDINAl/CE authorizing the City Hanager to rene~ a contract
w/th Network Computing Corporation of Charlotte~ North Carolina, to provide the
City a utility billing system; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 414.)
Hr. Thomas moved the adoption of the Ordinance. The motion was seconded
by Hr. Landis and adopted by the following vote:
AYES: Council member8 Bowles, Butler, Garland, Harvey, Landis, Thomas
and Hayor Taylor ........................................................... 7.
NAYS: None ........................................................ O.
REPORTS OF CO~tlTTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
SPECIAL PERMITS-STREETS AND ALLEYS: Ordinance No. 25496 granting to
Reliance Universal, Incorporated, a revocable license to install and maintain
utility lines across a City right of way which extends northward from Roanoke
Avenue, S. W., the location of such lines being more particularly shown on a map
attached to a report of the City Manager under date of March 2, 1981, having
previously been before the Council for its first reading on Monday, March 2,
1981, read and adopted on its first reading and laid over, was again before the
body, Mr. Garland offering the following for its second reading and final adoption:
(#25496) AN ORDINANCE granting to Reliance Universal, Inc. a revocable
license to install and maintain utility lines across a City right of way.
(For full text of Ordinance, see Ordinance Book No. 46, page 410.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................. 7.
NAYS: None ........................................................ 0.
BUDGET-MAYORS' COMMITTEE ON EMPLOYMENT OF THE HANDICAPPED: Council
having previously instructed the Director of Finance to prepare the proper
measure appropriating $3,000.00 to provide funds for the Mayors' Committee on
Employmmnt of the Handicapped to develop a 12 - 18 minute professional slide/tape
presentation to be shown to approximately 1500 mid and upper-level business
management persons during its first year of existence, Mrs. Bowles offered the
following emergency Ordinance:
(#25512) AN ORDINANCE to amend and reordain certain sections of the
1980-81 General Fund Appropriation Ordinance, amd providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 414.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Landis and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor .......................................................... 7.
NAYS: None ....................................................... 0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: NONE.
SEWERS AND STORM DRAINS: The Mayor advised of a request of Mr. Gary
Foutz on behalf of the Southeast Neighborhood Alliance that Council meet with
them to discuss the handling of sludge at the Sewage Treatment Plant and the
increase in sewage treatment rates.
Mr. Thomas stated that the Water Resources Con,nittee will meet on
Wednesday, March 18, 1981, at 2:00 p.m., and either prior to or following the
Water Resources Committee meeting would be an opportune time to meet with the
group; whereupon, the Mayor advised that he would confer with Mr. Foutz on a
mutually agreeable time.
NATIONAL LEAGUE OF CITIES: Mrs. Bowles presented a statement in
regard to attendance on March 1 - 3, 1981, at the annual Congressional City
Conference in Washington, D. C., as a member of the Transportation and Co~z~unica-
tions Policy Co~ittee of the National League of Cities.
(For full text, see statement on file in the City Clerk's Office.)
Hr. Thomas presented a written statement in regard to his attendance at the
meeting, setting forth certain points that were made at the meeting and problem areas
to be aware of.
(For full text, see statement on file in the City Clerk's Office.)
ACTION:
Hr. Garland moved that the statements be received and filed. The motion was
seconded by Dr. Butler and unanimously adopted.
BUDGET-CITY GOVERI~W~T: The City Hanager presented an oral report in regard
to a meeting held on Friday, Hatch 6, 1981, in Richmond, Virginia, in which the City
Manager and the City Attorney represented the City of Roanoke relating to the impact of
proposed federal budget cuts on certain Virginia localities involved in numerous federal
programs.
(For full text, see transcript identified as Exhibit No. 156 on file in the City
Clerk's Office.)
COUNCIL: The City Manager requested that Council meet in Executive Session
to discuss a personnel matter.
ACTION:
Mr. Thomas moved that Council concur in the request. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas and
Mayor Taylor ............................................................................ 7.
NAYS: None .................................................................. 0.
BUDGET: Mr. Landis requested that Council consider holding a meeting prior to
1981-82 budget study sessions in which citizens could address the Council regarding the
level of service they would like to maintain and are willing to pay for.
At 9:35 p.m., the Mayor declared the meeting recessed.
At 10:15 p.m., the meeting reconvened in the Council Chamber with all members
of Council present, and Mayor Taylor presiding.
ACTION:
VIRGINIA MUNICIPAL LEAGUE: In regard to City of Roanoke representation on
the Virginia Municipal League's Policy Comittees, Hr. Harvey moved that Council concur
in the following nominations:
COMMUNITY DEVELOPMENT
Mr. Earl Reynolds
EFFECTIVE GOVERNMENT
Mr. Charles L. Landis
ENVIRONMENTAL QUALITY
Mayor Noel C. Taylor
HUMAN DEVELOPMENT
Vice-Mayor Wendell H.
Butler
PUBLIC SAFETY
Mr. Robert A. Garland
TRANSPORTATION
Mrs. Elizabeth T. Bowles
The motion was seconded by Dr. Butler and unanimously adopted.
INDUSTRIES: Pursuant to Resolution No. 25345 adopted on October 13, 1980,
providing for the appointment of a Roanoke Valley Industrial Fact Finding Commission to
consist of five persons appointed by the Council of the City of Roanoke, five persons
appointed by the Roanoke County Board of Supervisors, the Chief Administrative officers
from each Jurisdiction, a representative from the Planning and Economic Development
Departments of each Jurisdiction, and a member of each Chamber of Comerce, Mr. Thomas
placed in nomination the name of Mr. Frederic H. Phillips as an ex-officio member from
the Roanoke Valley Chamber of Commerce.
There being no further nominations, Mr. Phillips was elected as ex-officio
member from the Roanoke Valley Chamber of Commerce to the Roanoke Valley Industrial
Fact Finding Co~nission by the following vote:
ACTION:
FOR MR. PHILLIPS: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ............................................................... 7.
There being no further business, the Mayor declared the meeting adjourned at
10:20 p.m.
APPROVED
ATTEST:
City Clerk Mayor
179
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
March 23, 1981
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the Council Chamber in the
Municipal Building, City of Roanoke, on Honday, Hatch 23, lg81, at 2:00 p.m., the regular meeting
hour, vlthNayor Noel C. Taylor presiding.
PRESENT: Council members Elizabeth T. Bowles, Wendell H. Butler, Robert A. Garland,
James G. Harvey, II, Charles L. Landis, Hampton W. Thomas and Hayor Noel C. Taylor ...............
ABSENT: None ........................................................................ 0.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. Sam H. McGhee, III, Assistant City
Manager; Mr. Wilburn C. Dibling, Jr., City Attorney; Mr. William X Parsons, Assistant City Attorney;
Mr. Joel M. Schlanger, Director of Finance; and Mrs. Mary F. Parker, City Clerk.
The invocation was delivered by Mayor Taylor.
The Pledge of Allegiance to the Flag of the United States of America was led by Mayor
Taylor.
BID OPENINGS
ACTION:
ACTION:
SIDEWALK-CURB AND GUTTER-STREETS AND ALLEYS: Pursuant to notice of advertisement
for bids for new curb and gutter, entrances, paving and related drainage items on Redwood
Road, Catawba Street and Garden City Boulevard, S. E., said proposals to be received by
the City Clerk until 1:30 p.m., on Monday, March 23, 1981, and to be opened and read
before the Council at 2:00 p.m., on that date, 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:
T. H. Phelps, Incorporated
H & S Construction Company
Virginia A~phalt Paving Company,
Incorporated
John A. Hall & Company, Incorporated
S. R. Draper Paving Company,
Incorporated
L. H. Sawyer Paving Company,
Incorporated
S. C. Rossi & Company,
Incorporated
- $ 109,537.75
- 115,399.05
118,959.75
- 123,711.50
125,331.25
130,312.60
154,714.50
Mr. Thomas 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 Dr. Butler and unanimously adopted.
The Mayor appointed Messrs. Charles L. Landis, Chairman, K. B. Kiser and
Thomas F. Brady as members of the committee.
CONSENT AGENDA
ACTION:
The Mayor advised that all matters listed under the Consent Agenda were consider-
ed to be routine by the City Council and would be enacted by one motion in the forms
listed on the agenda, and if discussion was desired, that item would be removed from the
Consent Agenda and considered separately.
MINUTES: Minutes of the regular meeting of Council held on Monday, March 2,
1981, and the regular meeting held on Monday, March 9, 1981, 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. Garland and adopted
by the following vote:
AYES: Council members Bowies, Butler, Garland, Harvey, Landis, Thomas and
Mayor Taylor .......................................................................... 7.
NAYS: None ................................................................. 0.
COMPLAINTS-POLICE DEPARTMENT: A report of the City Attorney regarding the
complaint of Entsminger v. Smith, et al., alleging unlawful treatment by members of the
Roanoke City Police Department, seeking punitive damages for claimed verbal abuse and
property damage, advising that the action has been dismissed and the case stricken from
the docket of the court, was before Council.
(For full text, see report ou file in the City Clerk's Office.)
'181
ACT ION:
Mrs. Bowles ~oved that the report be received and filed. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ...................................................... 7.
NAYS: None ..................................................... 0.
REGULAR AGENDA
ACTION:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
TAXES: Mr. J. H. Johnson, 1103 Overland Road, S. W., appeared before
Council and read a prepared statement in regard to property tax assessments and
pension plan funds.
(For full text, see statement on file in the City Clerk's Office.)
In addition to the above written statement, Mr. Johnson advised that
in the past there was a card system in existence in the Commissioner of Revenue's
Office which gave a complete description of each individual piece of property
in the City, noting that the cards are still available and could be updated by
reliable persons going door to door to determine if the information is accurate.
In order to get the matter out of politics, he said Council could request the
Judges of the Circuit Court to appoint persons to use the information on the
cards in reappraising the property and provide for equalization thereof. Mr.
Johnson said this method of assessing would be far less expensive than the
current computerized method.
Mr. Landis moved that the statement be received and filed. The
motion was seconded by Mr. Garland.
The Director of Finance responded to the current Interest rates which
the City is now receiving on funds invested in the pension fund, advising that
the City currently earns 18.1% on its money, noting that in the last 61 days
the City made over $1.1 million in taking stock gains, and the bonds are
yielding 11.6%. He said there is no major problem in the pension system and
Roanoke has one of the soundest pension systems in the country.
In response to a question from Council, Mr. Schlanger advised that the
five per cent cost of living increase for retirees last year added $2.6 million
to the City's unfunded accrued liability and funding comes directly from the
taxpayers of the City inasmuch as the City currently contributes in the area of
$2.8 million to $3 million directly into the pension system.
The City Attorney advised that issue has been raised as to whether
the State Code or some other provision of law requires that the Director of
Real Estate Valuation be certified by the State Tax Com~ission, noting that
there is a provision in the State Code which would require that that be the
case in certain cities, however, the State Code specifically exempts certain
cities from this particular requirement and from other State Code requirements
in respect to assessment procedures. He said that the General Assembly has, by
special act adopted many years ago, provided for the manner in which assessments
are conducted in the City of Roanoke and the manner in which the Assessor is
appointed and those provisions referred to by Mr. Johnson are not applicable to
this City. He noted that this is not a new issue, but is one that was fully
explored by the Council before it made the appointment in question.
The motion to receive and file Mr. Johnson's statement was unanimously
adopted.
PETITIONS AND COMMUNICATIONS:
TAXES-BUDGET-ROANOKE CIVIC CENTER: Counci]z~n Landis presented a
communication in regard to a public bearing at the Roanoke Civic Center immediate
prior to 1981-82 budget study to determine what level of service citizens want
and are willing to pay for.
(For full text, see communication on file in the City Clerk's Office.)
In further explanation, Mr. Landis advised that the City Manager is
scheduled to present the proposed fiscal year 1981-82 budget to Council on April
20, 1981, that said budget will include an alternative budget (a level funded
budget which will fund the City at approximately the same level of spending
appropriated during fiscal year 1980-81), that citizens will have an opportunity
to review the two budgets to see the impact on the City of a level funded budget
and determine whether or not this is the level of service they want.
Mr. Landis further advised that Council represents the entire City
and must make its decisions based on what is best for the City as a whole.
He noted if citizens want fewer services, it is incumbent upon Council to reduce
the tax rate accordingly. He stated that it would appear, based upon revenue
projections at this time, in order to give citizens a substantial reduction in
the real estate tax rate, while at the same time provide a cost of living increase
of some type for city employees, would necessitate some reduction in services.
He said anyone with budgetary requests or concerns should make them know~ at
the public hearing.
182
ACTION:
ACTION:
ACTION:
ACTION:
Hr. Landis moved that Council hold a public hearing at the Roanoke
Civic Center following receipt of the proposed budget and prior to 1981-82
budget study sessions. The motion was seconded by Hr. Garland.
Hr. Thomas requested that the Administration prepare a brief synopsis
of the proposed 1981-82 budget to be disseminated to the public prior to the
public hearing.
Mr. Edmund A. Damns, 1920 Deyerle Road, S. W., appeared before Council
and requested that he be furnished with five copies of the 1977-1980 revenues
as well as itemized departmental expenditures prior to the public hearing.
There was concern expressed as to the possibility of pitting one segment
of the citizenry against another, and certain members of Council expressed the
opinion that Council needs to hear from all taxpayers end evaluate the total
overall situation.
Mr. George T. Hitch, President, Concerned Citizens and Property Owners
of the City of Roanoke, appeared before Council and advised that in such an open
meeting at the Civic Center, matters could get out of hand and the crowd could
be hard to control. He stated that organizations representing teachers will try
to persuade Council not to reduce t.~xes and inquired if all teachers who are
employed in the City of Roanoke system are City residents. Upon being advised
that all teachers who teach in the City system are not City residents, Mr. Hitch
stated that if they are not City residents, they should not have the right to
oppose anything pertaining to the City.
Mr. Chapman Porterfield, member of the Concerned Citizens and Property
Owners of the City of Roanoke, inquired as to whether or not the public hearing
is being called by Council; whereupon, Mr. Landis advised in the affirmative.
Mr. Thomas further advised that it has been the tradition of Council each year
to hold a public meeting before Council adopts the budget to hear citizen organi-
zations and groups who desire input into the totality of the budget before a
final decision is made. He said the only difference in Mr. Landis' motion is
moving the meeting to the Civic Center, publicizing the fact that a meeting is
going to be held, and disseminating budget information prior to the public hearin
The motion offered by Mr. Landis, seconded by Mr. Garland, was unani-
mously adopted.
It was agreed that the date of the public hearing would be announced
at a later date.
REPORTS OF OFFICERS:
CITY MA~AGER:
BRIEFINGS:
ZONING-SPECIAL PERMITS: Council having referred to the City Manager
for study, report and recommendation a request of Hr. Dannie G. Wesselink for a
home occupation permit to repair televisions, the City Manager submitted a
written report recommending that the request be denied.
(For full text, see report on file in the City Clerk's Office.)
Mr. George T. Hitch, 1255 Lakewood Drive, S. W., appeared before
Council in support of the request of Mr. Wesselink, advising that there are
beauty shops in residential sections of the City that generate more traffic
than the type of operation requested by the petitioner and on behalf of Mr.
Wesselink, requested that Council vote in favor of the home occupation permit.
Mrs. Bowles advised that she has received telephone calls from resident
of the neighborhood expressing opposition to the infiltration of this type of
business into their area and the complainants requested that she convey their
concerns to Council.
Mrs. Bowles moved that Council concur in the recommendation of the
City Manager that the request be denied. The motion was seconded by Mr. Landis
and adopted, Mr. Harvey voting no.
Mr. Harvey stated that he has reservations about a governing body
imposing upon an individual what he or she can do in his or her home as long as
it does not interfere with the neighborhood.
STATE HIGHWAYS: Mr. Richard B. Burrow, City Engineer, appeared
before Council and presented an oral briefing in regard to identification of
the most critical highway-related needs to be presented to the Virginia Department
of Highways and Transportation at its annual preallocation hearing.
(For full text of Mr. Burrow's oral presentation, see Exhibit No. 157 on file
in the City Clerk's Office.)
Mr. Thomas moved that Council concur in the plan as presented by the
City Engineer. The motion was seconded by Mr. Garland and unanimously adopted.
183
ACTION:
ACTION:
Inasmuch as the Council will hold a public hearing on Monday, April
13, 1981, at 7:30 p.m., or as soon thereafter as the matter may be heard, on
the request of VirBinia lioldini Corporation that Co-~,-~wealth Avenue, N. E.,
from Wells Avenue to the north side of Shenandoah Avenue be vacated, discontinued
and closed, Mr. Thomas moved that the actual decision to close the street be
held in abeyance until the regular maetinB of Council on Monday, April 27,
1981, or such other time as so desiimated by the Mayor. The motion was seconded
by Dr. Butler and unanimously adopted.
IT~dS RECOMMENDED FOR ACTION:
BUDGET-PARK~ AND PLAYGROUNDS-DONATIONS: The City Manager submitted a
written report reco-~endinB that $5,000.00 be appropriated to the Department of
Parks and Recreation Sports Material account to permit proper disbursement of
funds presented to the City by the Chzmher of Corette to be used by the Depart-
ment of Parks and Recreation sandlot football program.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency Ordinance:
(#25513) AN ORDINANCE to amend and reordain certain sections of the
1980-81 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 415.)
ACTION:
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor .................................................... 7.
NAYS: None ....................................................... O.
REFUSE COLLECTION-POLICE DEPARTMENT-EQUIPMENT: The City Manager
submitted a written report concurring in a report of the Bid Co-~!ttee regarding
the purchase of eight marked police vehicles and two refuse compactor bodies.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis presented a report of the committee recommending that
the bid of First Piedmont Corporation for two rear loading refuse bodies with
container handling devices, in the total amount of $32,887.00 be accepted; that
the credit of $250.00 for not installing the rear step and $110.00 for not
providing the power take-off be accepted; that other bids be rejected; and that
funding come from Refuse Collection Operational and Construction Equipment
account.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis presented a report of the committee recommending that
Council accept the bid of Berglund Chevrolet, Incorporated, for the purchase of
eight new marked police cars, in the amount of $65,793.52, and that all other
bids be rejected.
(For full text, see report on file in the City Clerk's Office.)
Following a discussion of the recommendations, Mr. Landis offered the
following emergency Ordinance accepting the bids of Berglund Chevrolet, Incorpora!
and First Piedmont Corporation:
(#25514) AN ORDINANCE providing for the purchase of certain vehicu-
lar equipment for use by the City, upon certain terms and conditions, by
accepting certain bids made to the City for furnishing and delivering said
vehicular equipment; rejecting certain bids made to the City; and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 415.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ..................................................... 7.
NAYS: None ........................................................ O.
CITY ATTORNEY:
BUSES-INTERMODAL TRANSPORTATION TERMINAL: The City Attorney submitted
a written report advising that at the March 16, 1981 Financial and Planning
Session, Council concurred in the reco~m~endation of the City Manager that the
City enter into an agreement with Greater Roanoke Transit Company for provision
by the City to GRTC of support services in connection with the administration
of a grant for the construction of the Intermodal Transportation Terminal, and
transmitting a Resolution which will effect said reco~mendation.
(For full text, see report on file in the City Clerk's Office.)
184
ACTION:
ACTION:
ACTION:
Mrs. Bowles offered the following Resolution:
(~25515) A RESOLUTION authorizing the appropriate City officials to
execute an agre~nt with Greater Roanoke Transit Co~any (GRTC) for the provision
by the City to GRTC of support services in connection with the administration
of a grant for construction of the Intermodal Transportation Terminal.
(For full text of Resolution, see Resolution Book No. 46, page 416.)
Mrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ...................................................... 7.
NAYS: None ........................................................... 0.
DIRECTOR OF REAL ESTATE VALUATION:
OFFICE OF REAL ESTATE VALUATION: A request of the Director of Real
Estate Valuation for an Executive Session to discuss a contractual matter, was
before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas moved that Council concur in the request. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ......................................................... 7.
NAYS: None .......................................................... 0.
REPORTS OF COt~fITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
BUDGET-SCHOOLS: Council at its Financial and Planning Session on
Monday, March 16, 1981, having concurred in a request of the Roanoke City
School Board that $166,672.00 be appropriated to Co~nity Education, Title IV;
that $6,960.00 be appropriated to Special Education/Vocation Program; that
$124,263.00 be appropriated to Public Law 874; and that $148,906.00 be appropriatel
to Come, unity Education, Title II-D, of the 1980-81 School Board budget, Mr.
Landis offered the following emergency Ordinance:
(#25516) AN ORDINANCE to amend and reordain certain sections of the
1980-81 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 416.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ...................................................... 7.
NAYS: None ........................................................ 0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: NONE.
COMMITTEES: A list of vacancies on various authorities, boards, commis-
sions and committees of the Council, was before the body.
The Mayor advised that action on the matter would be deferred until the
regular meeting of Council on Monday, April 6, 1981.
SCHOOLS: As of July 1, 1981, there will be two vacancies on the Roanoke
City School Board created by the expiration of the terms of Mr. George W. Harris,
Jr., and Ms. Jayne A. Thomas and pursuant to Resolution No. 24409 establishing a
procedure for the selection of School Board trustees, the Council agreed to meet
as a Committee of the Whole on March 23, 1981, at 4:00 p.m., to review and conside~
all candidates for the position of School Trustee, the matter was before the
body.
Applications were filed by:
Mr. John O. Claytor
Mr. Floyd G. Hancock
Mrs. Marion V. Howard
Mr. Eugene C. Morgan
Mr. Thomas J. Surface
Mr. Harwell M. Darby
Mr. George W. Harris, Jr.
Ms. Zemon K. McManaway
Mr. Allen H. Pike
Ms. Jayme H. Thomas
ACTION:
ACTION:
ACTION:
Hr. Thomas moved that Council meet ~n Executive Session on a personnel
matter to discuss the applications filed prior to the Tuesday, March 10 deadline.
The motionwas seconded by Dr. Butler and adopted by the following vote:
AYES: Council makers Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor .......................................................... 7.
NAYS: None .................................................... 0.
OTHER HEARINGS OF CITIZ~S:
BUDGET-GRANTS: The City Manager submitted a written report advising
that preliminary U.D.A.G. award for $4,211,700 for construction of two parking
garages was made to Roanoke by HUD on November 16, 1979, that contracts with HUD
were authorized for execution and the grant was accepted by Council on January
28, 1980, that the amount of $3,211,700 of the original preliminary grant was
approved by HUD for expenditure and Council appropriated the funds on July 14,
1980, that the remaining $1,000,000 of U.D.A.G. award has been authorized for
expenditure by HUD and City staff was successful in getting HUD to accept substi-
tute investments, and recom~ending that Council appropriate the remaining U.D.A.G.
funds in an account to be determined by the Director of Finance.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas offered the following emergency Ordinance:
(#25517) AN ORDINANCE to amend and reordain certain sections of the
1980-81 Capital Projects Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 417.)
Mr. Thomas moved the adoption of the Ordinance. The motion was seconde¢
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................ 7.
NAYS: None ....................................................... O.
LIBRARIES-PARKS AND PLAYGROUNDS: The City Manager presented an oral
briefing on the schematic design for the proposed expnnsiun of Elmwood Park, the
planting of flowers and trees in the park, and the expansion of the main library,
advising that the plans have been reviewed and approved by the Roanoke Public
Library Board, the Roanoke Council of Garden Clubs, and Festival in the Park
Board.
The Mayor inquired as to whether or not Council concurs in the schemati~
design and hearing no remarks to the contrary, the City Manager advised that he
would return to Council within approximately two months with a bid.
SALE/PURCHASE OF PROPERTY-ROANOKE MEMORIAL HOSPITALS; Mr. Edmund A.
Damus, 1920 Deyerie Road, S. W., appeared before Council in regard to purchase by
the City of land on Church Avenue, S. W., for $150,000.00 as the site for a
landscaped mall, noting that the assessment was $66,000.00, increased to
$102,000.00, and purchased by the City for $150,000.00, advising that if Council
can rescind the purchase, withdraw the money and renegotiate, it would be greatly
appreciated.
Mr. Damus also addressed the matter of purchase by Roanoke Memorial
Hospitals of a certain city-owned parking lot and other property in the vicinity
of the hospital.
(For full text of Mr. Damus' remarks, see Exhibit No. 158 on file in the City
Clerk's Office.)
The City Attorney explained provisions of the lease between the City of
Roanoke and the hospital regarding the parking lot.
In regard to levying a tax or service charge against the hospital, the
City Attorney advised that a few years ago the City obtained the authority to
tax Roanoke Memorial Hospitals and as the City began to discuss levying a service
charge in lieu of taxes, the General Assembly amended the act to prohibit the
City from levying any tax or service charge against an institution such as Roanoke
Memorial Hospitals; therefore, even if the City would like to institute such a
charge, it is prohibited from doing so.
BUDGET: Councilman Landis expressed concern over the impact of the
Federal budget upon the City, advising that the City's budget begins July 1 and
the Federal Government's budget begins October 1 and if during that time the City
finds a substantial reduction in Federal funds, he inquired as to the options
of the City to adjust the City's budget since there will be no way the City could
pick up, using local money, many of the programs for which Federal funds are
appropriated. The City Manager advised that each program such as general revenue
sharing, programs that involve the school budget, the transportation program, et
al., will be reviewed individually and if necessary, the budget can be altered
after its adoption.
18'5
186
There beinE no further business,
ed at 4:20 p.=.
City Clerk
the liayor declared the meetins adjourn-
APPROVED
Mayor
SPECIAL SESSION ...... EOANOKE CITY COUNCIL
April 6, 1981
12:30 p.m.
The Council of the City of Roanoke met in special meeting in the Council Chnm~er
in the Municipal Building, City of Roanoke, on Monday, April 6, 1981, at 12:30 p.m., with
Mayor Noel C. Taylor presiding.
PRESENT: Council members Elizabeth T. Bowles, Wendell H. Butler (arrived at 12:4
p.m.), Robert A. Garland, James G. Harvey, II, liampton W. Thomas and Mayor Noel C.
Taylor ................................................................ 6.
ABSENT: Council member Charles L. Landis ..................................... 1.
OFFICERS PRESENT: Mr. H. B. Ewert, City ManagerI Mr. Sam H. McGhee, III,
Assistant City Manager; Mr. Wilburn C. Dibling, Jr., City Attorney; fir. William X Parsons,
Assistant City Attorney; Mr. Joel M. Schlanger, Director of Finance; and Mrs. Mary F.
Parker, City Clerk.
The invocation was delivered by Mayor Noel C. Taylor.
The Pledge of Allegiance to the Flag of the United States of America was led by
Mayor Taylor.
At the request of the Mayor, the City Clerk read the following notice calling
the special meeting:
"Roanoke, Virginia
April 3, 1981
Honorable Mayor and City Council
Roanoke, Virginia
Members of Council:
Subject: Special Meeting
In accordance with Section 10 of the Charter of the City
of Roanoke, I would like to call a special meeting of the City
Council at 12:30 p.m., Monday, April 6, 1981, for the purpose
of hearing a special report concerning the development of a
downtown hotel.
No action will be required to be taken.
Respectfully submitted,
S/ Sam H. McGhee, III/for
H. B. Ewert
City Manager"
The City Manager advised that Appletree Enterprises was engaged approxi.
mately a year ago to explore the feasibility of another first rate conference
center in the downtown area, and introduced Mr. Scott A. Godin, Vice President
and General Manager, Landmark Division of Appletree Enterprises, Incorporated.
Mr. Godin advised that the hotel manager will be Trusthouse Forte, of
London, England, and representatives of the hotel would present a film and slide
presentation, noting that there would be discussion of the plan and how it
works, financial discussions and a question and answer period.
Mr. Godin advised that Appletree Enterprises have been attempting to
develop the project in some of the most bizarre and difficult times that the
long-term real estate money markets have ever seen; they are encouraged that
they have been able to put the pieces together as they had hoped; and they think
there is a very good probability that the project will come to pass. He intro-
duced Mr. Michael Fla=~n representing Trnsthouse Forte.
At this point (12:45 p.m.), Dr. Butler entered the meeting.
Mr. Flaxman advised that Trusthouse Forte is the largest hotel and
catering group in the world with over 800 hotels, 3,000 restaurants and numerous
other catering and leisure activities, and it is also the oldest hotel company
in the world with parts of the company dating back to the 1690's. He further
advised that the modern day company began in the early 1900's with the advent of
railways in Great Britain, explaining that there were numerous coaching inns
along the old stage coach routes which fell into disrepair as people began
taking the railways, and a trust was set up to protect these coaching inns; that
they became known as trust houses, and that was the start of the modern day
company; and in 1970 they embarked on an expansion program in North America.
Mr. Flaxman stated that their philosophy as far as individual hotels
is very important in that they believe in order for a hotel to be a commercial
success, first of all it has to be a success in the c~-...~,uity in which it is
located. He further stated the second most important philosophy of the company
is people; that they employ over 70,000 persons world-wide, and they have found
'187
188
it is very important to obtain local employees, and they e~eavor to train their
employees in house so they ~rlll have long careers w~th the company.
Mr. FlaTM advised that the North American expansion is in many areas,
and the company operates everything from top deluxe hotels throughout the world
to resort hotels, commercial hotels and motor hotels; and they own and operate
all the Travel Lodges throughout the world. He stated their main expansion in
this country is through a group of hotels they call Excelsior Hotels which are
oriented toward the meeting/convention market, and they feel this type of hotel
has the greatest potential for growth in the United States. He introduced the
Director of Marketing for the Excelsior luxury convention hotels, Ms. Pat Sells.
Ms. Sells advised that Excelsior is a new chain which was formed in
the latter part of last year, and they have hotels now under construction in
cities such as Tulsa, Little Rock, M/,mt, Dallas, and renovation projects in
Philadelphia, and Toronto, Canada. She stated that the company is doing a lot
of primary investment in the sun belt and one of their number one developers is
the Landmark Corporation. She advised that they have found when they train
people in the sun belt, there is a hospitality which is basically engrained in
this part of the country that goes along with their standard of service and
excellence.
Mr. Flaxman added that the company is very large with a net worth of
over $1.5 billion plus revenues of about $1.8 billion, but these are all created
by small units which make up the whole company. He then presented a film showing
the diversity of the company, and a slide presentation showing what they are
doing in the United States, and how they expect to enlarge their market in the
U. S., especially toward the convention oriented hotels.
Mr. Tom Van Housen, Vice President, Landmark Division of Appletree
Enterprises, Incorporated, appeared before Council and advised that his responsi-
bility is to coordinate and determine the feasibility of the project. He
stated the Landmark study determined the partnership relationship between the
public and the private sector. He advised that part of their study was a Laven-
thol and Hozwath market study which said at the end of three years the City
should have a profitable venture in the hotel/conference center business; that
they also took an independent study dealing with the conference aspect itself
which said unlike a normal 250 room hotel, we should expand and almost double
the size of the conference meeting rooms from 400 seating to 800 - 1,000 seating
with special audio-visual equipment; that they also had a separate retail study
performed by an independent contractor to determine if any additional ground
floor retail could be supported in the market place in Phase I and it could not,
the independent contractor advising that would come in Phase II. He advised that
they are in the process of putting together a booklet primarily for mortgage
commitment purposes to excite the hotel operator into the market place. He
further advised that based on the positive studies and acceptance of Trusthouse
Forte to be a part of the project, they have come to the point where they think
they do have a project and are willing to spend mare time and effort in order to
achieve that. He showed a slide presentation explaining organizational structure.
advising that they are a member of the Ellerbe Organization. He stated that
Ellerbe Associates at this point is the architectural/engineering group, and its
industrial division is working with Norfolk and Western Railway Company; that
they have an international division which develops hospitals in foreign lands;
that they have a planning and management services division which puts together
programs for hospitals in various facilities and continuing maintenance management
procedures; that they have a design/build organization which builds the facilities
that the organization the City is dealing with is Appletree Enterprises which is
basically a development and real property management team composed of Landmark
and a real property division leasing management of various activities. He
advised that the architectural concepts have been done by Ellerbe Associates and
preliminary cost estimates have been furnished by Finance Design Construct.
Mr. Van Housen reviewed the plan envisioned for the City, advising
that the hotel discussed in Phase I or Phase A is one of 240 rooms, and a conferen~
center of approximately 10,000 net square feet and 20,000 gross square feet. He
discussed traffic problems, the entrance of the hotel, and a pedestrian access
across Franklin Road. He reviewed ground floor plans of the hotel, advising
there is a nightclub facility overlooking Elmwood Park extension, a speciality
restaurant, a coffee shop, a large kitchen which will serve the nightclub,
coffee shop, restaurant and conference center; that there is 8,800 square feet
of space that is divisible into six or more parts for various size functions,
and the pre-function area can also open on occasion, thereby providing approxtmmte.
ly 10,000 net square feet of space that would accommodate 800 - 1,000 people in
one banquet sitting; that there is a cocktail lounge directly off access to the
mall; that emergency exit requirements are only off onto Franklin and Williamson
Roads; and Trusthouse Forte will employ approximately 200 - 250 employees for a
facility of this size. He reviewed second floor plans advising there is a
swimming pool, Jacuzzi, and sauna area; that all smaller convention meeting
rooms will be serviced off a service elevator; that there are house facilities
necessary for administration of the hotel; that there is a balcony which could
serve as a pre-function area, and from which one could look up and down the
Elmwood Mall. He reviewed the upper level or typical floor plans, advising the
rooms are enlarged from most hotel standards in keeping with a request of Trust-
house Forte for outstanding facilities to cater to the traveling public and to
regional conferences; that there will be a service elevator and some executive
suites; and that plans will be worked out for materials and other items that
are compatible with the neighborhood and developing com~nunity.
189
Hr. Van Housen stated that after completion of the financial study,
they will proceed to Phase B which is a syst~m~ estimate where costs are better
defined. He advised the structure srlll change a little taking into consideration
that the City may not be in an ownership position. He advised they will continue
the architectural process, consider the build process, and begin to negotiate
with local subcontractors aa to the cost of major elements of the project.
Hr. Van Housen advised when they proceed to Phase C, they will have
begun to define the financial area and control the change, and are putting
together a guaranteed maximum price, in that before construction starts, they
will have all documents together and all estimates into the form of guaranteed
maximum prices.
Hr. Van Housen stated when they get into the comttments the City and
Trusthouse Forte have asked of them, they must put together a solid program
because this is all contingent upon the fact that they can raise the debt and
equity money. He stated in the booklet being prepared there is an outline
specification setting forth the quality of materials that will be bid on the
project; that they anticipate the construction schedule to begin on or about
January, 1982; that it would be complete 20 months thereafter, or approximately
November, 1983, with the first full year of occupancy in 1984; that they would
escalate all construction costs to the midpoint of that structure which would
be about July or August of 1982. He stated they also put this package together
in order to look at some of the Urban Development Action Grants which are still
in process and would be a part of the funding application.
Mr. Godtn presented slides showing a substantial amount of the economic
underpinnings of the project and advised that the hotel itself, excluding the
conference center, is about $16 million, and with the conference center it comas
to about $18 million. He stated they are talking about doing this project with
a tax-exempt or revenue bond first mortgage, soma subordinated debt from local
sources and some pure equity in the traditional sense; that they are attempting
to now balance the project with the convention center involved, and also are
trying to come to grips with a parking solution $o they all can be financed from
one package. He advised that these types of projects are generally underwritten
on the third year cash flows and the hotel proforma shows in the third year,
the estimated revenues of about $8 i/2 million and revenues before debt service
of about $2,100,000; that this sort of income stream and dollar investment would
indicate total tax revenues of about $350,000 per year; that if the hotel and
conference center can be accomplished it will be a substantial employer, generator
of revenues and of taxes, not to mention the good it will do for downtown business.
He stated a substantial amount of the business is the food and beverage business,
and a lot is serving local needs, meetings, conferences, etc.
In regard to any commitment of the City, the City Manager advised that
there is the sale of the land, and the parking situation; that submission of an
application for UDAG funds was previously delayed and the City now feels it can
proceed as soon as possible.
Mr. Van Housen advised there are several things they would like to be
sure of, one being the extension of Elmwood Park, and also development of the
Council of the Arts Program, these being an integral part of the marketing study
and survey performed by Trusthouse Forte. He said the City is well along on
these things and has done a marvelous Job.
In regard to the importance of the Elmwood improvements to the total
environment and to the ability to build the facility, Mr. Van Housen advised as
urban designers, they look at those activities which bring people back downtown;
that they are building a hotel with Trusthouse Forte, but all of these facilities
belong to the City and its people; that the activity generated from the mall,
and the addition of the flowing water and fountains and the landscaped areas are
an integral part of what makes people come back downtown. He advised that another
part will be the new buildings in the area, and 200 - 250 new jobs which will
create much lunch hour activity.
Mr. William F. Hawkins, Senior Vice President, Management Services and
Chief Administrative Officer, Colonial American Bankshares, spoke in favor of
the hotel development.
Mr. Garland advised that he does not know what the final bill to the
City will be, but considering the projected additional $350,000.00 in tax revenue,
he feels it would be well worth the City's efforts and support to proceed with
the project as soon as possible.
Mr. Harvey advised that the additional tax revenue is attractive and he
would like to see the project move ahead, but he would also like to know the
bottom line of what the cost is going to be.
Mr. Thomas advised that it is little enough to ask of the City for
participation in the way of the UDAG grant and working out necessary details in
regard to parking, and he is pleased there is agreement for a unified approach
of support.
Dr. Butler advised that the creation of 250 new jobs is a positive
step, and a lot of citizens will be in favor of the project for this reason.
HrS. Bowles advised that while the projected tax revenue is an
portant aspect, she feels more importantly is the great t~pact on existing
businesses and merchants who want to see Roanoke gro~, and the opportunity to
bring more businesses and more people dovnto~n is vhat it is all about.
Hr. Van Housen advised that they have projected the average convention
activity ~ill probably gross to the City and retail co.unity approximately $8
million per year, this being in addition to the $350,000.00 projected taxes that
the hotel alone rill bring.
Hr. Godin advised that it is very helpful to have a piece of ground
under control and to have a parking situation that is at least cooperative; that
they no~ ~rlll try to balance federal funds, if they can be obtained, and the
traditional debt and equity sources that will be attracted to this kind of
project. He advised that the hard part is doing this in a do~ntovm setting
that is Just beginning to come back as opposed to an airport or freeway site
that lenders would perceive as a more likely proposition, and he again stressed
the importance of partnerships between public and private and business co~,nity
and developers.
Mr. George Cartledge, President, Grand Piano and Furniture Company,
expressed the opinion that what helps downtown helps the total area and also
helps to reduce taxes.
The Mayor advised there will be many assets that will benefit the City
from this development, and thinking in terms of this project and The Hotel
Roanoke working in conjunction with the Coliseum-Auditorium complex, this will
enable the City to attract larger conventions, which in turn will aid the local
economy, and in doing these things the City will be able to keep other tax rates
lower, and he feels this is a time to move forward with this development.
The City Manager requested that Council authorize the holding of a
public hearing on the Urban Development Action Grant application, that the
contract with Landmark Division of Appletree Enterprises, Incorporated, be
extended for a period of six months at no cost to the City and that the matter
be referred to the City Attorney for preparation of the appropriate documents.
ACTION:
Mr. Garland moved that Council concur in both recommendations of the
City Manager, and that the matter be referred to the City Attorney for preparation
of the proper measure. The motion was seconded by Dr. Butler and unanimously
aaopted.
There being no further business, the Mayor declared the special meeting
adjourned at 1:50 p.m.
APPROVED
ATTEST:
City Clerk Mayor
P.E~JL~ ~EEKL¥ 8ESSION ..... ROANOKE CI~ CO~CIL
~ril 6, 1981
2:00 p.m.
The Council of the City of Rcanoke met in regular meeting in the Council Cb,mher
in the Municipal Building, City of Roanoke, on Monday, April 6, 1981, at 2:00 p.m., the
regular meetin8 hour, with Mayor Noel C. Taylor presiding.
PRESENT: Council members Elizabeth T. Bowles, Wendell H. Butler, Robert A.
Garland, James G. Harvey, II, Charles L. Landis, Hampton W. Thomas and Hayor Noel C.
Taylor ........................................................................... 7.
ABSENT: None ............................................................. O.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. Sam H. McGhee, III, Assist-~
City Manager; Mr. Wilburn C. Dibling, Jr., City Attorney; Mr. William X Parsons, Assistant
City Attorney; Mr. Joel M. Schlanger, Director of Finance; and Mrs. Mary F, Parker, City
Clerk.
The invocation was delivered by Rabbi Cary D. Kozberg, Beth Israel Synagogue.
The Pledge of Allegiance to the Flag of the United States of America was led by
Mayor Taylor.
BID OPENINGS
SEWERS AND STORM DRAINS: Pursuant to notice of advertisement for bids
to remove, transport and dispose of digested sludge from the Sewage Treatment
Plant, said proposals to be received by the City Clerk until 1:30 p.m., Monday,
April 6, 1981, and to be opened and read before the Council at 2:00 p.m., on
that date, or as soon thereafter as the matter could be heard, the Mayor inquired
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:
YEARS
BIDDER PERCENT SOLID 1 2 3 4 5
Shenandoah Recycling 10/14% Solid 117.00 80.83 80.83 80.83 80.83
Bid Bond Yes 2/3% Solid 585. O0 404,30 404.30 404.30 404.30
Time to Start 90 days 20/25% SOlid 62.00 62.00 62.00 62.00
Brisco~Maphis 10/14% Solid 194.74
Bid Bond Yes 2/3% Solid 477.10
Time to Start 120 days 20/25% Solid 107.49
J & H Grading 10/14% Solid 99.99 107.99 116.63 125.96 136.04
Bid Bond Yes 2/3% Solid 399.96 431.96 466.52 503.84 544.15
Time to Start 120 days 20/25% Solid 96.83 104.58 112,95 121.99
Bio-Gro Systems, Inc. 10/14% Solid 71.829 71.829 71.829 71,829 71.829
Bid Bond Yes 2/3% Solid 199.98 199.98 199.98 199.98 199.98
Time to Start 120 days 20/25% Solid 110.00 110.00 110,00 110.00
ACTION:
ACTION:
Mr. Thomas moved that the bids be referred to a committee to be appoint-
ed by the Mayor for tabulation, report and recommendation to Council and that
the Committee be given latitude to make such recon~endations on combinations of
bids as it deems necessary. The motion was seconded by Mr. Landis and unanimousl,
adopted.
The Mayor appointed Messrs. Charles L. Landis, Chairm~p, K. B. Kiser
and Harold S. Zin~erman as members of the con~nittee.
SIDEWALK, CURB AND GUTTER-STREETS ANO ALLEYS: Pursuant to notice of
advertisement for bids for new curb and gutter, sidewalk, entrances and paving
on various streets within the old southwest section of the City of Roanoke, said
proposals to be received by the City Clerk until 1:30 p.m., Monday, April 6,
1981, and to be opened and read before the Council at 2:00 p.m., on that date,
or as soon thereafter as the matter could be heard, the Mayor inquired 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:
1'91
192
ACT IOH:
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
H & S Construction Company -
S. R. Draper Paving Company -
VirginiaAsphalt Paving C~mpamy, Inc. -
L. H. Sawyer Paving Co., Inc. -
$ 48,999.15
52,568.55
55,262.50
61,442.40
Mr. Thomas moved that the bids be referred to a committee to be appointe
by the Mayor for tabulation, report and recommendation to Council. The motion
was seconded by Hr. Landis and unanimously adopted.
The Mayor appointed Messrs. Charles L. Landis, Chairm-n, Thomas F.
Brady and Richard B. Burrow as members of the cmittee.
BRIDGES: Pursuant to notice of advertisement for bids for deck replace-
ment and repairs to the bridge over Roanoke River at Franklin Road, said proposals
to be received by the City Clerk until 1:30 p.m., on Monday, April 6, 1981, and
to be opened and read before the Council at 2:00 p.m., on that date, the Mayor
inquired 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:
Name Base Bid
Alternate No. 1
Donald H. Selvage, Inc.
E. F. Blankenship Co.
Wilkins Construction Co., Inc.
Wiley N. Jackson Co.
Lanford Brothers Co., Inc.
Robertson Construction Co.,
Inc.
Boxley Construction Co.
H & S Construction Co.
$ 199,202.80 $ 218,827.50
203,872.00 NO Bid
219,956.84 NO Bid
223,856.30 253,777.00
225,175.72 244,285.20
226,640.17
261,150.00
332,196.76
243,765.65
301,551.00
355,011.80
Hr. Thomas moved that the bids be referred to a
by the Mayor for tabulation, report and reco~endation to
was seconded by Mr. Harvey and unanimously adopted.
committee to be appointe
Council. The motion
The Mayor appointed Messrs. Charles L. Landis, Chairman, Thomas F.
Brady and Richard B. Burrow as members of the committee.
SEWERS AND STORM DRAINS: Pursuant to notice of advertisement for
bids for belt filter presses including spare parts and belts for dewatering 5800
pounds per hour (dry solids basis) of anaerobically digested municipal sludge,
said proposals to be received by the City Clerk until 1:30 p.m., Monday, April
6, 1981, and to be opened and read before the Council at 2:00 p.m., on that
date~ or as soon thereafter as the matter could be heard, the Mayor inquired 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:
Envirex
Parkson Corporation
Passavant Corporation
Ashbrook-Simon-Hartley
Komline-Sanderson Engi-
neering Corporation
$ 406,525.00
448,000.00
496,776.00
702,650.00
964,000.00
Mr. Thomas moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to Council.
The motion was seconded by Mr. Harvey and unanimously adopted.
The Mayor appointed Messrs. Charles L. Landis, Chairman, K. B. Kiser
and Harold S. Zimmerman as members of the committee.
The Director of Utilities and Operations advised that the filter
presses will be the major equipment that will go into the proposed dewatering
facility and it is requested that the Bid Committee evaluate the proposals as to
dewatering capacity, type and cost of chemicals, operating expenses and select
the three best qualified bidders prior to making a final recommendation back to
Council.
Mr. Thomas moved that Council concur in the request of the Director of
Utilities and Operations. The motion was seconded by Dr. Butler and unanimously
adopted.
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the City Council and would be enacted by one
motion in the forms listed on the agenda, and if discussion was desired, that
item would be removed from the Consent Agenda and considered separately. He
noted that there was one request for an Executive Session to discuss a personnel
matter included on the Consent Agenda.
193
ACTION:
ACTION:
ACTION:
MINUTES: Hinutes of the regular meeting of Council held on Monday,
March 23, 1981, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mrs. Bowles moved that Council dispense with the reading of the minutes
and that the minutes be approved as recorded, The motion was seconded by Mr.
Thomas and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................. 7.
NAYS: None ......................................................... O.
COUNCIL: A co,,~mication from Councilman Landis requesting an Executive
Session to discuss a personnel matter, 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. The motion was
seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ...............................................................
NAYS: None .......................................................... 0.
PENDING ITEMS: A list of items pending from February 7, 1977, through
March 23, 1981, was before Council.
(For full text, see list on file in the City Clerk's Office.)
Mrs. Bowles moved that the list be received and filed. The motion was
seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................... ?.
NAYS: None ......................................................... O.
REGULAR AGENDA
ACTION:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
SCHOOLS-BUDGET: A request of Mrs. Patricia G. Dunn, President, Central
Council of PTA's, to address the Council concerning 1981-82 funding for the
School Board budget, was before the body.
(For full text, see co~unication on file in the City Clerk's Office.)
The Mayor advised that it was his understanding there had been communi-
cation with the Central Council of PTA's and they are aware that Council will
establish a date for a public hearing at which time all fiscal budget requests
will be heard and expressed appreciation to the Central Council of PTA's for
their willingness to make their presentation at the public hearing.
PETITIONS AND COMMUNICATIONS:
LEGISLATION-CITY GOVERNMENT: Vice-Mayor Butler offered the following
Resolution in support of the concept that the corporate boundaries of the City
of Roanoke should be the boundaries of a two-member district for purposes of
representation to the Virginia House of Delegates:
(#25518) A RESOLUTION in support of the concept that the corporate
boundaries of the City of Roanoke should be the boundaries of a two-member
district for purposes of representation to the Virginia House of Delegates.
(For full text of Resolution, see Resolution Book No. 46, page 417.)
Dr. Butler moved the adoption of the Resolution. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................ 7.
NAYS: None ........................................................ 0.
BUDGET: Councilman Landis offered an oral recomaendation that all
1981-82 final budget requests be presented to City Council at a public hearing
to be held on Monday, April 27, 1981, at the Roanoke Civic Center.
The Mayor advised that he is in accord with having the public hearing
on April 27; however, he will not be present due to a commitment of long standing.
194
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
There was a period of discussion in regard to a mutually acceptable
meeting date; whereupon, Mr. Landis moved that Council hold a public hearing
relative to final 1981-82 budget requests on Monday, May 4, 1981, at 7:00 p.m.,
at the Roanoke Civic Center Coliseum. The ~otion was seconded by Mr. Thomas and
unanimously adopted.
With reference to rules of procedure to be followed at the public
hearing, Mr. Thomas moved that those persons desiring to address the Council be
requested to notify the City Clerk in writing prior to the public hearing, such
notification to include the name, address, and/or organization they represent,
that each person will be allocated ten minutes to make his or her presentation,
and the order that the speakers are placed on the agenda will be determined by the
order in which they submit their written requests to the City Clerk. The
motion was seconded by Mr. Landis and unanimously adopted.
Council advised that it will conduct budget study sessions on Tuesday,
May 5, 1981, from 8:00 a.m., to 5:00 p.m., on Wednesday, May 6, 1981, from 2:00
p.m., to 5:00 p.m., and other dates will be established as necessary.
JAIL-SHERIFF: A communication from Sheriff W. Alvin Hudson transmitting
a report of the Certification Section of the Virginia Department of Corrections,
advising that the Roanoke City Jail is in 100% compliance, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harvey moved that the co~unication be received and filed. The
motion was seconded by Mr. Garland and unanimously adopted.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
PARKS AND PLAYGROUNDS: Mr. Dinesh Tiwari, appeared before Council and
presented an oral briefing on a Comprehensive Parks and Recreation Plan for the
City of Roanoke.
(See copy of oral statement on file in the City Clerk's Office.)
Mr. Harvey moved that the statement be received and filed. The motion
was seconded by Mr. Garland and unanimously adopted.
BUILDINGS: The City Manager submitted a written report advising that
a briefing on the BOCA Property Maintenance Code was given to City Council on
March 16, 1981 and Council requested that a public hearing be scheduled for
April 13, 1981, and that a summary statement be prepared on both the proposed
BOCA Property Maintenance Code and the existing Housing and Hygiene Code, and
transmitting the requested information.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that the report be received and filed. The motion
was seconded by Mrs. Bowles and unanimously adopted.
ITEMS RECO~4ENDED FOR ACTION:
HOUSING-PLANNING-GRANTS: The City Manager submitted a written report
in connection with modification of appropriate Housing Assistance Plan goals
relating to HUD assisted housing allocation, recommending that Council amend
the three year HAP goals by shifting 80 units of elderly rental new construction
to elderly rental substantial rehabilitation; that Council amend the current
year (1980-81) HAP goal by adding 80 units of elderly rental substantial rehabili-
tation; and that Council amend the 1981-82 HAP goal by deleting 50 units of
elderly rental new construction.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency Ordinance:
(#25519) AN ORDINANCE amending the City's Community Development Block
Grant Housing Assistance Plan; authorizing the City Manager or the Assistant
City Manager to file appropriate papers, if necessary, with the United States
Department of Housing and Urban Development to effect such amendment to the
City's Plan; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 418.)
Mr. Harvey moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ................................................................ 7.
NAYS: None ........................................................... O.
ACTION:
ACTION:
ACTION:
ACTION:
AIRPORT: The City Managar submitted a written report reco~nding
authorization to snter into Supplemental Agreement No. 2 with Delta Associates,
Incorporated, in connection with their contract for airport access road design o
contract administration, and parking lot expansion design - contract administra-
tion to increase the compensation to be paid by the City to Delta Associates by
no more than $22,600.00, representin$ $3,800.00 for additional work related to
the access road and $18,800.00 for additional work related to the parkin$ lot
improvements, and that funds be transferred therefor.
(For full text, see report on file in the City Clerk's Office.)
Hrs. Bowles offered an Ordinance transferring the recommended funds.
The motion was seconded by Hr. Garland.
Hr. Thomas advised that he would like to discuss the airport on a
broad scale at the next Financial and Plmnning Session of Council, noting that he
is not prepared at this time to vote to spend approximately $18,000.00 to move
forward with the project on a lesser scale than was originally anticipated.
Hr. Thomas offered a substitute motion that action on the report be
deferred until the Financial and Planning Session of Council on Monday, April
20, 1981. The motion was seconded by Mr. Landis and unanimously adopted.
BUDGET-PUBLIC ASSISTANCE: The City Manager sub~tttted a written
report reco~ending appropriations totalling $67,425.92 to the Title XX Services
budget in connection with the purchase of certain services determined essential
for citizens of the City.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#25520) AN ORDINANCE to amend and reordain certain sections of the
1980-81 General Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 418.)
Mr. Landis moved the adoption of the Ordinance. The motion was seconded
by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................. 7.
NAYS: None ........................................................ O.
Hr. Landis referred to telephone calls and communications from indivi-
duals who are concerned about continued funding of the Title ~ services for
fiscal year 1981-82, and requested that the City Manager or the Director of
Human Resources transmit the appropriate response to the individuals involved
on behalf of the entire Council.
HOUSING: The City Manager submitted a written report concerning
selection of lending agents for the Virginia Housing Development Authority low
interest loan program, recommending that Council authorize and direct the City
Clerk to conduct a blind selection of three agents at large from the 13 eligible
and interested agents at the April 6, 1981, Council meeting.
(For full text, see reports on file in the City Clerk's Office.)
Hr. Harvey moved that Council concur in the recommendation. The
motion was seconded by Dr. Butler and unanimously adopted.
The Mayor then requested that the City Clerk conduct the blind selection
of three agents from the 13 eligible and interested agents. Names of the 13
agents were placed in unmarked, sealed envelopes; whereupon, the City Clerk
selected the following three agents:
VNB Mortgage Corporation
2030 Colonial Avenue, S. W.
Colony Savings and Loan Association
402 South Jefferson Street
First National Exchange Bank
201 South Jefferson Street
PARKING GARAGE: 1/r. Timothy L. Jamisnn representing the architectural
firm of Hayes, Seay, Mattern and Matte~n, appeared before Council and presented
schematic plans for the market square parking garage.
The City Manager advised of receipt of a letter from the Urban Mass
Transportation Administration awarding the City a total grant of $2,097,280 to
aid in financing the construction of an intermodal transportation terminal. He
noted that the City can now proceed wi~h design and bidding criteria.
TRAFFIC: The City Manager having previously submitted a written
report concerning penalties for unlawful parking, he orally requested that the
report be withdrawn in order that it may be brought back to Council at a later
date with additional information.
195
196
ACTION:
ACT ION:
ACTION:
ACTION:
M~s. Bowles moved that Council concur in the request to withdraw the
report. The motion was seconded by Dr. Butler and unanimously adopted.
BUDGET-DOWNTO~ ROANOKE-CITY MARKET: The City Manager submitted a
written report concurring in a report of the Bid Con~ittee recom~nding that the
bid of Wenger Corporation, in the -~unt of $19,950.00, for a variable height
portable stage for the market square be accepted, and that funds be transferred
therefor.
(Fcr full text, see report on file in the City Clerk's Office.)
Hr. Landis offered the following emergency Ordinance transferring
$19,950.00:
(#25521) AN ORDINANCE to amend and reordain certain sections of the
1980-81 Capital Projects Fund Appropriation, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 419.)
Hr. Landis moved the adoption of the Ordinance. The motion was seconded
by Dr. Butler and adopted by the following vote:
AYES: Council mambers Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................... 7.
NAYS: None ......................................................... 0.
Mr. Landis offered the following emergency Ordinance accepting the bid
of Wenger Corporation:
(#25522) AN ORDINANCE providing for the acceptance of a certain bid
and the award of a contract to Wenger Corporation of Owatonna, Minnesota, for
the manufacture and delivery to the City of a variable height portable stage for
the Market Square; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 419.)
Mr. Landis moved the adoption of the Ordinance. The motion was seconded
by Dr. Butler and adopted by the following vote:
AYES: Com~cil members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor .............................................................. 7.
NAYS: None ........................................................ 0.
CITY ATTORNEY:
COUNCIL-ZONING-STREETS AND ALLEYS: The City Attorney submitted a
written report transmitting a Resolution amending Resolution No. 21414 to provide
that all matters requiring public hearings shall be heard at the regular meeting
of Council on the second Monday of each month.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following Resolution:
(#25523) A RESOLUTION amending Resolution No. 21414, adopted March
18, 1974, to provide that all matters coming before the Council which require
public hearing shall be heard at the regular meeting of Council scheduled for
the second Monday of each month.
(For full text of Resolution, see Resolution Book No. 46, page 420.)
Mr. Harvey moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor .............................................................. 7.
NAYS: None ....................................................... 0.
POLICE DEPARTMENT: The City Attorney submitted a written report
transmitting an Ordinance to amend the City Code in order to conform with pro-
visions of the State Code regarding petit larceny and shoplifting, advising that
Section 18.2-96 of the Code of Virginia defines petit larceny as the taking of
goods and chattels of a value of less than $200, and Section 21-23 of the City
Code defines petit larceny as the taking of goods and chattels of a value of
less than $100; that punishment for shoplifting is based on the number of previous
convictions, if any, and the dollar value of the merchandise stolen and Section
18.2-104 of the State Code utilizes a $200 value whereas Section 21-25 of the
City Code utilizes a $100 value.
(For full text, see report on file in the City Clerk's Office.)
ACTION: Mr. Thomas moved that the following Ordinance be placed upon its first
reading:
ACTION:
ACTION:
ACTION:
(#25524) AN ORDINANCE tO ~mend and reordain Sectio~ 21-23, Petit
larceny, of the Code of the City of Roanoke (1979), as amended, to define petit
larceny as the taking, not from the person of another, of goods and chattels of
a value of less than $200; and -~nding and reordaining subsections (b) and (c)
of Section 21-24, Shoplifting, to substitute $200 for $100 in each subsection.
(For full text of Ordinance, see Ordinance Book No. 46, page 423.)
The motion was seconded by Hr. Harvey and adopted by the following
vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ........................................................... 7.
NAYS: None ..................................................... 0.
DIRECTOR OF FINANCE:
BUDGET-GRANTS-CETA: The Director of Finance submitted a written
report recommending certain appropriation adjustments in connection with the
close-out of the Program Agent fiscal year 1980 grant.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas offered the following emergency Ordinance:
(#25525) AN ORDINANCE to amend and reordain certain sections of the
1980-81 Grant Programs Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 420.)
Mr. Thomas moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor 7.
NAYS: None ........................................................ 0.
BUDGET-GRANTS-CETA: The Director of Finance submitted a written report
recommending certain appropriation adjustments in connection with the close-out
of the Job Orientation and Motivation Program fiscal year 1980 grants.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler offered the following emergency Ordinance:
(#25526) AN ORDINANCE to amend and reordain certain sections of the
1980-81 Grant Programs Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 421.)
Dr. Butler moved the adoption of the Ordinance. The motion was seconded
by Hrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................. 7.
NAYS: None ........................................................ 0.
REPORTS OF COMMITTEES:
BUDGET-SCHOOLS-CONSULTANT'S REPORTS: Councilman Garland presented a
report of the Committee appointed to study consolidation of City of Roanoke/Roanok~
City Schools financial and accounting functions, advising that the Steering
Committee unanimously approved recommendations of the Finance Subcommittee for
consolidation of the School Board's accounting and financial functions with the
City's Department of Finance; agreed that the City Council and the School Board
should enter into a written contract specifying the account and financial servicel
to be provided as a result of this consolidation; and agreed that certain policy
concerns as more fully set forth in the report should be a part of the contract.
The Steering Committee recommended that Council and the School Board approve
their recommendations; refer the recommendations to the City Attorney for
preparation of the appropriate contract; and authorize the Department of Finance
and the School Administration to proceed at this time with such steps as are
necessary to implement these recommendations on or about July 1, 1981.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that Council concur in the recommendations. The
motion was seconded by Mr. Landis and unanimously adopted.
SEWERS AND STORM DRAINS-WATER DEPARTMENT: Councilman Thomas, Chairman
of the Water Resources Committee, presented a written report recommending estab-
lishment of new fees for water service and meter installations and new sanitary
sewer connections to be effective May 1, 1981, and authorization for the Adminis-
tration to make periodic adjustments in the fees in the future.
(For full text, see report on file in the City Clerk's Office.)
197
.1.98
ACTION:
ACTION:
ACTION:
ACTION:
In regard to establishing water and sewer connection fees, Mr. Thomas
offered the follow/nS P, esolution:
(~25527) A RESOLUTION establishing water and sewer connection fees
for this City.
(For full text of Resolution, see Resolution Book No. 46, page 422.)
Hr. Thomas moved the adoption of the Resolution. The motion was
seconded by Hr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ........................................................... 7.
NAYS: None .................................................... O.
In regard to that portion of the report authorizing the administration
to make periodic adjustments in the fees in the future, the City Attorney advised
that prior to Council's taking official action on the recommendation, he would
like to further research the matter.
SEWERS AND STORM DRAINS: Councilman Thomas, Chairman of the Water
Resources Committee, presented a written report reco~,ending that capacity
allocations of other local governments having sewage treatment contracts with
the City remain unchanged, as follows:
Salem
Roanoke County
Vinton
Botetourt County
6.65 MGD
9.00 MGD
1.60 MGD
1.90 MGD
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas moved that the report be received and filed. The motion
was seconded by Mr. Garland and unanimously adopted.
ROANOKE NEIGHBORHOOD PARTNERSHIP: Mr. James M. Turner, Jr., Chairman
of the Steering Co~nittee, Roanoke Neighborhood Partnership, appeared before
Council and presented a written report in regard to continuation of the Partnershi
team, transmitting copy of a proposal submitted by Buckhurst, Fish, Hutton and
Katz for continued consulting services, providing a~ng other things, for workshop~
with the Steering Corm~fttee with regard to its organizational structure and its
role in the continuation of the Partnership; helping with the implementation of
the action plans already developed in the pilot neighborhoods and other organiza-
tional support for those neighborhoods; and developing an effective Partnership
communication package. Mr. Turner, on behalf of the Steering Committee, requested
that Council authorize acceptance of the Partnership continuation proposal for a
period of four months at a cost not to exceed $50,000.00.
(For full text, see report on file in the City Clerk's Office.)
The City Manager submitted a written report advising that funds for
continuation of support are available from unused 1978-79 Community Development
Block Grant funds at Council's discretion.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis moved that the report of the Steering Co,,mi,tee be received
and filed. The motion was seconded by Mr. Harvey and unanimously adopted.
Following a discussion of the matter, Mr. Harvey moved that action on
the request be deferred until the next regular meeting of Council on Monday,
April 13, 1981, and that the City Manager be requested to provide Council with
information as to how the original $150,000.00 allocated for the project was
spent. The motion was seconded by Mr. Landis and unanimously adopted.
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:
SEWERS AND STORM DRAINS: The Director of Utilities and Operations
presented an oral report in regard to sludge lagoon construction, advising that
construction costs could be higher due to soil conditions and rock which may
require additional work. He requested authorization of Council to issue a change
order not to exceed $50,000.00 to the contract with J & H Grading Company, Incor-
porated, to provide for the necessary work.
ACTION:
ATTEST:
Following a discussion of the matter, Hr. Thomas moved that Council
authorize the City Hanager to negotiate a change order to the contract ~rlth J & H
Gradin$ Company, Incorporated, not to exceed $50,000.00, that the City Attorney
be requested to prepare the appropriate measure, and that Council be advised in
due course as to actions that transpire. The motion vas seconded by ~tr. Garland
and unanimously adopted.
At 4:25 p.m., the Mayor declared the meeting recessed.
At 5:20 p.m., the meeting reconvened in the Couucil Chamber ~rlth Mayor
Taylor presidin$ and all members of Council present.
There being no further business, the Mayor declared the meeting adJourne{
at 5:20 p.m.
APPROVED
City Clerk
199
200
REGULAR NEEKLY SESSION ...... ROANOKE CITY COLRtCIL
April 13, 1981
7:30 p.m.
The Council of the City of Roanoke met in regular meeting in the Council Chamber
in the Famicipal Buildin$, City of Roanoke, on Monday, April 13, 1981, at 7:30 p.m., the
regular meeting hour, ~rlth Hayor Noel C. Taylor presiding.
PRESENT: Council members Elizabeth T, Bowles, Wendell H. Butler, Robert A.
Garland, James G. Harvey, II, Charles L. Landis, Hampton W. Thomas and Mayor Noel C.
Taylor ................................................................................ 7.
ABSENT: None ................................................................ 0.
OFFICERS PRESENT: Hr. H. B. Ewert, City Manager; Mr. Sam H. McGhee, III, Assistan
City Manager; Mr. Wilburn C. Dibling, Jr., City Attorney; Hr. William M. Hackworth,
Assistant City Attorney; Hr. Joe! M. Schlanger, Director of Finance; and Hrs. Mary F.
Parker, City Clerk.
The invocation was delivered by the Reverend David H. Holl, Ninth Street Church
of the Brethren.
The Pledge of Allegiance to the Flag of the United States of America was led by
Mayor Taylor.
PROCLAMATIONS: The Mayor issued a Proclmmation declaring the month of April
Clean Valley Month in the City of Roanoke, and urged all members of the general public to
Join and participate in this project.
(For full text, see proclammtion on file in the City Clerk's Office.)
PUBLIC HEARINGS
STREETS AND ALLEYS: Pursuant to instructions of the Council contained
in Resolution No. 21414, the City Clerk set a public hearing for Monday, April
13, 1981, at 7:30 p.m., or as soon thereafter as the matter could be heard,
on the request of Virginia Holding Corporation that Commonwealth Avenue, N. E.,
from the south side of Wells Avenue to the north side of Shenandoah Avenue, be
vacated, discontinued and closed, the matter was before the body.
In this connection, a report of the City Planning Commission recomend-
lng that Council concur in the request, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Hr. William B. Poff, Attorney, representing the petitioner, appeared
before Council in support of the request of his client, advising that approval
of the vacation of Commonwealth Avenue is being sought so that The Hotel Roanoke
can provide more parking and more secure parking for its guests. He stated that
approval of the request would have the incidental benefit to Virginia Holding
Corporation of consolidating its land holdings in that area in view of the fact
that Virginia Holding Corporation owns land on both sides of the street that is
being proposed to be closed. He noted that it is planned to build an expanded
and beautified parking area that will accommodate approximate 319 vehicles. He
said the project would involve improving and widening the radius of streets at
four current locations in the area and this will be explained in more detail
later in the meeting. Additionally, he said there would be constructed a pedestri
walkway across the railroad tracks so as to afford better access to downtown
Roanoke.
Hr. Poff said there are certain benefits which will come to the City
as well as Virginia Holding Corporation as a result of the approval of this
project: (1) improving and providing more secure parking which will enhance the
attractiveness for conventions and others who visit the City of Roanoke; (2) the
project will aid in the beautification of the City; (3) improve the security for
visitors and citizens who are not only using the parking facility, but who are
crossing the railroad tracks, advising that the crossing will be protected by
signals and gates; (5) the City will benefit in several financial ways inasmuch
as the street will become a part of the tax base of the City and will generate
more revenue to the City, the improvements will increase the tax base of the
land in the area which will likewise generate additional tax revenue for the
City; and (6) there will be no further necessity for the City to expend money
for the maintenance and repairs of this particular segment of street.
Hr. Poff presented a breakdown of expenditures, an artist's conception
of the new Hotel Roanoke parking area, photographs of the pedestrian crosswalk
now being constructed by N & W, and revised plans showing proposed changes in
the area of Commonwealth Avenue, including alterations in turning radius at cornerl
nearby which will result in more property being conveyed to the City than was
originally contemplated.
(For full text, see material on file in the City Clerk's Office.)
ACTION:
ACTION:
Mr. Poff noted that on-site parking improvements that will be mede are
estimated to cost $287,000.00, the four street improvements will cost $24,000.00
in total, and he has no objection to the Ordinance including a provision stating
that Virginia Holding Corporation is responsible for these improvem~nts.
Hr. Poff stated that a deed has been delivered to the City Attorney to
1,220 square feet of land which Norfolk and Western Railway Company is contributi~
to the City, and the City Attorney is to hold the deed in escrow pending action
by Council on this proposal.
Hr. Poff noted that the pedestrian walkway will cost an additional
$180,000.00 and that improvement is already underway and will be in operation by
the first of May.
Mr. Poff filed with the City Clerk petitions signed by approximately
175 city residents in favor of the proposal.
(For full text, see petitions and file in the City Clerk's Office.)
Mr. Poff stated that initially concern was expressed by businesses in
the area before they were aware of the improvements that would be made so that
vehicles could negotiate various turns that would be required, noting that he
has been advised that Concrete Ready Mix does not oppose the proposal and in
fact, now supports it, and Coca Cola Bottling Company no longer opposes the
request. He further stated it is felt that the business concern has now been
satisfied by the meetings The Hotel Roanoke has held with them.
In concluding, Hr. Poff said the Norfolk and Western Railway Company
is making all of these improvements with its own money and is not asking for any
City financial help or concessions.
Mr. Joseph R. Neikirk, Vice-President of Virginia Holding Corporation,
and Vice President - Administration of Norfolk and Western Railway Company,
appeared before Council and spoke in support of the request.
(For full text, see statement on file in the City Clerk's Office.)
Mr. Peter W. Kipp, General Manager of The Hotel Roanoke, appeared
before Council and spoke in support of the request.
(For full text, see statement on file in the City Clerk's Office.)
Mr. Howard G. Angle, Design Engineer, Norfolk and Western Railway
Company, presented an artist's conception of the proposed parking facility with
security fencing.
Mr. Louis O. Ferguson, 3209 Troy Avenue, ~'. !.'. and Mr. E~ett E.
Greeley, Jr., 107 Preston Avenue, N. E., appeared before Council and spoke in
opposition to the request.
Mr. Richard B. Burrow, City Engineer, presented a briefing on the
traffic volumes and capacities of the streets.
Following considerable discussion of the matter, Mr. Harvey advised
that he would like for the proposed Ordinance to specify the financial contribu-
tions to be made by Virginia Holding Corporation; and moved that action on the
Ordinance be deferred until the regular meeting of Council on Monday, April 27,
1981, in order that the Ordinance may be redrafted by the City Attorney and the
attorney representing Virginia Holding Corporation. The motion was seconded by
Mrs. Bowles and unanimously adopted.
STREETS AND ALLEYS: Pursuant to Resolution No. 21414, the City Clerk
set a public hearing for Monday, April 13, 1981, at 7:30 p.m., or as soon
thereafter as the matter could be heard, on the request of Ms. Marie Lorraine
Goria that Woods Avenue, S. W., from Clarke Avenue, S. W., to the right of way
line of U. S. Route 220, known as Roy L. Webber Highway, be vacated, discontinued
and closed, the matter was before the body.
In this connection, a report of the City Planning Commission recommend-
ing that the request be granted, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. William L. Martin, Attorney, representing the petitioner, appeared
before Council in support of the request of his client.
No one appearing in opposition to the request, Mr. Garland moved that
the following Ordinance be placed upon its first reading:
(#25528) AN ORDINANCE permanently vacating, discontinuing and closing
Woods Avenue from Clarke Avenue, S. W. to the right-of-way of U. S. 220 known
as Roy L. Webber Highway, in the City of Roanoke, Virginia, as is more particular-
ly described hereinafter.
vote:
The motion was seconded by Dr. Butler and adopted by the following
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, and
Mayor Taylor ................................................................... 6.
NAYS: None .......................................................... O.
(Council member Thomas was out of the Council Chamber.)
2.01
ACTION:
ZONING: Pursuant to Resolution No. 21414, the City Clerk set a public
hearin$ for Monday, April 13, 1981, at 7:30 p.m., or as soon thereafter as the
matter could be heard, on the request of Roanoke Baptist Hissionary and Social
Union that a tract of land containing 5.05 acres located on the west side of
Virginia Route 117 and on the south side of Woodbridge Avenue and the west side
of Westminster Street, N. W., Official Tax No. 6161403, be rezoned from RG-1,
General Residential District, to C-l, Office and Institutional District, subject
to certain conditions, the matter was before the body.
In this connection, a report of the City Pln~.tng Comaission reco~nd-
lng that the request be granted, subject to certain conditions proffered by the
petitioner, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. P. Brent Brown, Attorney, representing the petitioner, appeared
before Council in support of the request of his client.
No one appearing in opposition to the request, Dr. Butler moved that
the following Ordinance be placed upon its first reading:
(#25529) AN ORDINANCE to amend Sections 36-3 and 36-4, Code of the
City of Roanoke (1979), as amended, and Sheet No. 614, Sectional 1976 Zone Map,
City of Roanoke, in relation to Zoning, subject to certain conditions.
The motion was seconded by Mr. Garland and adopted by the following
vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor .............................................................. 7.
NAYS: None ......................................................... O.
BUILDINGS-HOUSING: Council having previously requested that a public
hearing be held on Monday, April 13, 1981, at 7:30 p.m., or as soon thereafter
as the matter could be heard, in regard to adoption by the City of the BOCA
Property Maintenance Code, the matter was before the body.
In this connection, a report of the City Manager under date of April
6, 1981, transmitting a s,m~mry sheet on the proposed BOCA Property Maintenance
Code and the existing Housing and Hygiene Code, was before Council.
'(For full text, see report on file in the City Clerk's Office.)
Mr. Elbert H. Waldron, a member of the Housing Rehabilitation Task
Force, appeared before Council and recomended that the BOCA Property }~intenance
Code be approved as printed.
Mr. Landis referred to an alternative Ordinance which would eliminate
the "administrative" search warrant provision contained in the Ordinance that
was previously forwarded to Council, and called upon the City Attorney for an
explanation in regard to the matter of entry.
The City Attorney advised that pursuant to the Ordinance presently
before Council there would be two ways that an official could enter a premise,
pursuant to consent and pursuant to a search warrant. He advised that there is
no provision for an administrative search warrant under present Virginia law and
that was left in the Ordinance because it has been part of the City's legislative
program for the past several years to ask the General Assembly to enact the
administrative search warrant or inspection warrant provision, and it was simply
inserted in the Ordinance so that if approval is granted by the General Assembly,
it would not be necessary to amend the Ordinance. Mr. Dibling stated that anotheI
Ordinance had been drafted that would delete all reference to administrative
search warrant and requested that the Assistant City Attorney distribute the
Ordinance for the consideration of Council.
In further explanation, Mr. Dibling advised that an administrative
search warrant is a warrant issued by a judge upon showing of a probable cause
and the only advantage of the administrative warrant is that the official request-
ing the warrant does not have to show that a particular crime is being committed
and he does not have to show that he wants to seize anything, he simply wants to
look.
Mr. Gary C. Davis, Co-Chairman of the Housing Committee of the Old
Southwest Neighborhood Alliance, appeared before Council and advised that the
Old Southwest Neighborhood Alliance supports the BOCA Property Maintenance Code.
Mr. Harvey stated that he agreed with the basic goal of the Code, but
expressed concern over Section PM-302.3.2, "Exterior Walls: Every exterior wall
shall be free of holes, breaks, loose or rotting boards or timbers and any other
conditions which might admit rain or dampness to the interior portions of the
walls or to the occupied spaces of the building. Ail exterior surface materials
including wood, composition or metal siding, shall be maintained weatherproof
and shall be properly surface coated when required to prevent deterioration."
He advised that his concern is not with vacant houses, but with the widow who is
living on a fixed income and her home might be in need of paint and the Building
Inspector says the house, if it is not painted will deteriorate, explaining that
this lady could be forced to paint her house at considerable expense.
ACT ION:
ACTION:
ACTION:
Another concern Hr. Harvey cited is in regard to Section PH-303.4,
"Free From Dampness: In every building, cellars, basements and crawl spaces
shall be maintained reasonably free from dmapness to prevent conditions conducive
to decay or deterioration of the structure." He said there are a lot of houses
in the City of Roanoke that have leaking bas--nra and inquired how this section
could be interpreted.
Hr. Harvey further stated that the Code prohibits the use of double
cylinder bolt locks.
The Assistant City Manager advised that if emphasis is placed on the
vacant, the abandoned and the tenant occupied propertisa to bring them up to
standards, the neighborhood in general will take the approach that it is worth-
while to properly maintain their properties. He further stated that the Code
would be applied to owner occupied homes as well as all buildings.
Mr. Harvey expressed further concern over the ~m~unt of time to
implement the Code, particularly with owner occupied homes, advising that he
would like for the Ordinance to incorporate a specified period of time for a
property owner of an occupied dwelling to bring his house into compliance.
With the above in mind, Mr. Harvey moved that Council refer the Ordinance back
to the City Attorney with instructions that Council generally concurs with
adoption of the BOCA Property Maintenance Code, and that the Ordinance contain
a provision as to a specified period of time in which a property owner of an
occupied dwelling must comply with provisions of the Code.
The Mayor declared the motion lost for lack of a second.
Mr. Garland moved that the following Ordinance, which would delete the
"administrative" search warrant provision, be placed upon its first reading:
(#25530) AN ORDINANCE amending and reordaining Chapter 16, Housing, Code
of the City of Roanoke (1979), as amended, by repealing Article II, Housing Code,
and by adding a new Article II.l, Property Maintenance Code, adopting the BOCA
Basic Property Maintenance Code, as modified, as a minimum standard governing
the condition and maintenance of structures and dwellings in the City; and
providing for an effective date.
The motion was seconded by Dr. Butler and adopted by the following
vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................. 7.
NAYS: None ........................................................ O.
PARKS A~D PLAYGROUNDS-PLANNING: Council having set a public hearing
for Monday, April 13, 1981, at 7:30 p.m., or as soon thereafter as the matter
could be heard, to consider the adoption of a certain Comprehensive Parks and
Recreation Plan as an element of the City's Comprehensive Plan, the matter was
before the body.
Mr. Jack D. Hayslett, Chairman, Citizens' Advisory Committee, City
Wide Park Study, appeared before Council and advised that the Citizens' Advisory
Committee appointed by Council has successfully completed its charge which was
to prepare a Comprehensive Parks and Recreation Plan for the City of Roanoke,
explaining that the members of the Committee, in addition to developing the
Plan, desired to go a step further and recommend a strategy to initiate the
implementation of the Plan which is intended to serve as a guide for future
decisions. Mr. Hayslett expressed appreciation on behalf of the Committee for
allowing them the opportunity to be of service to the citizens of Roanoke.
(For full text, see report on file in the City Clerk's Office.)
In this connection, a report of the City Planning Commission recommendim
that Council concur in and adopt the proposed Parks and Recreation Action Plan
as a portion of the City's Comprehensive Plan to guide future park development,
was before Council.
(For full text, see report and Resolution on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(#25531) A RESOLUTION approving and adopting a Parks and Recreation
Plan as an element of the City's Comprehensive Plan.
(For full text of Resolution, see Resolution Book No. 46, page 424.)
Mrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................... 7.
NAYS: None .......................................................... O.
The Mayor presented Certificates of Appreciation to the members of the
Citizens' Advisory Committee, City Wide Park Study.
2O3
204
ACTION:
ACTION:
ACTION:
AIRPORT: Purse-hr to Resolution No. 21414, the City Clerk set a
public hearing for Monday, April 13, 1981, at 7:30 p.m., or as moon thereafter
as the matter could be heard, on a proposed amendment to the Roanoke Municipal
Airport Zoning Map, dated July 14, 1967, as referred to in Section 36-381 of the
City Code, to reflect the HALSR, LDA and instrument landing height restrictions
for Runway 5-23 as said height restrictions are shown on the proposed revised
R~anoke Municipal Airport Zoning Map, the matter was before the body.
In this connection, a report of the City Planning Co~!ssion recommend-
ing that the Airport Zoning Map be amended as requested by the City Manager in
his report under date of December 15, 1980, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas moved that the following Ordinance be placed upon its first
reading:
(#25532) AN ORDINANCE amending Sections 36-381(a), Airport zones
established and defined, and 36-386 (a) and (b), Application of regulations to
preexistin~ structures~ uses~ etc., Code of the City of Roanoke (1979), as amend-
ed, in order to provide for an amendment to the City's airport zoning regulations.
The motion was seconded by Mr. Harvey and adopted by the following
vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ................................................................ 7.
NAYS: None .......................................................... 0.
At 9:05 p.m., the Mayor declared the meeting recessed.
At 9:20 p.m., the meeting reconvened in the Council Chamber with all
members of Council present, Mayor Taylor presiding.
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda are
considered to be routine by the City Council and will be enacted by one motion
in the forms listed on the agenda and if discussion is desired that item wiil
be removed from the Consent Agenda and considered separately. He noted that
included on the Consent Agenda was one request from the City Attorney for an
Executive Session to discuss a matter of pending litigation.
COUNCIL: A report of the City Attorney requesting an Executive Session
to discuss a matter of pending litigation, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Hrs. Bowles moved that Council concur in the request. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................. 7.
NAYS: None ........................................................ O.
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
HANDICAPPED PERSONS: Council having referred to the City Manager for
study, report and reco~nendation a communication from Ms. Sheryl U. English,
Miss Wheelchair Virginia 1980, requesting that Council adopt an Ordinance to
provide that it would be illegal to park in the reserved, designated handicapped
parking spaces without proper identification in or on a vehicle, and to impose a
fine for violation thereof, the City Manager submitted a written report setting
forth certain alternatives.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that the report be received and filed. The motion
was seconded by Dr. Butler and unanimously adopted.
SALE OF PROPERTY-STATE HIGHWAYS-CITY PROPERTY: The City Manager
submitted a written report regarding State residue property on Colonial Avenue,
reco~ending that Council authorize the City Manager to accept the subject
parcel from the Virginia Department of Highways and Transportation and to enter
into a construction and maintenance agreement to be negotiated between the City
Manager and WDBJ Television, Incorporated, in a form acceptable to the City
Attorney, for development of a park on the site, the total cost of the preparation
of the agreement and the development of the park to be paid for by WDBJ Television
Incorporated; and that the City Manager be authorized to execute the necessary
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
documentation to dedicate the City-owned parcels necessary for improvements to
Gus Nicks Boulevard, N. E. (Parcel 009) and Hershberger Road, N. W. (Parcel 025)
to the Virginia Department of Highways and Transportation, such dedication to be
subject to the approval of the Airport Advisory Commission and the appropriate
Federal and State agencies and in a form acceptable to the City Attorney.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas moved that Council concur in the recommendation and that
the report be referred to the City Attorney for preparation of the proper measure.
The motion was seconded by Mr. Harvey and unanimously adopted.
ITE~4S RECO~9~9;DED FOR ACTION:
PARKS AND PLAYGROUNDS: Council on April 6, 1981, having received a
request of the Steering Committee -- Roanoke Neighborhood Partnership, that the
consultant services with Buckhurst, Fish, Hutton and Katz in regard to the
Roanoke Neighborhood Partnership be continued, and Council having requested that
the City Manager submit a written report at its next regular meeting as to how
the original $150,000.00 allocated for the study was spent, the matter was
before the body.
The City Manager orally requested that the Administration be permitted
to submit the requested information after 1981-82 budget study deliberations
have concluded.
Mr. Rarvey moved that Council concur in the City Manager's oral request.
The motion was seconded by Mr. Garland and unanimously adopted.
DOWNTOWN ROANOKE-CENTURY PROJECT: The City Manager submitted a written
report recommending that he be authorized to enter into an agreement with
Smithey and Boynton Architects and Engineers, in association with K~mley and
Horn and Associates, Incorporated, to design the Williamson Road Parking Garage;
and that the Director of Finance be authorized to transfer $119,470.00 needed
for the architectural and engineering services from available UDAG grant account
to an account to be established for the Will~-mmon Road Parking Garage.
(For full text, see report on file in the City Clerk's Office.)
Mx. Garland offered the following emergency budget Ordinance:
(#25533) AN ORDINANCE to amend and reordain certai~ sections of the
1980-81 Capital Projects Fund Appropriation, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 424.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor .............................................................. 7.
NAYS: None ......................................................... 0.
Mr. Garland offered the following emergency Ordinance:
(#25534) AN ORDINANCE authorizing the employment of the professional
services of certain architects and engineers to design the Williamson Road
Parking Garage, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 425.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................... 7.
NAYS: None .......................................................... 0.
APPALACHIAN POWER COMPANY: The City Manager submitted a written
report recommending execution of an indenture with Appalachian Power Company for
certain underground electrical service in Section 7, Galnsboro Co~munity Develop-
ment Program.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler moved that the following Ordinance be placed upon its first
reading:
(#25535) AN ORDINANCE authorizing and directing the proper City
officials to execute and deliver a deed of easement to Appalachian Power
Company to install and maintain underground electric lines within the Gainsboro
Neighborhood Development Project.
The motion was seconded by Mr. Landis and adopted by the following
vote:
205
"206
ACTION:
ACTION:
ACTION:
AYES: Coumcil members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................. 7.
NAYS: None ......................................................... O.
BUDGET-GRANTS-PAP, KS AND PLAYGROUNDS: The City Manager submitted a
written report reco~nding that $298,500.00 be appropriated for the Urban Parks
and Recreation Recovery Grant Project in order to permit proper disbursement of
funds, w~th the following estimated cost breakdowm:
Washington Park
Eureka Park
Melrose Park
Highland Park
Golden Park
Contingency
Administration
$ 56,500.00
51,000.00
26,800.00
56,000.00
66,300.00
25,000.00
16,900.00
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#25536) AN ORDINANCE to amend and reordain certain sections of the
1980-81 Grant Programs Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 425.)
Mr. Landis moved the adoption of the Ordinance. The motion was secondei
by Mr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................... 7.
NAYS: None ......................................................... O,
BUILDINGS-PLUMBERS-ELECTRICAL INSPECTOR: The City Manager submitted a
written report concerning an amendment to the City Code in regard to Virginia
law governing certification of plumbers, building-related mechanical workers and
electricians, recommending that Council amend and delete certain portions of
Section 7-51 and Section 7-67, City Code, to designate the City Manager as agent
for administering the certificate program and eliminating the plumbing and
electricians Board of Examiners, as provided under Section 15.1-11.4, Code of
Virginia.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#25537) AN ORDINANCE amending Article I, In General, of Chapter 7,
Building Regulations, by the addition of new Sections 7-5, Certification of
plumbers, electrical contractors and electricians, and 7-6, Criminal penalty;
amending Section 7-50, Qualification of plumbers, Section 7-66, Definitions,
Section 7-105, Required, Section 7-106, Application, Section 7-107, Examination
of applicant, and Section 7-110, Term; renewal; repealing Section 7-51, Board
of plumber examiners, Section 7-67, Board of electrical examiners generally,
Section 7-108, Issuance, Section 7-111, Revocation, and Section 7-112, Violations
of division, Code of the City of Roanoke (1979), as amended, to provide for the
City Manager's examination and certification of plumbers, electrical contractors
and electricians under uniform state standards, and for the elimination of the
Board of Plumber Examiners and of the Board of Electrical E~mmtners; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 426.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................. 7.
NAYS: None ........................................................ 0.
TRAFFIC-STATE HIGHWAYS-STREETS AND ALLEYS: The City Manager submitted
a written report recomending authorization to sign an agreement with the Virginia
Department of Highways and Transportation for $209,000.00 to fund a Pavement
Marking Demonstration Project, with 100 per cent reimbursement by the State.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#25538) AN ORDINANCE to amend and reordain certain sections of the
1980-81 Capital Projects Fund Appropriation, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 428.)
ACTION:
ACTION:
ACTION:
Hr. Landis moved the adoption of the Ordinance. The motion was secondec
by Hr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................. 7.
NAYS: None .......................................................... O.
Mr. Landis offered the following emergency Ordinance:
(#25539) AN OP. DINANCE authorizing a certain agreement between the
City and the Virginia Department of Highways and Transportation relating to a
pavement marking project; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 428.)
Mr. Landis moved the adoption of the Ordinance. The motion was seconded
by Hr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................... 7.
NAYS: None .......................................................... 0.
CITY ~PLOYEES: The City Manager submitted a written report recommend-
ing that mileage reimbursement rates for City employees be increased effective
April 1, 1981, to 20¢ per mile for the first 15,000 miles and 11¢ per mile for
all additional miles in the fiscal year.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(#25540) A RESOLUTION establishing, until further order of the Council
the rate of reimbursement per mile to be paid to employees of the City for use
of privately owned personal motor vehicles on City business.
(For full text of Resolution, see Resolution Book No. 46, page 429.)
Mrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................. 7.
MAYS: :~one ........................................................ 0.
STADIUM-PARKS AND PLAYGROUNDS: The City Manager submitted a written
report concurring in a report of the Bid Committee in regard to concessions at
certain recreation facilities, recommending acceptance of bids as follows:
1. Victory Stadium, Maher Field and National Guard Armory -
Stone Enterprises, Roanoke, Virginia.
2. Fallon Park Swimming Pool - Stone Enterprises, Roanoke,
Virginia.
3. Washington Park Swimming Pool - No Bid Received.
(a) Compliance with Specifications - Stone Enterprises
complies with City Specifications.
(b) Revenue to City will be as follows:
i. Victory Stadium, Maher Field and National Guard
Armory - $100.00 per month or 37% of gross sales,
whichever is larger.
2. Fallon Park Swimming Pool - 36 1/2% of gross sales.
3. Washington Park Swimming Pool - No Bid - Revenue
not a factor.
(c)
Vendor Performance - Stone Enterprises has maintained
satisfactory performance for the past five years as con-
cession vendor for the City of Roanoke.
(For full text, see reports on file in the City Clerk's Office.)
Dr. Butler moved that the following Ordinance be placed upon its first
reading:
(#25541) AN ORDINANCE accepting a bid for certain concession privileges
to be exercised on City owned property, upon certain terms and conditions, and
directing the execution of the requisite contract therefor.
The motion was seconded by Mr. Landis.
207
208
Hr. Richard S. Tilley, Attorney, representing Virginia Professional
Football, Incorporated, appeared before Council and advised that Virginia Profes-
sional Football is a co~"munity development corporation which was so designated
by the State Corporation Cor~ission. He said it is an organization that area
businessmen throughout Southwest Virginia, and particularly the Roanoke Valley,
were instrumental in forming. He explained that a franchise was purchased from
the American Football Association for a professional football team ~hich will play
under the name of Virginia Hunters and the team will play six home games at
Victory Stadium this summer.
Hr. Tilley said there has been a breakdown in co~micationa regarding
the bid on the concessions at Victory Stadium, particularly in regard to the
professional football games. He said his organization was told that bids would
be let on ~ay 30 and they should make known their intention to bid to the
City's Purchasing and ~aterials Control Department. On that advice, he stated
that four persons representing the organization contacted the Purchasing Departmen~
at separate times and in each instance, it was indicated to the Purchasing Depart-
ment that they were making a request on behalf of the Virginia Hunters. He said
at no time were they ever advised that anything mere need be done by the Virginia
Hunters to be notified of the new bid date so they could bid on the concessions.
Mr. Tilley noted that as time passed and they were not advised of the new bid
date, he arranged for an appointment with the Manager of Purchasing and Materials
Control and was advised that the bid date had been changed at the request of the
Virginia Hunters; however, Mr. Tilley stated that they were not advised of the
change and consequently were not permitted to bid inasmuch as the bid had already
been let.
Mr. Tilley said Council has the authority to rebid the concession,
advising there is ample Justification and valid basis to separate the bid for
concession for professional football from the normal Victory Stadium-Saber Pteld
bid. He said the organization has a vested interest in being allowed to bid
that portion which would concern professional football because it can be easily
differentiated from the amateur sports that take place at Victory Stadium. Mr.
Tilley requested that the concession be rebid under two sections, one for -mmteur
sports and one for professional sports and that the Virginia Hunters be added to
the bid list.
Mr. Colin Kilburn, Acting Secretary/Treasurer of the Virginia Hunters
and acting as Coordinator between the General Manager and the Head Coach
of Virginia Hunters, appeared before Council and advised that six games will
be played at Victory Stadium and the Virginia Hunters are scheduled to play
on national television on July 6 from Charlotte, giving Roanoke national exposure.
He said there is a possibility that a game will be telecast out of Roanoke
which would be scheduled sometime during the season when the television people
feel it is warranted. He added that professional football groups at Victory
Stadium will enhance the tax dollars since five per cent of every ticket sold
will go into the City's budget.
Mr. W. Robert Herbert, Director of Administration and Public Safety,
appeared before Council and advised that he is aware that contact was made
by the Virginia Hunters by three of their representatives, that in all three
instances the contact was made with the Manager of the Department of Purchasing
and Materials Control and the request consistently was for reconsideration of
advertising of the concession bids so that the professional football team might
have the opportunity to secure advertising in the game brochure by people who
would provide food, drink, and other concession products at the ball games. He
said that this was a reasonable request and because it was not detrimental to
the City, the bid date was moved up sixty days and all representatives that had
requested to be put on the bid list were contacted. He said the Manager of
Purchasing and Materials Control has queried each member of his staff and it is
his understanding that the statement Mr. Tilley made concerning a request to be
included on the bid list was never received, Mr. Herbert advising that he has
not been furnished with the name of a person who in fact made that request. He
stated he was not aware that a request was ever made to break the bids out
strictly for the professional football season.
Upon question, the City Attorney advised that the City always reserves
the opportunity to reject all bids and that could be done in this instance. He
said it might work some disadvantage to those who have already bid inasmuch as
their bids have been made public.
Mr. Landis, Chairman of the Bid Committee, advised that he has never
entertained a request in past years where a bid of this nature has been broken
out and he would have serious reservations about making such a recommendation to
Council in view of the fact that the City has a year round concessionnaire at
Victory Stadium, as well as Fallon Park swimming pool, and this could present
problems in the future. He said the bid dates were changed upon request of
Virginia Hunters and the bid specifications were publicly advertised on February
22, 1981. He explained that he knew of no legal requirement that the City
notify any and all prospective bidders since the City has no way of knowing who
those individuals may be.
The Reverend Leroy C. Roberts, 3625 Rolling Hill Avenue, N. W., appeared
before Council and expressed concern over the impression that Victory Stadium
belongs to any individual when in fact it belongs to the citizens of this city.
He said the Council Chamber is not a debating place for the City Manager or any
citizen. He requested that Council delay action on the matter pending additional
study.
AC~ ION:
ACTION:
ACTION:
ACTION:
Dr. Butler raised a point of procedure, advising that he has a vested
interest in the Virginia Hunters and therefore must withdraw his motion to adopt
the Ordinance; whereupon, Hr. Landis withdrew his second to the motion.
Mr. r~ndis then moved that the following Ordinance be placed upon its
first reading:
(#25541) Alt ORDINANCE accepting a bid for certain concession privilege.
to be exercised on City owned property, upon certain terms and conditions, and
directing the execution of the requisite contract therefor.
The motion was seconded by Mr. Garland and adopted by the following
vote:
AYES: Council members Bowles, Garland, Landis, Thoms and Mayor
Taylor ..................................................................... 5.
NAYS: None ..................................................... 0.
(Council members Butler and ltarvey abstained from voting because they have
vested interest in the Virginia Hunters.)
HOUSING-PLANNING-GRANTS: The City ltanager submitted a written report
recommending concurrence in a request of the Co-Chairmen of the Gainsboro Project
Area Committee for a pause in previously approved project activity until comple-
tion of relevant phases of the new planning program.
(For full text, see report and cogitation on file in the City Clerk's
Office.)
The Reverend Kenneth B. Wright, Co-Chairman, Gainsboro PAC, appeared
before Council in support of the request.
Mr. Thomas moved that Council concur in the request. The motion was
seconded by Mr. Garland and unanimously adopted.
GRANTS-PLANNING-DOWNTOWN ROANOKE: The City Manager submitted a written
report recommending that a public hearing be set for Monday, April 27, 1981, on
the proposed UDAG Project.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas moved that Council concur in tt~e reco~endation.
motion was seconded by Mr. Garland and unanimously adopted.
CITY ATTORNEY:
HOUSING-DOWNTOWN ROANOKE: The City Attorney submitted a written
report advising that during a special meeting of Council conducted on April 6,
1981, he was requested to draft an Ordinance providing for a six-month extension
of the time in which the Landmark Division of Appletree Enterprises, Incorporated
could perform its consulting agreement with the City pertaining to a feasibility
study for the development of a hotel/convention complex in the City's Downtown
East Redevelopment Area, transmitting the requested Ordinance for Council's
consideration.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#25542) AN ORDINANCE authorizing the City Manager to enter into a
written amendment to a certain agreement between the City and the Landmark
Division of Appletree Enterprises, Inc., Bloomington, Minnesota, to provide for
an extension in the time of performance of said agreement; end providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 429.)
Mr. Landis moved the adoption of the Ordinance. The motion was seconde,
by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ........................................................... 7.
NAYS: None ...................................................... 0.
ASSESSMENT OF PROPERTY-LEGISLATION: The City Attorney submitted a
written report transmitting an Ordinance to amend the City Code to incorporate
certain changes enacted by the Virginia General Assembly in the state statutes
dealing with land use assessments, advising that the legislature has provided
that if taxes on any property assessed for land use are delinquent, the property
owner shall be notified, and if the delinquency continues as of November 1, the
property will be removed from the lend use program; and the General Assembly
further provided that property subject to the land use assessment shall be
ineligible for such assessment if the zoning of such property is changed to a
more intensive use at the request of the owner or his agent.
(For full text, see report on file in the City Clerk's Office.)
209
ACTION: Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
210
ACTION:
ACTION:
ACTION:
(~25543) AN ORDINANCE to amend and reordain subsection (g) of Section
32-64, Applica.tion for cl~asific~ion; assessment~ etc., generally; criteria,
of the Code of the City of Roanoke (1979), as amended, and to add a new
(h), the amended amd added subsections to provide that if taxes on land subject
to special use assessment have not been paid after notice to the landowner such
property will be removed from the land use program; and to provide that that
property which is rezoned, at the request of the owner or his agent to allow a
more intensive use shall be ineligible for special use assessments.
The motion was seconded by Hr. Garland and adopted by the following
vote:
AYES: Council members Bowies, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................ 7.
NAYS: None ....................................................... 0.
DIRECTOR OF ~ ESTATE VALUATION:
ASSESSMENT OF PROPERTY-DIRECTOR OF REAL ESTATE VALUATION: The Director
of Real Estate Valuation submitted a written report advising that he is in
receipt of a letter from CBM, Incorporated, stating they are expanding their
consulting services into the private industry and business marketplace and in
order to accomplish this redirection, CBM has decided not to pursue any further
appraisal and assessment system business; that as a result of their redirection,
CBM has offered to sell the City the SCAMAS system as is currently set-up for
the City's use for a total of $19,785.00 (excluding maintenance support), and if
the City does not elect to purchase the system, it may continue leasing at a
monthly license fee of $1,099.17 (excluding maintenance support), recommending
that the City not purchase the SCAMAS system or renew the lease for certain
reasons as more fully set forth in the report.
(For full text, see report on file in the City Clerk's Office.)
Hr. Harvey offered the following emergency Ordinance:
(#25544) AN ORDINANCE authorizing the Director of Real Estate
to terminate certain agreements with CBM, Inc., and decline certain offers from
CBM, Inc.; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 430.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and }~ayor Taylor ............................................................. 7.
NAYS: None ........................................................ O.
REPORTS OF COI~IITTEES:
SEWERS AND STORM DRAINS: Councilman Charles L. Landis, Chairman of
the committee appointed by the Mayor to tabulate bids received to remove, trans-
port and dispose of digested sludge from the Sewage Treatment Plant, submitted a
written report of the committee recomending that the low bid of Bio-Gro Systems,
Inc., for removal of a minimum of 5000 dry tons of sludge for $359,145.00, be
accepted, and that funds be appropriated therefor.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#25545) AN ORDINANCE to amend and reordain certain sections of the
1980-81 Sewage Treatment Fund Appropriation, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 430.)
Mr. Landis moved the adoption of the Ordinance. The motion was
by Mr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................. 7.
NAYS: None ........................................................ 0.
Mr. Landis offered the following emergency Ordinance accepting the bid
of Bio-Gro Systems, Incorporated:
(#25546) AN ORDINANCE accepting a bid and awarding a contract for
removal and disposal of sludge from the Sewage Treatment Plant; authorizing the
proper City officials to execute the requisite contract; rejecting certain other
bids made therefor; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 431.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Mr. Thomas and adopted by the following vote:
ACTION:
ACTION:
ACTION:
ACTION:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ....................................................... 7.
NAYS: None ................................................... 0.
SIDEWALK, CURB AND GUTTER-STREETS AND ALLEYS: Councilman Charles L.
Landis, Chairm~n of the comm4tte~ appointed by the Hayor to tabulate bids received
for new curb and gutter, sidewalk, entrances and paving on various streets
within the old southwest section of the City, submitted a written report of the
committee recom~nding that the low bid of H & S Construction Company, in the
amount of $48,999.15, be accepted.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance accepting the bid
of H & S Construction Company:
(#25547) AN ORDINANCE accepting a bid and awarding a contract for
curb, gutter, entrance and paving work on various streets in the Old Southwest
section of the City; authorizing the proper City officials to execute the requisit~
contract; rejecting certain other bids made therefor; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 431.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and }~yor Taylor .............................................................. 7.
NAYS: None ......................................................... 0.
BRIDGES: Counci]m~n Charles L. Landis, Chairman of the committee
appointed by the Mayor to tabulate bids received for deck replacement and repairs
to the bridge over Roanoke River at Franklin Road, submitted a written report
of the Committee recommending that the low bid of Donald H. Selvage, Inc., in
the amount of $199,202.80, be accepted, and that $10,697.20 be used as a job
contingency account.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance accepting the bid
of Donald H. Selvage, Incorporated:
(#25548) AN ORDINANCE accepting the bid of Donald H. Selvage, Inc.,
of Amherst, Virginia, for deck replacement and repairs to the Franklin Road
River Bridge, upon certain terms and conditions and awarding a contract therefor;
authorizing the appropriate City officials to execute the requisite contract for
such work; rejecting all other bids made to the City for the work; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 432.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor .............................................................. 7.
NAYS: None ......................................................... 0.
In this connection, the City Manager submitted a written report in
regard to the Franklin Road River Bridge detour route which has been developed
providing alternative routes during the replacement and repair period.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that the report be received and filed. The motion
was seconded by Mr. Landis and unanimously adopted.
BUDGET-REFUSE COLLECTION: A report from the Roanoke Valley Regional
Solid Waste Management Board transmitting its budget for fiscal year 1981-82,
advising, among other things, that in spite of certain cuts that have been made
in the budget, it is necessary to increase the rate by $1.10 per ton to $5.60.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas moved that the report be received and filed. The motion
was seconded by Mr. Garland and unanimously adopted.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
POLICE DEPARTMENT-GENERAL DISTRICT COURT: Ordinance No. 25524 amending
and reordaining Section 21-23, Petit larceny, of the Code of the City of Roanoke
(1979), as amended, to define petit larceny as the taking, not from the person
of another, of goods and chattels of a value of less than $200; and amending and
reordaining subsections (b) and (c) of Section 21-24, Shoplifting, to substitute
211
212
ACTION:
ACT ION:
ACTION:
$200 for $100 in each subsection, having previously been before the Council for
its first reading on Monday, April 6, 1981, read and adopted on its first reading
and laid over, was again before the body, l~s. Bowles offering the following for
its second reading and final adoption:
(~25521) AN O/DINANCE amending and reordaining Section 21-23, Petit
larceny, of the Code of the City of Roanoke (1979), as ~nded, to define petit
larceny as the taking, not from the person of another, of goods and chattels of
a value of less than $200; and amending and reordaining subsections (b) and (c)
of Section 21-24, Shoplifting, to substitute $200 for $100 in each subsection.
(For full text of Ordinance, see Ordinance Book No. 46, page 423.)
Hrs. Bowles moved the adoption of the Ordinance. The motion was
secopded by Hr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ........................................................... 7.
NAYS: None ...................................................... 0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: NONE.
SCHOOLS: As of July 1, 1981, there will be two vacancies on the
Roanoke City School Board created by the expiration of the terms of Ms. Jayne A.
Thomas and Mr. George W. Harris, Jr.
Pursuant to Ordinance No. 24409 adopted by the Council on Monday,
December 4, 1978, establishing a procedure for the election of School Board
trustees, applications were received in the City Clerk's Office until 5:00 p.m.,
Tuesday, March 10, 1981. Also pursuant to the above Ordinance, on or before
April 20 of each year, Council is to 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 candidate8
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 mm~y candidates.
Mrs. Bowles moved that the following persons be accorded the formal
interview on Thursday, April 23, 1981, at 7:00 p.m.:
Mr. John O. Claytor
Mr. Floyd g. Hancock
Mr. George W. Harris, Jr.
Mr. Eugene C. Morgan
Hr. Allen H. Pike
Ms. Jayne A. Thomas
The motion was seconded by Dr. Butler and unanimously adopted.
OTHER HEARINGS OF CITIZENS:
MISCELLANEOUS-COUNCIL: Mr. Norman C. Jimerson, 411 Walnut Avenue,
S. W., appeared before Council and suggested that Council consider ways in
which it can continue the excellent record it has had in peace and justice
issues, noting that Council could consider many different programs that would
enhance respect for human dignity and encourage the value and appreciation
for the rights and respect of every hummn being.
At 10:55 p.m., the Mayor declared the meeting recessed.
At 11:00 p.m., the meeting reconvened in the Council Chamber with all
members of Council present, Mayor Taylor presiding.
SEWERS AND STORM DRAINS-EASEMENTS-SALE/PURCHASE OF PROPERTY: Mr.
Thomas offered the following emergency Ordinance authorizing settlement of a
certain condemnation action pending in the Circuit Court for the City of Roanoke
under the style of City of Roanoke, Virginia v. G. H. Board, et al., in connectio~
with the Southern Hills Storm Drain Project as follows: in consideration of the
grant to the City by G. H. Board amd Eiieen P. Board of a storm drain easement,
temporary construction easement and rights of ingress and egress through property
on the east side of U. S. 220, Roanoke, Virginia, as described on Roanoke City
Plan No. 5682-F, the City will pay unto the grantors $7,734.65 and dismiss as to
them the condemnation action:
(#25549) AN ORDINANCE authorizing the appropriate City officials to
negotiate the settlement of a certain condemnation action in connection with the
Southern Hills Storm Drain Project; repealing a part of a prior ordinance on
this subject; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 432.)
Mr. Thomas moved the adoption of the Ordinance. The motion was
seconded by Mr. Landis and adopted by the following vote:
213
A~TEST:
AYES: Council members Bowles, Butler, Garland, Harvey, T~-~is, Thomas
and Piayor Taylo~r ....................................................... 7.
NAYS: None ................................................... 0.
There being no furthe~ business, the Hayor declared the meet~n8
adjourned at 11:05 p.m.
APPROVED
City Clerk Mayor
214
I~GULAR W~I.¥ SESSION ..... P. Ot/t01~ CIl~f ¢0UItCIL
April 27, 1981
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the Council ChamBer
in the Municipal Building, City of Roanoke, on Monday, April 27, 1981, at 2:00 p.m., the
regular meeting hour, with Vice-Mayor Wendell H. Butler presiding.
PRESENT: Council members Elizabeth T. Bowles, Robert A. Garland, James G.
Harvey, II, Charles L. Landis, Hampton W. Thomas and Vice-Mayor Wendell H. Butler ..... 6.
ABSENT: Mayor Noel C. Taylor ............................................... 1.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. Sam H. McGhee, III, Assistan
City Manager; Mr. Wllburn C. Dibling, Jr., City Attorney; Mr. William X Parsons, Assistant
City Attorney; Mr. Joel M. Schlanger, Director of Finance; and Mrs. Mary F. Parker, City
Clerk.
The invocation was delivered by the Reverend William L. Lee, Pastor, Loudon
Avenue Christian Church.
The Pledge of Allegiance to the Flag of the United States of America was led by
Vice-Mayor Butler.
PROCLAMATIONS: The Vice-Mayor presented a proclamation on behalf of the Mayor
declaring May 3 - 9, 1981, as Red Cross Week in the City of Roanoke and urged all citizens
to join in celebrating the 100 years of service by participating in the parade and celebrati(
OhM ay 9.
(For full text, see proclamation on file in the City Clerk's Office.)
BID OPENINGS
PAP, KS AND PLAYGROUNDS: Pursuant to notice of advertisement for bids
for alterations and additions at Hurt Park in the City of Roanoke, said proposals
to be received by the City Clerk until 1:30 p.m., Monday, April 27, 1981, and to
be opened and read before the Council at 2:00 p.m., on that date, 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:
Name Base Alt. No. 1 Alt. No. 2 Alt. No. 3
Boxley Construction Co. - $ 88,799.00
Hodges Lumber Corp. - 91,232.00
Homestead Corp. of
Roanoke - 98,900.00
Acorn Construction
Co. Ltd. - 115,900.00
+$3,025.00
+ 4,932.00
+2,700.00
+5,452.00
+$1,671.00
+ 2,400.00
+ 2,100.00
+ 3,122.00
+$12,466.00
+ 16,340.00
+ 14,500.00
+ 18,630.00
ACTION:
ACTION:
ACTION:
Mr. Thomas 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. Harvey and adopted.
The Vice-Mayor appointed Messrs. Charles L. Landis, Chairman, Thomas
F. Brady and Ms. Francis Boon as members of the committee.
COUNCIL: The City Manager requested that Council meet in Executive
Session to discuss a contractual matter and a real estate matter.
Mr. Thomas moved that Council concur in the request. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Vice-Mayor Butler .............................................................. 6.
NAYS: None ......................................................... 0.
(Mayor Taylor was absent.)
At 2:10 p.m., the Vice-Mayor declared the meeting recessed.
At 2:25 p.m.,
Mayor Butler presiding.
of the Mayor.
the meeting reconvened in the Council Chamber with Vice-
All members of Council were present with the exception
ACTION:
PUBLIC MEARINGS
GRANTS-PLANNING-DOWNTOWI~ ROAI~OK~: Council having authorized the City
Clerk to set a public hearing on Monday, April 27, 1981, at 2:00 p.m., or as
soon thereafter as the matter could be heard, on the City's application for an
Urban Development Action Grant vith respect to a proposed hotel/ convention
center complex and certain other proposed developments and projects in the
downtown area of the City, the matter was before the body.
The City Manager submitted a written report recommending that Council
authorize him to make application to the United States Department of Housing and
Urban Development for an Urban Development Action Grant in the amount of
$3,416,000.00 to provide partial financing for the construction of a hotel/
convention center development and parking garage in the downtown area of the
City.
(For full text, see report on file in the City Clerk's Office.)
Mr. Brian Wishneff, Chief of Economic Development and Grants, made an
oral presentation in regard to the project.
In regard to the City's liability in the event monies are not repaid,
the City Attorney advised it is important to point out that UDAG funds will
always maintain their nature as federal funds and the City will serve as a
conduit through which funds will flow to the developer. He stated that if
there should occur a default, the City, which will be a second or third deed of
trust holder, will have the right to foreclose and, to the extent that there are
assets, the federal monies would be recouped, and there would be no potential
liability as far as City of Roanoke funds are concerned. He said he would
recommend, during negotiations, that care be taken that the City not make any
commitment of public funds so the City would not incur any possible loss.
No citizen desiring to address the Council in regard to the matter,
Mr. Garland offered the following Resolution:
(#25550) A RESOLUTION authorizing the City Manager to make application
to the United States Department of Housing and Urban Development for an Urban
Development Action Grant in connection with a proposed hotel/convention center
development in the downtown area of the City.
(For full text of Resolution, see Resolution Book No. 46, page 439.)
Mr. Garland moved the adoption of the Resolution. The motion was
seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Vice-Mayor Butler ............................................................ 6.
NAYS: None ........................................................ 0.
(Mayor Taylor was absent.)
215
CONSENT AGENDA
ACTION:
ACTION:
The Vice-Mayor advised that all matters listed under the Consent
Agenda were considered to be routine by the City Council and would be enacted by
one motion in the forms listed on the agenda and if discussion was desired, that
item would be removed from the Consent Agenda and considered separately.
MINUTES: Minutes of the special meeting of Council held on Monday,
April 6, 1981, and the regular meeting held on Monday, April 6, 1981, were
before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mrs. Bowles moved that Council dispense with the reading of the minutes
and that they be approved as recorded. The motion was seconded by Mr. Garland
and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Vice-Mayor Butler .......................................................... 6.
NAYS: None ..................................................... 0.
(Mayor Taylor was absent.)
CELEBRATIONS: A commur, ication from the Reverend George J. Gormley
tendering his resignation as a member of the Roanoke Centennial Committee, was
before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mrs. Bowles moved that the resignation be accepted with regret and
that the conanunication be received and filed. The motion was seconded by Mr.
Garland and adopted by the following vote:
216
ACTION:
ACTION:
ACTION:
ACTION:
AYES: Council ~mbers Bowles, Garland, Harvey, Landis, Thomas and
Vice-Mayor Butler ........................................................ 6.
NAYS: None ...................................................... O.
(Mayor Taylor was absent.)
RADIO-TELEVISION: A co~saunication from Deloitte Haskins & Sells
advising of their e~-mtnation of the consolidated financial statements of Cox
Broadcasting Corporation and subsidiaries for the year ended December 31, 1980,
was before Council.
(For full text, see co~munication on file in the City Clerk's Office.)
Mrs. Bowles moved that the coz~mnication be received and filed. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Vice-Mayor Butler ........................................................... 6.
NAYS: None ....................................................... O.
(Mayor Taylor was absent.)
TRAFFIC: The qualification of Mr. Richard B. Burrow as a member of
the City of Roanoke Transportation Safety Con~nission, was before Council.
(See Oath of Office on file in the City Clerk's Office.)
Mrs. Bowles moved that the qualification be received and filed. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Vice-Mayor Butler ........................................................ 6.
NAYS: None ..................................................... 0.
(Mayor Taylor was absent.)
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
SPECIAL PERMITS-SIGNS: A communicatlom from Ms. Norma T. Isbell, Omni
Shoes, requesting permission to erect an awning on the building at 410 South
Jefferson Street, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Landis moved that the request be referred to the City Manager for
study, report and reco~m~endation to Council. The motion was seconded by Mr.
Garland and adopted.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
SPECIAL PERMITS-STATE HIGHWAYS: The City Manager submitted a written
report recommending that the request of Woods, Hogers, Muse, Walker and Thornton
law firm to encroach upon the rights of way of Franklin Road, S. W., and a
parallel alley with footings to provide for an addition to their office building
at 105 Franklin Road, S. W., be granted, upon certain terms and conditions.
(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:
(#25551) AN ORDINANCE permitting the construction of certain foot-
ings for an addition to be erected by the law firm of Woods, Rogers, Muse,
Walker & Thornton to its office building at 105 Franklin Road, S. W., to encroach
upon said road and a parallel alley through block 2, Official Survey S. W.
2, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 46, page 448.)
The motion was seconded by Mr. Garland and adopted by the following
vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Vice-Mayor Butler ............................................................. 6.
NAYS: None ........................................................ 0.
(Mayor Taylor was absent.)
ACTION:
ACTION:
ACTION:
BUILDINGS-ZONING: The City Manager submitted a written report reco~mending
approval of a waiver to allow construction of a ramp entrance for the handicapped
at Central Church of the Brethren to encroach within the six foot setback along
414-416 Church Avenue, S. W.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(~25552) AN ORDINANCE amending Ordinance No. 1816, which establishes
six-foot building setback requirements on the north and south sides of Church
Avenue between 3rd and 5th Streets, S. W., to waive this setback line as it affects
the site for the construction of a ramp entrance for the handicapped at Central
Church of the Brethren on Church Avenue, S. W.; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 440.)
Mr. Garland moved the adoption of the Ordinance. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and Vice-
Mayor Butler ................................................................... 6.
NAYS: None .......................................................... 0.
(Mayor Taylor was absent.)
Mr. R. Douglas Nininger, Chairman, Stewards Committee, Central Church of
the Brethren, appeared before Council and expressed appreciation to Council for
granting the request.
CITY ATTORNEY:
COUNCIL: The City Attorney submitted a written report transmitting a
Resolution establishing a special meeting of Council on Monday, May 4, 1981, at
7:00 p.m., at the Roanoke Civic Center Coliseum, for the purpose of receiving
final budget requests.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following Resolution:
(#25553) A RESOLUTION fixing the date of a special meeting of the Council
of the City of Roanoke.
(For full text of Resolution, see Resolution Book No. 46, page 440.)
Mr. Landis moved the adoption of the Resolution. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and Vice-
Mayor Butler .................................................................... 6.
NAYS: None ........................................................... 0.
(Mayor Taylor was absent.)
BUDGET-SEWERS AND STORM DRAINS-SALE/PURCHASE OF PROPERTY: The City
Attorney submitted a written report transmitting an Ordinance providing for the
acquisition of a portion of Lytham Street, S. W., from Nelson A. & Ruby Y. Martin,
for the sum of $2,100.00, needed in connection with the construction of the Norwood
Street Storm Drain Project.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas offered the following emergency Ordinance transferring $2,100.00
from Annex Storm Drain & Sewer Project to Norwood Street Storm Drain, Sanitation
Projects:
(#25554) AN ORDINANCE to amend and reordain certain sections of the
1980-81 Capital Projects Fund Appropriation, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 440.)
Mr. Thomas moved the adoption of the Ordinance. The motion was seconded
by Mr. Landis and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and Vice-
Mayor Butler ..................................................................... 6.
NAYS: None ............................................................ 0.
(Mayor Taylor was absent.)
ACTION: Mr. Thomas offered the following emergency Ordinance:
21§
ACTION:
ACTION:
ACTION:
Original Budgeted A~ount
Increase Per Ordinance No. 25336
$500,000
142,500
Total Budgeted
First Quarter Lapse Realized
Second Quarter Lapse Realized
Third Quarter Lapse Realized
$642,500
(164,975)
(199,365)
(2o3,1 o)
Amount to be Realized
$ 7~.~040
Mr. Thomas offered the following emergency Ordinance:
(#25558) AN ORDINANCE to amend and reordain certain sections of the
1980-81 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 442.)
Mr. Thomas moved the adoption of the Ordinance. The motion was seconded
by Hr. Landis and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and Vice-
Mayor Butler ............................................................. 6.
NAYS: None ..................................................... O.
(Mayor Taylor was absent.)
REPORTS OF COI~4ITTEES:
SIDEWALK, CURE AND GUTTER: Counci]ma- Charles L. Landis, Chairman of
the committee appointed by the Mayor to study bids received for new curb and
gutter, entrances, paving and related drainage items on Redwood Road, Catawba
Street, and Garden City Boulevard, submitted a written report of the committee
recommending that the bid of H & S Construction Company, in the amount of $115,399.
be accepted.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#25559) AN ORDINANCE accepting a bid and awarding a contract for curb,
gutter, entrance, paving and related drainage work on Redwood Road, Catawba Street
and Garden City Boulevard; authorizing the proper City officials to execute tha
requisite contract; rejecting certain other bids made therefor; and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 444.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and Vice-
Mayor Butler .................................................................. 6.
NAYS: None ........................................................ 0.
(Mayor Taylor was absent.)
SEWERS AND STORM DRAINS: Councilman Charles L. Land/s, Chairman of the
committee appointed by the Mayor to study bids received for belt filter presses,
including spare parts and belts for dewatering 5800 pounds per hour (dry solids
basis) of anaerobically digested municipal sludge, submitted a written report of
the committee recommending that the bids be rejected, and that design of the
facility to house the belt filter presses should continue.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following Resolution:
(#25560) A RESOLUTION rejecting all bids for Belt Filter Presses for
the Sewage Treatment Plant; authorizing the return of cash bonds submitted by
certain bidders; and authorizing the City Administration to proceed with desigu of
the Dewatering Facility.
(For full text of Resolution, see Resolution Book No. 46, page 444.)
Mr, Landis moved the adoption of the Resolution. The motion was
by Mr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis and Vice-Mayor
Butler ...................................................................... 5.
NAYS: None ....................................................... 0.
(Mayor Taylor was absent.) (Mr. Thomas was out of the Council Chamber.)
220
ACT ION:
ACTION:
ACTION:
ACTION:
HEALTH DEPARTMENT-CITY PROPERTY: A report of the Water Resources Com-
mittee recommending authorization to enter into a lease agreement with the Coca-n-
wealth of Virginia for the Health Department facilities at 515 8th Street, S. W.,
for a period of five years at $3,000.00 per ~onth, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Hr. Garland moved that the following O~dinance be placed upon its first
reading:
(#25561) AN ORDINANCE authorizing and directing the proper City offi-
cials to enter into a five-year lease between the City end the Virginia State
Department of Health, for use of the Health Canter Building end surrounding
property at Campbell Avenue, S. W., end 8th Street, S. W., upon certain terms end
conditions.
(For full text of Ordinance, see Ordinance Book No. 46, page 449.)
The motion was seconded by Hrs. Bowles and adopted by the following
AYES: Council members Bowles, Garland, Harvey, Landis and Vice-Mayor
Butler .................................................................. 5.
NAYS: None .................................................. 0.
(Mayor Taylor was absent.) (Mr. Thomas was out of the Council Chamber.)
SEWERS AND STORM DRAINS: A report of the Water Resources Committee
extending an invitation to all members of Council, officials from other local
governments and citizens to attend an open house at the Sewage Treatment Plant on
Wednesday, May 20, 1981, from 10:00 a.m., until 4:00 p.m., was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that the report be received and filed. The motion was
seconded by Mr. Harvey and adopted.
COMPREHENSIVE EMPLOYMENT AND TRAINING CONSORTIUM: Mr. James D. Ritchie,
Chairman, Policy Board, Fifth District Employment and Training Consortium, appearei
before Council and presented a written report recommending that Council endorse
the Policy Board's decision to employ the attorney previously representing the
Consortium to assist with audit appeals currently pending before an Administrative
Law Judge, noting that as of April 27, 1981, the governing bodies of Roanoke
County, Clifton Forge and Botetourt County have concurred in the recoEendation.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that Council concur in the recomendation. The motion
was seconded by Mr. Thomas and adopted.
UNFINISHED BUSINESS:
BUDGET-AIRPORT-CONSULTANT'S REPORTS: On April 6, 1981, the City Manager
submitted a written report reco~ending authorization to enter into Supplemental
Agreement No. 2 with Delta Associates, Incorporated, in connection with their
contract for airport access road design - contract administration, and parking lot
expansion design - contract administration, and that funds be transferred therefor
to increase the compensation to be paid by the City to Delta by no more than
$22,600.00, representing $3,800.00 for additional work related to the access road
and $18,800.00 for additional work related to the parking lot improvements.
Council deferred action on the report until its Financial and Planning Session on
Monday, April 20, 1981.
At the Financial and Planning Session on April 20, the City
Manager presented an additional report setting forth further information in
regard to the matter.
(For full text, see reports under date of April 6, and April 20, 1981,
on file in the City Clerk's Office.)
The City Manager's reports under date of April 6, 1981 and April 20,
1981, were again before the body.
Mr. Thomas offered the following emergency Ordinance:
(#25562) AN ORDINANCE to amend and reordain certain sections of the
1980-81 Airport Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 445.)
Mr. Thomas moved the adoption of the Ordinance. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Vice-Mayor Butler .......................................................... 6.
NAYS: None ...................................................... 0.
(Mayor Taylor was absent.)
221
ACTION:
ACTION:
ACTION:
ACTION:
Mr. Thomas offered the following emergency Ordinance:
(#25563) AN ORDINANCE authorizing the City Manager to enter into an
agreement on behalf of the City amending an engineering contract with Delta
Associates, lac., relative to the improvement of the airport access road and
parking lot, which agreement will increase the compensation to be paid to this
firm; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 445.)
Hr. Thomas moved the adoption of the Ordinance. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, landis, Thomas and Vice-
Mayor Butler ................................................................ 6.
NAYS: None ....................................................... O.
(Mayor Taylor was absent.)
STREETS AND ALLEYS: Council having held a public hearing on Monday,
April 13, 1981, on the request of Virginia Holding Corporation that Commonwealth
Avenue, N. E., from the south side of Wells Avenue to the north side of Shenandoah
Avenue, be vacated, discontinued and closed, and at that time Council requested
that the proposed Ordinance be redrafted to include the financial considerations
to be made by Virginia Holding Corporation, the matter was before the body.
Mrs. Bowles moved that the following Ordinance with the inclusion of
expenditures to be made by Virginia Holding Corporation and Norfolk and Western
Railway Company in connection with the vacation of Commonwealth Avenue, be placed
upon its first reading:
(~25564) AN ORDINANCE permanently vacating, discontinuing and closing
Commonwealth Avenue, N. E., from the south side of Wells Avenue to the north side
of Shenandoah Avenue, in the City of Roanoke, Virginia, as is more particularly
described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 46, page 450.)
The motion was seconded by Mr. Garland and adopted by the following
vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and Vice-
Mayor Butler ................................................................ 6.
NAYS: None ....................................................... O.
(Mayor Taylor was absent.)
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
STREETS AND ALLEYS: Ordinance No. 25528 vacating, discontinuing and
closing Woods Avenue from Clarke Avenue, S. W., to the right of way of U. S. 220
known as Roy L. Webber Highway, in the City of Roanoke, Virginia, having previous-
ly been before the Council for its first reading on Monday, April 13, 1981, read
and adopted on its first reading and laid over, was again before the body,
Mr. Thomas offering the following for its second reading and final adoption:
(#25528) AN ORDINANCE permanently vacating, discontinuing and closing
Woods Avenue from Clarke Avenue, S. W. to the right of way of U. S. 220 known as
Roy L. Webber Highway, in the City of Roanoke, Virginia, as is more particularly
described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 46, page 433.)
Mr. Thomas moved the adoption of the Ordinance. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis, Thomas and
Vice-Mayor Butler ............................................................ 6.
NAYS: None ....................................................... O.
(Mayor Taylor was absent.)
ZONING: Ordinance No. 25529 rezoning a tract of land containing 5.05
acres located on the west side of Virginia Route 117 and on the south side of
Woodbrldge Avenue and the west side of Westminster Street, N. W., Official Tax
No. 6141403, from RG-1, C~neral Residential District, to C-I, Office and Institu-
tional District, subject to certain conditions proffered by the petitioner,
having previously been before the Council for its first reading on Monday,
April 13, 1981, read and adopted on its first reading and laid over, was again
before the body, Mr. Landis offering the following for its second reading and
final adoption:
(#25529) AN ORDINANCE to amend Sections 36-3 and 36-4, Code of the
City of Roanoke (1979), as amended, and Sheet No. 614, Sectional 1976 Zone Map,
City of Roanoke, in relation to Zoning, subject to certain conditions.
(For full text of Ordinance, see Ordinance Book No. 46, page 434.)
222
ACTION:
ACTION:
ACTION:
Mx. Landis moved the adoption of the Ordinance. The motion was seconded
by Mx. Thomas and adopted by the following vote:
AYES: Council members Bo~les, Garland, Harvey, Landis, Thomas and
Vice-Hayor Butler ............................................................ 6.
NAYS: None ........................................................ O.
(Mayor Taylor was absent.)
HEALTH DEPARTMENT-HOUSING-BUILDINGS: Ordinance No. 25530 adopting the
BOCA Basic Property Maintenance Code, as modified, as a minimum standard governing
the condition and maintenance of structures and dwellings in the City, having
previously been before the Council for its first reading on Monday, April 13,
1981, 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
(#25530) AN ORDINANCE amending and reordaining Chapter 16, Housing,
Code of the City of Roanoke (1979), as amended, by repealing Article II, Housing
Code, and by adding a new Article II.l, Property Maintenance Code, adopting the
BOCA Basic Property Maintenance Code, as modified, as a minimum standard governing
the condition and maintenance of structures and dwellings in the City; and
providing for an effective date.
(For full text of Ordinance, see Ordinance Book No. 46, page 435.)
Mr. Harvey advised that it was his understanding Council previously
requested the City Administration to delete all references to the search warrant
provision contained in the present Ordinance. He said as the Ordinance is
presently written, the code official will be permitted to obtain a search warrant
to enter a private residence to investigate for possible violations. He stated
that the City's Ordinance is much stronger than the BOCA Property Maintenance
Code and to arbitrarily give a City employee the right to obtain a search warrant
to enter a private home is ridiculous.
The City Attorney advised that the issue is whether a search warrant
shall be available to administrative officials in enforcing the Code, noting
that a search warrant is issued by a magistrate judicial officer and not by a
City official, and it is issued only upon an affidavit in which the official is
required to establish what is called probable cause and he must set forth the
offense in relation to which the search is to be made and what he intends to
inspect for. He said it is not the same as an administrative search warrant.
Mr. Dibling stated it was his understanding that Council requested
that all references to the administrative search warrant be deleted and all of
those references have been deleted from the Ordinance presently before the
Council, noting that there is no authority under state law for the administrative
search warrant. He said Section 16-19 of the present Code provides that the
owner shall give the Director of Health free access to inspect for violations
and he interprets that as a blank check to go in at any time of the day or night
and inspect without a search warrant and there is no opportunity for denial by
the property owner. The City Attorney said he was endeavoring to tighten the
provisions and narrow the restrictions by providing that there are only two
instances wherein an inspection can be conducted, pursuant to consent and pursuant
to a search warrant. He noted that if Council does not want to have a search
warrant provision, he would be pleased to draft the Ordinance in that manner,
but he is of the opinion that the Ordinance will be more effective with the
provision for a search warrant.
Mr. Dibling pointed out that presently there is provision for a
search warrant in all of the City's Codes of a similar type; noting that whenever
a code provides for violations and criminal penalties, there is availability of
a search warrant upon showing of probable cause before a magistrate.
Vice-Mayor Butler expressed concern over possible abuse of the search
warrant provision, advising that it was his understanding all references to the
search warrant provision were to be deleted from the Ordinance.
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Garland, Landis and Thomas ........ 4.
NAYS: Council member Harvey and Vice-Mayor Butler ............... 2.
(Mayor Taylor was absent.)
At this point, 3:25 p.m., Mr. Thomas left the meeting.
ZONING-AIRPORT: Ordinance No. 25532 amending certain sections of the
City Code in regard to the Airport Zoning Map, dated July 14, 1967, to reflect
the MALSR, LDA and instrument landing height restrictions for Runway 5-23, as
said height restrictions are shown on a proposed revised Roanoke Municipal
Airport Zoning Map, dated November 18, 1980, having previously been before the
Council for its first reading on Monday, April 13, 1981, 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:
ACTION:
ACTION:
ACTION:
(t25532) AN 0RDIN~CE ----riding Sections 36-381(a), Airport zones
established and defined, and 36-386(e) and (b), Application of regulations to
preexisting structures, uses, etc,, Code of the City of Roanoke (1979), as
-~nded, in order to provide for an amendment to the City's airport zoning
regulations.
(~or full text of Ordinance, see Ordinance Book No. 46, page 437.)
lt~. Harvey moved the adoption of the Ordinance. The motion was seconded
by Hr. Garland and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis and Vice-Mayor
Butler ...................................................................... 5.
NAYS: None ........................................................ 0.
(Mayor Taylor and Council member Thomas were absent.)
SEWERS AND STORM DRAINS-EASEMENTS-HOUSING: Ordinance No. 25535 authoriz.
lng and directing the proper City officials to execute and deliver a deed of
easement to Appalachian Power Company to install and maintain underground electric
lines within the Gainsboro Neighborhood Development Project, having previously
been before the Council for its first reading, on Monday, April 13, 1981, 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:
(#25535) AN ORDINANCE authorizing and directing the proper City
officials to execute and deliver a deed of easement to Appalachian Power Company
to install and maintain underground electric lines within the Gainsboro Neighbor-
hood Development Project.
(For full text of Ordinance, see Ordinance Book No. 46, page 438.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis, and Vice-Mayor
Butler ...................................................................... 5.
NAYS: None ........................................................ 0.
(}~yor Taylor and Council member Thomas were absent.)
PARKS AND PLAYGROUNDS-STADIUM: Ordinance No. 25541 accepting the bid
of Stone Enterprises for concession privileges at Victory Stadium, Maher Field
and the National Guard Armory for the fee of $100.00 per month or 37% of gross
sales, whichever is larger, and at Fallon Park Swiming Pool for the fee of 36
1/2% of gross sales, having previously been before the Council for its first
reading on Monday, April 13, 1981, read and adopted on its first reading and
laid over, was again before the body, Mr. Landis offering the following for its
second reading and final adoption:
(#25541) AN ORDINANCE accepting a bid for certain concession privileges
to be exercised on City owned property, upon certain terms and conditions, and
directing the execution of the requisite contract therefor.
(For full text of Ordinance, see Ordinance Book No. 46, page 447.)
Mr. Landis moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and lost by the following vote:
AYES: Council members Bowles, Garland, and Landis ................. 3.
NAYS: None ....................................................... 0.
(Council member Harvey and Vice-Mayor Butler abstained from voting because they
have a vested interest in the Virginia Hunters who will be playing football at
Victory Stadium this s~mmer.) (Mayor Taylor and Council member Thomas were
absent.)
The City Attorney advised that in order for the Ordinance to pass,
a majority vote of Council is required; whereupon, the Vice-Mayor advised that
the Ordinance will be placed on the next agenda of Council on Monday, May 4,
1981, for its second reading.
DIRECTOR OF REAL ESTATE VALUATION-TAXES-LEGISLATION: Ordinance No.
25534 providing that if taxes on land subject to special use assessment have not
been paid after notice to the landowaer, such property will be removed from the
land use program; and providing that that property which is rezoned, at the
request of the owner or his agent, to allow a more intensive use shall be ineligi-
ble for special use assessments, having previously been before the Council for
its first reading on Monday, April 13, 1981, 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:
(#25543) AN ORDINANCE to amend and reordain subsection (g) of Section
32-64, Application for classification; assessment, etc., generally; criteria, of
the Code of the City of Roanoke (1979), as amended, and to add a new subsection
(h), the amended and added subsections to provide that if taxes on land subject
to special use assessment have not been paid after notice to the landowner,
223
224
ACTION:
ACTION:
ACTION:
such property will be removed from the lamd use program; amd to provide that that
property which is rezoned, at the request of the owner or his agent, to allow a
more intensive use shall be ineligible for special use assessments.
(For full text of Ordinance, see Ordinance Book No. 46, page 439.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Hr. Garland and adopted by the following vote:
AYES: Coumcil members Bowles, Garland, Harvey, Landis, and Vice-
Mayor Butler ............................................................. 5.
NAYS: None ..................................................... 0.
(Mayor Taylor and Council member Thomas were absent.)
SCHOOLS-BUDGET: Council at its Financial and Planning Session on
Monday, April 20, 1981, having concurred in a request of the Roanoke City School
Board that $21,280.00 be appropriated to the CETA Title VI Community Education
Program for expenditures through April, 1981, Mr. Landis offered the following
emergency Ordinance:
(#25565) AN ORDINANCE to mm-nd end reordain certain sections of the
1980-81 General Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 446.)
Hr. Landis moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis and Vice-Mayor
Butler .......................................................................... 5.
NAYS: None ........................................................ 0.
(Mayor Taylor and Council member Thomas were absent.)
BUDGET-PUBLIC ASSISTANCE: Council at its Financial and Planning
Session on Monday, April 20, 1981, having concurred in a request of the City
Manager that $15,440.00 be transferred back to the General Fund Contingency
Account, representing remaining funds appropriated for operation of the Fuel
Assistance Program, Hrs. Bowles offered the following emergency Ordinance:
(#25566) AN ORDINANCE to amend and reordain certain sections of
the 1980-81 General Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 446.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. ?mndis and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis and Vice-Mayor
Butler ....................................................................... 5.
NAYS: None ....................................................... 0.
(Mayor Taylor and Council member Thomas were absent.)
BUDGET-SCHOOLS: Council at its Financial and Planning Session on
Monday, April 20, 1981, having concurred in a request of the Roanoke City School
Board that $82,670.00 be appropriated to the pupil transportation account, Mr.
Landis offered the following emergency Ordinance:
(#25567) AN ORDINANCE to amend and reordain certain sections of the
1980-81 General Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 447.)
Mr. Landis moved the adoption of the Ordinance. The motion was seconded
by Hr. Garland and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Landis and Vice-Mayor
Butler ............................................................ ~ ........... 5.
NAYS: None ......................................................... 0.
(Mayor Taylor and Council member Thomas were absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: NONE.
OTHER HEARINGS OF CITIZENS:
TAXES: Hr. 3. H. Johnson, 1103 Overland Road, S. W., appeared before
Council and expressed concern over inequities in the assessment of real estate
taxes.
(For full text of Hr. Johnson's remarks, see transcript on file in the City
Clerk's Office.)
It was agreed that copy of Mr. 3ohnson's remarks would be referred to
the Director of Real Estate Valuation for appropriate response.
PA~K$ AND PLAYCRO~NDS: Earlier in the meeting, bids vere opened and
read for Hurt Park t~provemente; vhereupon, the City Clerk advised that the
deadline for receipt of bide vas 1:30 p.m., Nonday, April 2?, 1981, that
a bid had been received in her office at 2:&5 p.m., and inquired as to the
wishes of Council in regard to said bid.
ACTION:
Hr. Garland moved that the bid be returned unopened to the bidder with
the notation that it had been received after the deadline for receipt of bids.
The motion was seconded by Hr. Landis and adopted.
There being no further business, the Vice-Mayor declared the meeting
adjourned at 4:25 p.m.
APPROVED
ATTEST:
225
City Clerk Vice-Mayor
226
REGULAR WEEKLY SESSION ..... ROANOKE ClTY COUNCIL
Hay 4, 1981
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the Council Chamber
in the Municipal Building, City of Roanoke, on Pkmday, Hay 4, 1981, at 2:00 p.m., the
regular meeting hour, with Mayor Noel C. Taylor presiding.
PRESENT: Council members Elizabeth T. Bowles, Wendell H. Butler, Robert A.
Garland, James G. Harvey, II, Charles L. Landis, ~-mpton W. Thomas and Mayor Noel C.
Taylor .............................................................................. 7.
ABSENT: None ............................................................. 0.
OFFICERS PRESENT: Hr. H. B. Ewert, City Manager; Hr. Sam H. HcGhee, III,
Assistant City Manager; Hr. Wilburn C. Dibling, Jr., City Attorney; Hr. William X Parsons,
Assistant City Attorney; Hr. Joel H. Schlanger, Director of Finance; and Mrs. Mary F.
Parker, City Clerk.
The invocation was delivered by the Reverend Frank W. Feather, Pastor, Forest
Park Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America was led by
Mayor Taylor.
PROCLAMATIONS: The Mayor presented a proclamation declaring the week of May
4 - 8, 1981, as National School Guidance Week in the City of Roanoke and encouraged all
citizens to support school counseling services and programs.
(For full text, see proclamation on file in the City Clerk's Office.)
CONSENT AGENDA
ACTION:
ACTION:
ACTION:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the City Council and would be enacted by one
motion in the forms listed on the agenda, and if discussion was desired, that
item would be removed from the Consent Agenda and considered separately. He
noted that included on the Consent Agenda was one request for an Executive
Session to discuss a personnel matter dealing with the vacancies on various
authorities, boards, commissions and comittees appointed by the Council.
COUNCIL: A commmnication from the Mayor requesting an Executive
Session to discuss a personnel matter, was before Council.
(For full text, see coz~unication on file in the City Clerk's Office.)
Hrs. Bowles moved that Council concur in the request. The motion was
seconded by Mr. Thomas amd adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor .................................................... 7.
NAYS: None ........................................................ O.
AUDITS-GENERAL DISTRICT COURT: A communication from the State Auditor
of Public Accounts transmitting a report on an audit of the accounts and records
of the City of Roanoke General District Court for the fiscal years ended June
30, 1980, 1979 and 1978, was before Council.
(For full text, see cow~aunication on file in the City Clerk's Office.)
Hrs. Bowles moved that the c~unication be received and filed. The
motion was seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ................................................... 7.
NAYS: None ....................................................... O.
PENDING ITEMS: A list of pending items from February 7, 1977,
through April 27, 1981, was before Council.
(For full text, see 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. Thomas and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas amd Mayor Taylor ................................................... 7.
NAYS: None ...................................................... O.
2-27
.REGUlaR ACENDA
ACTION:
ACTION:
ACTION:
H~ARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND C(~NICATIONS:
COUNCIL: A communication from Mayor Taylor ia regard to the s,mor
schedule for Council meetings, advising that it has been the practice of Council
for the past four years to hold Council meetings on the second Monday at 7:30
p.m., and on the fourth Monday at 2:00 p.m., during the months of June, July
and August, and the Financial and Planning Sessions for those three months have
been cancelled, and inquiring as to the wishes of Council this year, was before
the body.
(For full text, see com-~,nication on file in the City Clerk's Office.)
Mrs. Bowles moved that Council adhere to the meeting schedule as
above set forth for the months of June, July and August, 1981, only, and that
the matter be referred to the City Attorney for preparation of the proper
measure. The motion was seconded by Dr, Butler and unanimously adopted.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-PURCHASING AND MATERIALS CONTROL-CONSULTANT'S REPORTS: The
City Manager submitted a written report advising that Council by Ordinance No.
24891 approved an agreement between the City and Management Improvement
of America to provide for a purchasing amd warehouse study which consisted of
conducting a study of purchasing and warehousing operations amd assisting with
implementation of recommendations from the study which are identified as
to the City, noting a $35,200.00 fee for the service contingent on amount of
savings or cost avoidance equal to fifty per cent of a certified value of
services, not to exceed the maximum amount of $35,200.00.
Mr. Ewert recomended payment of the fee in the amount of $35,200.00
for services rendered inasmuch as Management Improvement Corporation of America
ham complied with the full terms of the agreement and that funds be transferred
from the General Fund Contingencies Account to Purchasing and Materials Control,
Fees for Professional Services.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#25568) AN ORDINANCE to amend and reordain certain sections of the
1980-81 General Fund Appropriations, and providing for au emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 451.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Mr. garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor .....................................................
NAYS: None ...................................................... O,
PLANNING-GRANTS-SCHOOLS-TOTAL ACTION AGAINST POVERTY: The City
Manager submitted a written report recommending that he be authorized to enter
into a contract with Total Action Against Poverty to provide for the expenditure
of funds previously authorized by Council for certain architectural and engineer-
ing services to be incurred by TAP in the Harrison School Project, payment for
said architectural and engineering services not to exceed $30,000.00.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#25569) AN ORDINANCE authorizing the City Manager to enter a contract
with Total Action Against Poverty providing for the expenditure of funds
authorized by Council for certain architectural and engineering services to be
incurred by Total Action Against Poverty in the Harrison School Project; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 452.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ........................................... 7.
NAYS: None ...................................................... O.
228
ACTION:
ACTION:
ACTION:
ACTION:
PUBLIC WORKS-EQUIPMENT: The City Hanager submitted a written report
concurring in a report of the Bid Co~atttee recommending that the proposals of
Horton Salt Company and International Salt Company for supplying to the City
475 tons of rock salt at $32.66 per ton, or at a total cost of $31,027.00, be
accepted.
(For full text, see reports on file in the City Clerk's Office.)
Hr. Landis offered the following emergency Ordinance:
(t25570) AN ORDINANCE awarding contracts for supplying rock salt to
the City; accepting bids made therefor; rejecting another bid; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 452.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor .................................... ' ................ 7.
NAYS: None ....................................................... 0.
DIRECTOR OF FINANCE:
BUDGET-GRANTS-TOTAL ACTION AGAINST POVERTY: The Director of Finance
submitted a written report recomr, ending the closeout of Total Action Against
Poverty Wilderness Grant No. 80-A5165, said grant having ended on January 31,
1980. He advised that the grant provided for a program on the "Outward Bound"
model of outdoor experiences for juvenile offenders and predelinquent youths in
the 12 - 16 age group.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis moved that Council concur in the recommendation. The
motion was seconded by Hr. Garland and unanimously adopted.
REPORTS OF COMMITTEES:
PARKS AND PLAYGROUNDS: Councilman Charles L. Landis, Chairman of the
committee appointed by the Mayor to tabulate bids received for Hurt Park improve-
ments, submitted a written report of the committee recommending that the low
bid of Boxley Construction Company, Incorporated, including Alternate 3, in the
amount of $102,265.00, be accepted.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#25571) AN ORDINANCE accepting a certain bid and awarding a certain
contract for alterations and additions at Hurt Park in the City of Roanoke,
Virginia, upon certain terms and conditions; rejecting certain other bids made
to the City; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 453.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ................................................... 7.
NAYS: None ....................................................... O.
Mr. L. T. Heard, 1305 Rorer Avenue, S. W., President of the Hurt Park
Neighborhood Advisory Council, appeared before Council and advised that the
CETA contract is ending in their neighborhood and requested that Council urge
Boxley Construction Company to hire as many neighborhood youth as possible to
work on Hurt Park improvements.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
PARKS AND PLAYGROUNDS-STADIUM: Ordinance No. 25541 accepting the bid
of Stone Enterprises for concession privileges at Victory Stadium, Maher Field
and the National Guard Armory for the fee of $100.00 per month or 37% of gross
sales, whichever is larger, and at Fallon Park Swimming Pool for the fee of 36
1/2% of gross sales, having previously been before the Council for its first
reading on Monday, April 13, 1981, read and adopted on its first reading and
laid over, was again before the body, Mr. Garland offering the following for
its second reading and final adoption:
(#25541) AN ORDINANCE accepting a bid for certain concession privileges
to be exercised on City owned property, upon certain terms and conditions, and
directing the execution of the requisite contract therefor.
(For full text of Ordinance, see Ordinance Book No. 46, page 447.)
ACTION:
ACTION:
Hr. Garland moved the adoption of the Ordinance. The motion was
seconded by Hrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Garland, Landis, Thomas and Mayor
Taylor ...............................................................
NAYS: None .................................................. O.
(Council members Butler and Harvey abstained from voting because they have a
vested interest in the Virginia Hunters who will be playing professional
football at Victory Stadium this s~---~r.)
STATE HIGHWAYS-SPECIAL PE~D{ITS: Ordiua~ce No. 25551 permitting the
construction of certain footings for an addition to be erected by the law firm
of Woods, Rogers, Muse, Walker & Thornton to its office building at 105 Franklin
Road, S. W., to encroach upon said road and a parallel alley through Block 2,
Official Survey, S.W. 2, upon certain terms and conditioms, having previously
been before the Council for its first reading, on Monday, April 27, 1981, read
and adopted on its first reading and laid over, was again before the body,
Mr. Garland offering the following for its second reading and final adoption:
(#25551) AN ORDINANCE permitting the construction of certain footings
for an addition to be erected by the law firm of Woods, Rogers, Muse, Walker &
Thornton to its office building at 105 Franklin Road, S. W., to encroach upon
said road and a parallel alley through block 2, Official Survey, S. W. 2, upon
certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 46, page 448.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor .................................................. 7.
NAYS: None .................................................. 0.
SALE/PURCttASE OF PROPERTY-STATE HIGHWAYS-CITY PROPERTY: Ordinance
No. 25557 providing for the conveyance by the City to the Virginia Department
of Highways and Transportation of two parcels of land, one lying on the north
side of Hershberger Road and the other lying at the intersection of Gus Nicks
Boulevard and Eastern Avenue, N. E., for road improvement purposes, having
previously been before the Council for its first reading on Monday, April 27,
1981, read and adopted on its first reading and laid over, was again before the
body, Dr. Butler offering the following for its second reading and final adoption:
(#25557) AN ORDINANCE providing for the conveyance by the City to
the Virginia Department of Highways and Transportation of two parcels, one
lying on the north side of Hershberger Road and the other lying at the intersectio~
of Gus Nicks Boulevard and Easterm Avenue, N. E., for road improvement purposes.
(For full text of Ordinance, see Ordinance Book No. 46, page 449.)
Dr. Butler moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ................................................ 7.
NAYS: None ........................................................ 0.
HEALTH DEPARTMEnT-CITY PROPERTY: Ordinance No. 25561 authorizing and
directing the proper City officials to enter into a five year lease between the
City and the Virginia State Department of Health, for use of the Health Center
Building and surrounding property at Campbell Avenue, S. W., and 8th Street, S.
W., upon certain terms and conditions, having previously been before the Council
for its first reading on Monday, April 27, 1981, read and adopted on its first
reading and laid over, was again before the body, Mr. Thomas offering the
following for its second reading and final adoption:
(#25561) AN ORDINANCE authorizing and directing the proper City
officials to enter into a five-year lease between the City and the Virginia
State Department of Health, for use of the Health Center Building and surrounding
property at Campbell Avenue, S. W., and 8th Street, S. W., upon certain terms
and conditions.
(For full text of Ordinance, see Ordinance Book No. 46, page 449.)
Mr. Thomas moved the adoption of the Ordinance. The motion was
seconded by Mr. Landis and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ..................................................... 7.
NAYS: None ....................................
.0.
229
23O
ACTION:
ACTION:
ATTEST:
STREETS AND ALLEYS: Ordinance No. 25564 per~snently vacating, discon-
tinuing and closing Coz~onwealth Avenue, N. E., from the south side of Wells
Avenue to the north side of Shenandoah Avenue, in the City of Roanoke, Virginia,
having previously been before the Council for its first reading on Monday,
April 27, 1981, 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:
(~25564) AN ORDINANCE per~--ently vacating, discontinuing and closing
Co-a~nwealth Avenue, N. E., from the south side of Wells Avenue to the north
side of Shenandoah Avenue, in the City of Roanoke, Virginia, as is more particular
ly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 46, page 450.)
The Mayor advised that Mr. Louis O. Ferguson, 3209 Troy Avenue, N. W.,
would like for the record to show that he continues to oppose the closing of
Commonwealth Avenue, N. E.
Mr. Emmett E. Greeley, Jr., 107 Preston Avenue, N. E., appeared
before Council in opposition to the closing of Co-m~nwealth Avenue.
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ...................................................... 7.
NAYS: None ..................................................... O.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 2:40 p.m., the Mayor declared the meeting recessed.
At 3:15 p.m., the meeting reconvened in the Council Chamber with Mayor
Taylor presiding, all members of Council present.
CELEBRATIONS: Inasmuch as there is a vacancy on the Roanoke Centennial
Committee created by the resignation of the Reverend George J. Gormley, the
Mayor requested that Mrs. Bowles find a replacement.
CITY EMPLOYEES-PERSONNEL: The Mayor advised that there is a vacancy
on the Personnel and Employment Practices Co-..ission created by the resignation
of Mr. Walter L. Wheaton for a term ending June 30, 1982, and called for nomina-
tions to fill the vacancy.
Mr. Thomas placed in nomination the name of Mr. John R. Larew.
There being no further nominations, Mr. Larew was elected as a member
of the Personnel and Employment Practices Co-w, tssion to fill the unexpired term
of Mr. Walter L. Wheaton ending June 30, 1982, by the following vote:
FOR MR. LAREW: Council members Bowles, Butler, Garland, Harvey,
Landis, Thomas and Mayor Taylor ........................................... 7.
There being no further business, the Mayor declared the meeting
adjourned at 3:20 p.m.
APPROVED
City Clerk Mayor
SPECIAL SESSION .... ROANOKE CITY COUNCIL
[fay 4, 1981
7:00 p,m.
The Council of the City of Roanoke met in special ~eetin8 at the Roanoke Civic
Center Coliseum on Honday, Hay 4, 1981, at 7:00 p.m., vith Hayor Noel C. Taylor presiding.
PRESENT: Council members Elizabeth T. Bowles, Hendell H. Butler, Robert A.
Garland, James G. Harvey, Il, Charles L. Landis, Hampton H. Thomas and Hayor Noel C.
Taylor ...... 7.
ABSENT: None ........................................................... 0.
OFFICERS PRESENT: Hr. H. B. EN~ert, City Hanager; Hr. Sam H. HcGhee,
Assistant City Manager; Mr. Hilburn C. Dibling, Jr., City Attorney; Hr. Joel H. Schlanger,
Director of Finance; and Hrs. Mary F. Parker, City Clerk.
The invocation was delivered by Mayor Taylor.
The Pledge of Allegiance to the Flag of the United States of America was led by
Hayor Taylor.
The Mayor referred to the following Resolution No. 25553 fixing the special
meeting for the purpose of receiving final budget requests for the 1981-82 budget of the
City:
"IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 27th day of April, 1981.
No. 25553.
A RESOLUTION fixing the date of a special meeting of the
Council of the City of Roanoke.
BE IT RESOLVED by the Council of the City of Roanoke that
a special meeting of the Council be held on Monday, Hay 4, 1981,
at 7:00 p.m., at the Roanoke Civic Center Coliseum for the
purpose of receiving final budget requests for the 1981-82
budget of the City."
On behalf of the members of Council and the City Administration, the
Mayor extended a welcome to the citizens, noting that the purpose of the meeting
is to hear from the citizens of the City of Roanoke regarding 1981-82 fiscal
year budget presentations and/or requests. He stated that it is the intent of
Council that all budgetary requests will be finalized at this meeting in order
that Council will be aware of the requests as it com~aences budget study sessions
on Tuesday, May 5, 1981, at 8:00 a.m. He noted that it is the desire of
Council to hold a public hearing on Monday, May 11, 1981, at 7:30 p.m., in the
Roanoke City Council Chamber in regard to the real estate tax rate, the use of
federal revenue sharing funds and the fiscal year 1981-82 budget.
Mayor Taylor advised that as of 5:00 p.m., this date, a total of 16
requests to speak in regard to the budget have been received in the City Clerk's
Office, and for the benefit of those who would like to make a budget presentation
and have not registered with the City Clerk, he would like to declare a ten
minute recess in order that they may do so.
At 7:05 p.m., the Mayor declared the meeting recessed.
At 7:15 p.m., the meeting reconvened in the Civic Center Coliseum
with Mayor Taylor presiding and all members of Council present.
The Mayor advised that he had received a total of 19 requests to
address the budget, that he would like to adjourn the meeting no later than
9:30 p.m., and called for a motion in regard to the amount of time that will be
allocated to each speaker.
ACTION:
Mr. Thomas moved that each speaker be given five minutes to make his
or her presentation. The motion was seconded by Mr. Landis and unanimously
adopted.
The first speaker was Mrs. Patricia G. Dunn, 1318 Crestmoor Drive,
S. W., representing the Central Council of PTA's. Mrs. Dunn spoke in regard to
the quality of education for all children and youth in the City of Roanoke and
expressed support for the 1981-82 School Board budget.
(See transcript of remarks on file in the City Clerk's Office.)
The second speaker was Mr. Edwin R. Feinour, 2659 Nottingham Road, S.
E., former Co-President of a local PTA unit and budget representative to the
School Board Committee from the Central Council of PTA's. Mr. Feinour spoke in
regard to the 1981-82 School Board budget, advising that the budget recognizes
taxpayers, administrators and the confirmation of needed progrmmm, but above
all, it is a budgetary plan that promotes the proper education of our children.
(See transcript of remarks on file in the City Clerk's Office.)
231
232
The third speaker was lis. Linda F. Wyatt, 928 2nd Street, S. W. Ha.
Wyatt spoke in support of the 1981-82 School Board budiet.
(See transcript of re~arke on file in the City Clerk's Office.)
The fourth speaker was Mrs. Hazel B. Thompson, 831 Madison Avenue,
N.W. Hrs. Thompson spoke in support of the 1981-82 School Board budget.
(See transcript of remarks on file in the City Clerk's Office.)
The fifth speaker was Mr. Willard W. Waters, 818 Winona Avenue, S. W.,
President of the Patrolman's Association of Roanoke City. Hr. Waters spoke tn
regard to the proposed pay increase for city employees.
(See transcript of r~rks on file in the City Clerk's Office.)
The sixth speaker was Mr. Frederic H. Phillips, 2814 South Jefferson
Street, a member of the Steering Committee known as Valley Beautiful. Mr.
Phillips spoke in support of the beautification Program.
(See transcript of remarks on file in the City Clerk's Office.)
The seventh speaker was Mrs. Patricia Lawson, 3151 West Ridge Road,
S.W. Mrs. Lawson spoke in support of the beautification program.
(See transcript of remarks on file in the City Clerk's Office.)
The eighth speaker was Mr. J. H. Harris, 206 Houston Avenue, N. E.
Mr. Harris spoke in support of the beautification program.
(See transcript of remarks on file in the City Clerk's Office.)
The ninth speaker was Ms. Polly Ayers, 502 Highland Avenue, S. W.
Ms. Ayers spoke in support of the beautification program.
(See statement on file in the City Clerk's Office.)
At 7:50 p.m., the Mayor declared the meeting recessed.
At 8:00 p.m., the meeting reconvened in the Roanoke Civic Center
Coliseum with all members of Council present, Mayor Taylor presiding.
The tenth speaker was Hr. Rmmmdan Ya-Sin, 935 Hedgewood Drive, N. W.,
representing a co~nittee of city employees called the Committee for Equal
Justice and Wages. Mr. Ya-Sin spoke in regard to the pay increase for city
employees.
(See transcript of remarks on file in the City Clerk's Office.)
The llth speaker was Mr. Duane Dixon, President of the Roanoke Fire-
fighters Association, 3632 Gaye Lane, S. W. Mr. Dixon spoke in regard to the
pay increase for city employees.
(See %rritten statement on file in the City Clerk's Office.)
The 12th speaker was Dr. James A. Allison, Jr., 1869 Greenwood Road,
S. W., Chairman of the Roanoke City School Board. Dr. Allison spoke in support
of the 1981-82 School Board budget.
(See transcript of remarks on file in the City Clerk's Office.)
The 13th speaker was Hr. Gary Foutz, 1102 Morgan Avenue, S. E., Presiden
of the Southeast Concerned Citizens. Mr. Foutz spoke in regard to the sewage
tax rate, property taxes, and the method of handling sludge at the Sewage
Treatment Plant.
(See transcript of remarks on file in the City Clerk's Office.)
The 14th speaker was Ha. Elaine Shorter, 658 Morrill Avenue, S. E.,
Vice President in charge of Public Relations, Southeast Concerned Citizens.
Ms. Shorter spoke in regard to the operation of the Sewage Treatment Plant.
(See transcript of remarks on file in the City Clerk's Office.)
The 15th speaker was Hr. Michael Campbell, 508 Riverland Road, S. E.,
Vice President of the Southeast Roanoke Neighborhood Alliance. Mr. Campbell
spoke in regard to the sludge problem at the Sewage Treatment Plant, taxation,
cost centers within the City Government, and waste and inefficiency.
(See transcript of remarks on file in the City Clerk's Office.)
The 16th speaker was Mr. Don Chappell, 2132 Westover Avenue, S. W.,
representing the Greater Raleigh Court Civic League. Mr. Chappell spoke in
regard to the negative approach the City Administration has taken in regard to
the budget and recommended that the budget be sent back to the Administration
to be rewritten in a positive format and in a form that can be clearly understood
by the citizens of this City.
(See statement on file in the City Clerk's Office.)
233
The 17th speaker was Mr. ~,~ott E. Greeley, Jr., 107 Preston Avenue,
N.E. Mr. Greeley spoke in regard to property assessments.
(See transcript of remarks on file in the City Clerk's Office.)
The 18th speaker was Hr. Beverly T. Fitzpatrick, Jr., 2615 Cornwallis
Avenue, S. B. Hr. Fitzpatrick expressed appreciation to Council for the work
they are doing.
(See transcript of remarks on file in the City Clerk's Office.)
The 19th speaker was Hr. Jack C. Smith, 201 Park Crest Road, S. H.,
Executive Vice President of the Roanoke Valley Chamber of Co~nerce. Hr. Smith
spoke in regard to the City as a whole.
(See transcript of remarks on file in the City Clerk's Office.)
The Mayor expressed appreciation to the citizens for attending the
public hearing.
There being no further business, the Mayor declared the special
meeting adjourned at 8:55 p.m.
APPROVED
ATTEST:
City Clerk
Mayor
234
REGULAR WEEKLY SESSION ..... RO.'~IOKE CITY C0~dNCIL
May 11, 1981
7:30 p.m.
The Council of the City of Roanoke met in regular meetin8 in the Council Cb~mher
in the Municipal Building, City of Roanoke, on Monday, May 11, 1981, at 7:30 p.m., the
regular meeting hour, with Mayor Noel C. Taylor presiding.
PRESENT: Council members Elizabeth T. Bowles, Wendell H. Butler, Robert A.
Garland, J~-~s G. Harvey, II, Charles L. Landis, Hampton W. Thomas, and Mayor Noel C.
Taylor ...... 7.
ABSENT: None .............................................................. 0.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. Sam H. HcGhee, III, Assistant
City Manager; Mr. Wilburn C. Dibling, Jr., City Attorney; Hr. William X Parsons, Assistant
City Attorney; Mr. Joel M. Schlanger, Director of Finance; and Hrs. Mary F. Parker, City
Clerk.
The invocation was delivered by the Reverend B. J. Garrett, Pastor, West End
United Methodist Church.
The Pledge of Allegiance to the Flag of the United States of America was led by
Mayor Taylor.
PROCLAMATIONS: The Mayor issued a procl-m~tion declaring May 10 - 16, 1981, as
Neighborhood Preservation Week in the City of Roanoke and called upon the people of Roanoke
to recognize and participate in this special observance.
(For full text, see proclamation on file in the City Clerk's Office.)
In observance thereof, the Mayor presented Certificates of Appreciation as follows:
Belmont Neighborhood Watch Group
Northwest Neighborhood Environ-
mental Group
Raleigh Court Civic League
Williamaon Road Action Forum
Gainsboro Project Committee, Inc.
(Preservation of oldest neighborhood)
Old Southwest Incorporated -
(Housing Preservation)
Mountain View Neighborhood Alliance -
(Housing Preservation and Youth
Development)
Northwest Neighborhood Improvement
Council -
(Harrison School Project)
Villa Heights Crime Prevention
Group -
(Neighborhood Crime Prevention)
Mr. H. A. Lantz
Mrs. Florine Thornhill
Mr. Don Chappel
Mr. Charles Minter
The Reverend Kenneth B.
Wright
Mr. Percy T. Keeling
Mrs. Wendi Turner
Mr. Gene Carter
Mrs. Hazel B. Thompson
Mr. Eldridge W. Chambers
At 7:45 p.m., the Mayor declared the meeting recessed.
At 7:50 p.m., the meeting reconvened in the Council Chamber with Mayor Taylor
presiding, all members of Council present.
BID OPENINGS:
ACTION:
ACTION:
PARKS AND PLAYGROUNDS: Pursuant to notice of advertisement for bids
for a new ten foot high chain link fence at Veterans Park, N. W., said proposals
to be received by the City Clerk until 4:30 p.m., on Monday, May 11, 1981, and to
be opened and read before Council at 7:30 p.m., on that date, or as soon thereafter
as the matter could 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 Powers Fence
Company of Roanoke, Incorporated, in the amount of $41,987.00.
Mr. Thomas 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 Dr. Butler and unanimously adopted.
The Mayor appointed Messrs. Charles L. Landis, Chairman, Thomas F.
Brady, Kit B. Kiser and S. H. McGhes, III, as members of the co~nittee.
'235
P~BLIC H~PJ~GS:
ACTION:
ACTION:
TAXES: Where any annual assessment of real property results in an
increase of one per cent or more of the total real property tax levied, the City
is required by provisions of Section 58-785.1, Code of Virginia, (1950), as
to reduce its rate of levy for the forthco~ng tax year so as to cause such rate
of levy to produce no more than one hundred one per cent of the previous year's
real property tax levies or, after conducting a public hearing, increase the
rate above such reduced rate if such increase is deemed necessary by the Council.
Pursuant to the above set forth State Code section, Council authorized
the City Clerk to set a public hearing for Monday, }{ay 11, 1981, at 7:30 p.m.,
or as soon thereafter as the matter could be heard, with respect to the proposed
real property tax rate, which hearing was advertised once a week for two
weeks at least thirty days prior to the date of the hearing, the matter was
before the body.
Mr. Howard E. Musser, 3613 Oaklawn Avenue, N. W., appeared before Council
and read a prepared statemont.
(For full text, see statement on file in the City Clerk's Office.)
Mr. H. L. Melt, 2833 Longview Avenue, S. W., appeared before Council
and addressed the budget in terms of the impact on a residential property owner
and from a historic standpoint.
There being no further citizen comment in regard to the public hearing,
Mr. Garland offered the following Resolution:
(#25572) A RESOLUTION setting forth the findings of this Council with
respect to the public hearing required concerning the real property tax levy and
rate by Section 58-785.1, Code of Virginia (1950), as amended.
(For full text of Resolution, see Resolution Book No. 46, page 453.)
Mr. Garland moved the adoption of the Resolution. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ................................................................ 7.
NAYS: None ........................................................... O.!
Mr. Thomas moved that the following Ordinance establishing the real
estate tax rate at $1.38 on every $100.00 of the fair market value of such property
be placed upon its first reading:
(#25573) AN ORDINANCE amending and reordaining Section 32-16, Levied;
rate, subsection (a) of Section 32-104, Levied; rate, Section 32-122, Levied;
rate, of the Code of the City of Roanoke (1979), as amended, to establish new
tax rates for all real estate and improvements thereon not exempt from taxation,
for mobile homes and for all real estate and tangible personal property of public
service corporations, and providing for an effective date for these tax rates.
(For full text of Ordinance, see Ordinance Book No. 46, page 460.)
The motion was seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ................................................................ 7.
NAYS: None ............................................................ 0.
BUDGET: Council having authorized the holding of a public hearing on
Monday, May 11, 1981, at 7:30 p.m., or as soon thereafter as the matter could be
heard, on the 1981-1982 City budget including proposed use of federal revenue
sharing funds, the matter was before the body.
Mr. Albert Trompeter, 5596 Highftelds Road, S. W., appeared before
Council in regard to the proposed bulk container fee and asked for a clarification
from the City Manager in regard to the proposed fee; whereupon, the City Manager
stated that the cost for residential collection is $4.33 per month per house and
the proposal is that all businesses and houses get $4.33 either in terms of free
collection or credit.
Mr. Trompeter advised that it is an injustice to anyone in the City of
Roanoke not to have police protection, fire protection, streets to drive on,
sanitation and garbage pickup and that is a part of the City's budget without
question. He said the City's formula regarding the bulk container fee is not
equitable.
The following persons appeared before Council in regard to the proposed
increase in the transient occupancy tax from one per cent to four per cent:
236
ACTION:
ACTION:
ACTION:
Mr. Bevin Alexander, Executive Vice President
of the Virginia Motel and Motel Association
Mr. Jol~ Poff, Senior Vice President of
American Motor Inns
Mr. Lloyd Christianson, President of the
Roanoke Valley Hotel Association
Hr. Peter W. Kipp, General Manager of The
Hotel Roanoke
Hr. Craig Sutherdean, representing the
Roanoke Valley Hotel Association
(For full text, see written statements on file in the City Clerk's Office.)
Mr. Garland offered the following Resolution setting a public hearing
on Monday, June 8, 1981, before the Council on the proposal of an increase in the
transient occupancy tax imposed and levied on and after July 1, 1981:
(#25574) A RESOLUTION setting a public hearing before the Council on
the proposal of an increase in the transient occupancy tax imposed and levied on
and after July 1, 1981.
(For full text of Resolution, see Resolution Book No. 46, page 454.)
Mr. Garland moved the adoption of the Resolution. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................... 7.
NAYS: None .......................................................... 0.
Mr. Landis moved that an Ordinance adopting and providing a new Pay
Plan for the employees of the City of Roanoke, effective July 1, 1981; and emending
and modifying Ordinance No. 25069, be placed upon its first reading. The motion
was seconded by Mrs. Bowles and lost by the following vote:
AYES: Council members Bowles, Butler and Mayor Taylor ............... 3.
NAYS: Council members Garland, Harvey, Landis and Thomas ............ 4.
(For further information, see page 238.)
STREETS AND ALLEYS: The City Clerk having set a public hearing for
Monday, May 11, 1981, at 7:30 p.m., or as soon thereafter as the matter could be
heard, on the request of Merchants Parking Company, Incorporated, that a certain
alleyway beginning on Bullitt Avenue, S. W., and running through Lot 23, Block 7,
Official Survey Sheet S. W. #2, all as shown on a plat prepared by C. B. Malcolm
& Son, S. C. E., dated June 4, 1962, be vacated, discontinued and closed, the
matter was before the body.
A report of the City Planning Commission recommending that the request
be granted, was before Council.
(For full text, see report on file in the City Clerk's Office.)
No one appearing in opposition to the request, Dr. Butler moved that
the following Ordinance be placed upon its first reading:
(#25575) AN ORDINANCE permm~ently vacating, discontinuing and closing
that certain alleyway described as beginning at a point corner to Bullitt Avenue,
etc., in the City of Roanoke, Virginia, as is mere particularly described
hereinafter.
(For full text of Ordinance, see Ordinance Book No. 46, page 461.)
The motion was seconded by Mr. Garland and adopted by the following
vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ................................................................. 7
NAYS: None ............................................................. O,
STREETS AND ALLEYS: The City Clerk having set a public hearing for
Monday, May 1!, 1981, at 7:30 p.m., or as soon thereafter as the matter could be
heard, on the request of Wilson Trucking Corporation that a portion of Indiana
Avenue, N. E., be vacated, discontinued and closed, the matter was before the body.
A report of the City Planning Commission reco~ending that the request
be granted, was before Council.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
ACTION:
ACTION:
ACTION:
No one appearing in opposition to the request, Hrs. Bowles moved that
the following O~dinance be placed upon its first reading:
(#25576) AN ORDINANCE permanently vacating, discontinuing and closing
a portion of Indiana Avenue, N. E., 20 feet wide, in the City of Roanoke, Virginia
as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 46, page 462.)
The motion was seconded by Hr. Thomas and adopted by the following
vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor .............................................................. 7.
NAYS: None ........................................................... O.
SCHOOLS: The Mayor advised that on July 1, 1981, there will be two
vacancies on the Roanoke City School Board inasmuch as the terms of Ms. Jayne A.
Thomas and Mr. George W. Harris, Jr., will expire, noting that during the months
of March, April and May, the Council adhered to the procedure set forth in Ordinanc
No. 24409 for election of school trustees; whereupon, the Mayor opened the floor
for nominations for the two upcoming vacancies for terms of three years each
beginning July 1, 1981, and ending June 30, 1984.
Mrs, Bowles placed in nomination the nmme of Ms. Jayne A. Thomas.
Dr. Butler placed in nomination the name of Mr. George W. Harris, Jr.
There being no further nominations, Ms. Thomas and Mr. Harris were
reelected as trustees of the Roanoke City School Board for terms of three years
each beginning July 1, 1981, and ending June 30, 1984, by the following vote:
FOR MS. THOMAS AND MR. HARRIS: Council members Bowles, Butler, Garland,
Harvey, Landis, Thomas and Mayor Taylor ........................................
CONSENT AGENDA: NONE.
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
At 9:00 p.m., the Mayor declared the meeting recessed,
At 9:20 p.m., the meeting reconvened in the Council Chmmher with all
members of Council present, Mayor Taylor presiding.
PETITIONS AND COMHUNICATIONS:
REHABILITATION CENTERS: A communication from Mr. Robert G. Jones in
regard to a halfway house for men, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Garland moved that the communication be received and filed. The
motion was seconded by Dr. Butler and unanimously adopted.
REPORTS OF OFFICERS:
BRIEFINGS: NONE.
ITEIfS RECOMMENDED FOR ACTION:
BUDGET-LIBRARIES: The City Manager submitted a written report recommend-
ing that $17,200.00 be appropriated to the Libraries budget to provide funds for
computerization of the cataloging process and holdings records under the Cavalier
Project sponsored by the Virginia State Library.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(#25577) A RESOLUTION authorizing the City Manager to execute the
requisite document to enable the City to receive funds for computerization of
library operations.
(For full text of Resolution, see Resolution Book No. 46, page 454.)
Mrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Mr. Landis and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................... 7.
NAYS: None .......................................................... O.
237
23'8
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
REPORTS OF CO~IITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
COUNCIL: Council having instructed the City Attorney to prepare the
proper measure authorizing the holding of two regular Council meetings during the
months of June, July and August, 1981, he presented same; whereupon, D~. Butler
offered the following Resolution:
(#25578) A RESOLUTION authorizing the holding of two regular Council
meetings during the months of June, July and August, 1981.
(For full text of Resolution, see Resolution Book No. 46, page 454.)
Dr. Butler moved the adoption of the Resolution. The motion was seconded
by Mrs. Bowles and adopted by the follo~rlng vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................... 7.
NAYS: None ............................................................ 0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COI~dENTS BY THE MAYOR AND MEMBERS OF COUNCIL: NONE.
COUNCIL: Mr. Harvey moved that Council meet in Executive Session to
discuss a personnel matter. The motion was seconded by Mr. Garland and adopted
by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................... 7.
NAYS: None .......................................................... O.
OTHER HEARINGS OF CITIZENS: NONE.
BUDGET-PAY PLAN-CITY EMPLOYEES: Earlier in the meeting, an Ordinance
in regard to adopting and providing for a new Pay Plan for the employees of the
City of Roanoke having been defeated by four negative votes and three affirmative
votes, Mr. Landis advised that having voted with the majority, he would like to
move for a reconsideration of the Ordinance. The motion was seconded by Mrs.
Bowles and unanimously adopted.
Following considerable discussion of the proposed six per cent across-
the-board pay increase as opposed to a flat $1000.00 per employee increase, Mr.
Landis moved that the following Ordinance providing for a six per cent across-
the-board pay increase, be placed upon its first reading:
(#25579) AN ORDINANCE to adept and provide a new Pay Plan for the
of the City of Roanoke effective Jul), 1, 1981; amending and modifying Ordinance No.
25069 to the extent herein provided.
(For full text of Ordinance, see Ordinance Book No. 46, page 463.)
The motion was seconded by Mr. Thomas and adopted by the following
vote:
AYES: Council members Bowles, Butler, Landis, Thomas and Mayor Taylor--5
NAYS: Council members Garland and Harvey ............................... 2
Messrs. Garland and Harvey stated that they are not opposed to a pay
increase for city employees; however, they are in favor of a fiat dollar amount
per employee rather than a six per cent across-the-board increase.
BUDGET: A certificate from the Director of Finance certifying in
accordance with paragraphs (h) and (i) of Section 25.1 of the Charter of the City
of Roanoke, that funds required for the 1981-82 General Fund, Water Fund, Sewage
Treatment Fund, Municipal Airport Fund and Roanoke Civic Center Fund budgets will
be available for appropriation, was before Council.
(For full text, see certificate on file in the City Clerk's Office.)
Mr. Thomas moved that the certificate be received and filed. The
motion was seconded by Mr. Landis and unanimously adopted.
BUDGET-REFUSE COLLECTION: Mr. Landis offered the following Resolution
establishing the following fees to be charged by the City for collection of bulk
container units and for refuse collection in excess of the minimum level of
service and establishing the credit for the minimum level of service, effective
July 1, 1981:
239
Front-loading bulk container (per
collection)
Rear-loadin$ bulk container (per
collection)
Individual refuse containers (per
collection):
Collection of up to and including
ten containers
Collection of eleven through tventy
containers
Collection of more than twenty
containers
$ 9.00 per containe
4.00 per con
1.00
1.50
2.00
ACTION:
ACTION:
(#25580) A RESOLUTION establishing the fees to be charged by the City
for collection of bulk container units and for refuse collection in excess of the
minimum level of service and establishing the credit for the minimum level of
service, such fees and credit to be effective July 1, 1981.
(For full text of Resolution, see Resolution Book No. 46, page 455.)
Mr. Landis moved the adoption of the Resolution. The motion was
by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor .............................................................. 7.
NAYS: None ......................................................... O.
Mr. Landis moved that the following Ordinance providing for refuse
collection in the central business district and imposing a charge for same;
establishing a minimum level of service; imposing a charge for service in excess
of such level; requiring bulk container units under certain circumstances;
establishing the specifications for bulk container units, and setting the
of collection and the charge for additional collections of bulk container units,
effective July 1, 1981, be placed upon its first reading:
(#25581) AN ORDINANCE to amend and reordain subsection (b) of Section
14-19, Placement of business establishment containers for collection; central
business district defined; frequency of and charge for collection in central
business district; Section 14-34, When required; subsections (a) and (b) of
14-35, Defined; specifications; and Section 14-37, Charge for collections; to
add subsection (c), (d) and (e), Section 14-19, Placement of business
containers for collections; central business district defined; frequency of and
.~har~e for collection in central business district; Section 14-23, Individual
refuse container - defined; and Section 14-24, Minimum level of service - defined;
additional charge for exceeding such level; of the Code of the City of Roanoke
(1979), as amended, such amended and added sections amd subsections to provide
for refuse collection in the central business district and impose a charge for
same; to establish a minimum level of service; and to impose a charge for service
in excess of such level; to require bulk container units under certain circ,,m~tanc,
to establish the specifications for bulk container units; and to set forth the
frequency of collection and the charge for additional collections of bulk container
units; such ordinance to be effective on and after July 1, 1981.
(For full text of Ordinance, see Ordinance Book No. 46, page 464.)
The motion was seconded by Mr. Garland and adopted by the following
vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ................................................................. 7.
NAYS: None ............................................................ 0.
BUDGET-SCHOOLS: Mr. Thomas offered the following emergency Ordinance
adopting the annual General Fund Appropriation of the City of Roanoke for the
fiscal year beginning July 1, 1981, and ending June 30, 1982, in the total amount
of $89,505,719.00:
(#25582) AN ORDINANCE adopting the annual General Fond Appropriation
of the City of Roanoke for the fiscal year beginning July i, 1981, and ending
June 30, 1982; and declaring the existence of an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 456.)
Mr. Thomas moved the adoption of the Ordinance. The motion was seconded
by Mr. Landis and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ................................................................. 7.
NAYS: None ............................................................ O.
240
ACTION:
ACTION:
ACTION:
ACTION:
BUDGET-WATER DEPARTMENT: Mr. Landis offered the following emergency
Ordinance adopting the ~nnual Water Fund Appropriation of the City of Roanoke for
the fiscal year beginning July 1, 1981, and ending June 30, 1982, in the total
A-~unt of $4,070,088.00:
(#25583) A~ ORDINANCE adopting the annual Water Fund Appropriation of
the City of Roanoke for the fiscal year beginning July 1, 1981, and ending
June 30, 1982; and declaring the existence of an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 457.)
Mr. Landis moved the adoption of the Ordinance. The motion was seconded
by Mr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Tho~s
and Mayor Taylor ............................................................... 7.
NAYS: None ......................................................... O.
BUDGET-SEWERS AND STORM DRAINS: Mr. Thomas offered the following
emergency Ordinance adopting the annual Sewage Treatment Fund Appropriation of
the City of Roanoke for the fiscal year beginning July 1, 1981, and ending June
30, 1982, in the total amount of $5,978,556.00:
(#25584) AN ORDINANCE adopting the annual Sewage Treatment Fund
Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1981,
and ending June 30, 1982; and declaring the existence of an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 458.)
Mr. Thomms moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor.
NAYS:
BUDGET-AIRPORT: Mrs. Bowles offered the following emergency Ordinance
adopting the annual Municipal Airport Fund Appropriation of the City of Roanoke
for the fiscal year beginning July 1, 1981, and ending June 30, 1982, in the
total amount of $1,933,431.00:
(#25585) AN ORDINANCE adopting the annual Municipal Airport Fund
Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1981,
and ending June 30, 1982; and declaring the existence of an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 459.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor .................................................... 7.
NAYS: None ...................................................... O.
BUDGET-CIVIC CENTER: Dr. Butler offered the following emergency
Ordinance adopting the annual Civic Center Fund Appropriation of the City of
Roanoke for the fiscal year beginning July 1, 1981, and ending June 30, 1982, in
the total amount of $1,537,036.00:
(#25586) AN ORDINANCE adopting the annual Civic Center Fund Appro-
priation of the City of Roanoke for the fiscal year beginning July 1, 1981, and
ending June 30, 1982; and declaring the existence of an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 460.)
Dr. Butler moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................. 7.
NAYS: None ........................................................ O.
SCHOOLS: Mr. Bobby Ratliff, 718 First Street, S. W., appeared before
Council and inquired as to why Council continues to reelect the same people to
the Roanoke City School Board when they are not doing their jobs in the first
place.
At 10:00 p.m., the Mayor declared the meeting recessed.
At 10:15 p.m., the meeting reconvened in the Council Chamber with Mayor
Taylor presiding, and all members of the Council present.
ACTION
ATTEST:
HOUSING: The Mayor called to the attention of Council that there is a
vacancy on the Fair Housing Board created by the resignation of Hr. Clark H.
Thomas ending March 31, 1983, and called for nominations to fill the vacancy.
Mr. Harvey placed in nomination the na~ of the R~verend Arthur W,
Coffey, Jr.
There being no further nominations, the Reverend Coffey was elected as
a member of the Fair Housing Board to fill the unexpired term of Hr. Clark M.
Thomas, resigned, ending March 31, 1983, by the following vote:
FOR THE REVEREND COFFEY: Council members Bowles, Butler, Garland,
Harvey, Landis, Thomas and Mayor Taylor ........................................ 7.
There being no further business, the Hayor declared the meeting
at 10:20 p.m.
APPROVED
City Clerk
Mayor
242
REGULAR %W~XLY SESSION ..... ROANOKE CITY COUNCIL
May 26, 1981
2:00 p.m.
The Council of the City of Roanoke met in regular meetin8 in the Council Chamber
in the Municipal Buildin$, City of Roanoke, on Tuesday, Hay 26, 1981, at 2:00 p.m., with
Mayor Noel C. Taylor presiding.
PRESENT: Council members Elizabeth T. Bowles, Wendell H. Butler, Robert A.
Garland, James G. Harvey, II, Charles L. Landis, Hampton W. Thomas and Mayor Noel C.
Taylor ................................................................................ 7.
ABSENT: None .............................................................. O.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. Sam H. McGhee, III, Assistant
City Manager; Mr. Wllburn C. Dibling, Jr., City Attorney; Mr. Joel M. Schlanger, Director
of Finance; and Mrs. Mary F. Parker, City Clerk.
The invocation was delivered by Mayor Noel C. Taylor.
The Pledge of Allegiance to the Flag of the United States of America was led by
Mayor Taylor.
PUBLIC HEARINGS:
ACTION:
GRANTS-PLANNING-DOWNTOWN ROANOKE-CITY MARKET-FIRE DEPARTMENT: Council
having set a public hearing for Tuesday, May 26, 1981, at 2:00 p.m., or as soon
thereafter as the matter could be heard, on an amendment to the City's application
for an Urban Development Action Grant with respect to a certain proposed hotel/
convention center complex in the Downtown area of the city, such amendment to
provide for Urban Development Action Grant funding for certain improvements in
connection with development of the City's Market Building and Fire Station No. 1,
the matter was before the body.
The City Manager submitted a written report advising that Council
authorized the filing of an Urban Development Action Grant application for
$3,416,440.00 of federal funds to construct 240 parking spaces and to provide a
$2,000,000.00 loan at below market rate interest for the proposed hotel/conference
center project on April 27, 1981, noting that Downtown Associates, lessees of the
City Market Building and Fire Station #1, have requested that the U.D.A.G.
application be amended to include partial financing for their proposed renovation
of the City Market Building and Fire Station #1. Mr. Ewert recommended that
Council concur in Alternative A as more fully set forth in his report under date
of May 26, 1981.
(For full text, see report on file in the City Clerk's Office.)
The Mayor inquired if there were persons in the Council Chamber who
would like to address the matter. There being none, Mr. Thomas offered the
following Resolution:
(#25587) A RESOLUTION authorizing the City Manager to file an amended
applicationwith the United States Department of Housing and Urban Development
for an Urban Development Action Grant in connection with a proposed hotel/conventio
center development and certain other improvements in the Downtown area of the
City.
(For full text of Resolution, see Resolution Book No. 46, page 466.)
Mr. Thomas moved the adoption of the Resolution. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................... 7.
NAYS: None .......................................................... 0.
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the City Council and would be enacted by one motion
in the forms listed on the agenda, and if discussion was desired, that item would
be removed from the Consent Agenda and considered separately. He noted that
there were requests for Executive Sessions of Council to discuss terms and condi-
tions of a contract, use of City property, and the Vice-Mayor would like to
orally request an Executive Session to discuss a real estate matter.
MINUTES: Minutes of the regular meetings of Council held on Monday,
April 13, 1981; Monday, April 27, 1981; Monday, May 4, 1981; and the special
meeting held on Monday, May 4, 1981, were before the body.
(For full text, see Minutes on file in the City Clerk's Office.)
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
Mrs. Bowles moved that Council dispense with the reading of the minutes
aud that the minutes be approved as recorded. The motion was seconded by Hr.
Harvey and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................... 7.
NAYS: None ....................................................... O.
HOUSING: A co~nnunication from N~. Richard P. White tendering his
resignation as a member of the Fair Housing Board, 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:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor .............................................................. 7.
NAYS: None .......................................................... 0.
COUNCIL: A report of the City Manager requesting an Executive Session
to discuss the terms and conditions of a contract, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the request. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................. 7.
NAYS: None ......................................................... O.
COUNCIL: A report of the City Manager requesting an Executive Session
to discuss the terms and conditions of a contract and use of City property, was
before Council.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the request. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor .............................................................. 7.
NAYS: None ...................................... r .................. 0.
PERSONNEL-CITY EMPLOYEES: The qualification of Mr. John R. Larew as a
member of the Personnel and Employment Practices Co~ission to fill the unexpired
term of Mr. Walter L. Wheaton, resigned, ending June 30, 1982, was before Council.
(See Oath of Office on file in the City Clerk's Office.)
Mrs. Bowles moved that the qualification be received and filed. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor .............................................................. 7.
NAYS: None ........................................................... O.
COUNCIL: Vice-Mayor Butler orally requested an Executive Session to
discuss a real estate matter.
Mrs. Bowles moved that Council concur in the request. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ................................................................ 7.
NAYS: None ........................................................... O.
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
SWIMMING POOLS: Mrs. Leeta W. Sink, representing the Roanoke Valley
Aquatic Association, appeared before Council and requested use of Fallon Park
Swimming Pool for practice sessions and to host a state swi~mning meet.
Mr. Thomas moved that the request be referred to the City Manager for
study, report and recommendation to Council. The motion was seconded by Dr.
Butler and unanimously adopted.
The City Manager advised that he would submit a report to the Council
at its regular meeting on Monday, June 8, 1981.
243
244
ACTION:
ACTION:
ACTION:
PETITIONg AND CO~dUNICATION8: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOt~ENDED FOR ACTION:
BUDgET-SEWERS AND STORM DRAINS: The City M-uager submitted a written
report recoamending execution of Change Order No. 1 to the contract with J. and
H. Grading Company, Incorporated, for construction of new Lagoon No. 5 and the
addition to Lagoon No. 1 at the Sewage Treatment Plant, in order to acco~m~odate
unexpected contingencies in the construction of Lagoon No. 5, the total amount of
Change Order No. 1 being $93,770.00, and that $82,599.00 be appropriated to
Restoration and Construction at the Sewage Treatment Plant.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Thomas, Chairman of the Water Resources Committee, advised that the
matter was before the Committee at its meeting on Wednesday, May 20, 1981,
and the Committee recommends approval of the change order to Council.
Mr. Thomas moved that Council concur in the recommendation. The motion
was seconded by Mr. Garland and unanimously adopted.
Mr. Thomas offered the following emergency Ordinance appropriating
$87,599.00 to Restoration and Construction of the 1980-81 Sewage Treatment Fund
Appropriation Ordinance:
(#25588) AN ORDINANCE to amend and reordain certain sections of the
1980-81 Sewage Treatment Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 466.)
Mr. Thomas moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................... 7.
NAYS: None ......................................................... 0.
Mr. Thomas offered the following emergency Ordinance authorizing
issuance of Change Order No. 1:
(#25589) AN ORDINANCE authorizing the issuance of Change Order No. 1
to the City's contract with J. and H. Grading Co., Inc., for the construction of
new Lagoon No. 5 and the addition to Lagoon No. 1 at the Sewage Treatment Plant,
in order to acconx~odate unexpected contingencies in the construction of Lagoon
No. 5; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 467.)
Mr. Thomas moved the adoption of the Ordinance. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................... 7.
NAYS: None .......................................................... 0.
CITY ATTORNEY:
LAW LIBRARY: The City Attorney submitted a written report transmitting
and recommending an Ordinance increasing the filing fee in civil cases, which fee
is designated for maintenance and operation of the Law Library, from $1.00 to
$2.00.
(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:
(#25590) AN ORDINANCE amending and reordaining subsection (a) of
Section 18-30, Assessment of Additional Court Costs for Support, Code of the
City of Roanoke (1979), as amended, to raise the filing fee levied by courts
of record and courts not of record for support of the Law Library from $1.00
to $2.00; and providing for an effective date.
(For full text of Ordinance, see Ordinance Book No. 46, page
The motion was seconded by Mr. Garland and adopted by the following
vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor .................................................................
NAYS: None ............................................................ 0.
245
ACTION:
ACTION:
ACTION:
ACTION:
ASSESSMENTS-BUILDINGS: The City Attorney submitted a written report
advising that the Code of Virginia offers a locality two alternate methods of
assessing new construction for purposes of real estate taxation, noting that the
practice of the Office of Real Estate Valuation has been to follow the method
established by Section 58-i11.1, and it will continue to assess new construction
as it has always done. Mr. Dibling noted that the Director of P~al Estate
has called to his attention that the City Code establishes a procedure for assess-
ment of new construction which does not comport in all respects with the procedure
currently followed by bis office, recommending that Section 32-43 of the City
Code be amended to read verbatim as does Section 58-811.1 of the State Code, and
transmitting a measure which will eliminate the inconsistency in the City Code
without making any change in the method of assessing new construction.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler offered the following emergency Ordinance:
(#25591) AN ORDINANCE amending and reordaining subsections (a) and (b)
of Section 32-43, Assessment of new buildings, Code of the City of Roanoke (1979),
as amended, to conform the City's method of assessing new construction to that
set forth in Section 58-811.1, Code of Virginia (1950), as -mended; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 468,)
Dr. Butler moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ................................................................. 7,
NAYS: None ............................................................ 0.
POLICE DEPARTMENT-NUISANCES: The City Attorney submitted a written
report transmitting an Ordinance prohibiting urinating in public.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas offered the following emergency Ordinance:
(#25592) AN ORDINANCE amending and reordaining Chapter 21, Offenses-
Miscellaneous, of the Code of the City of Roanoke (1979), as amended, by the
addition of a new section numbered Section 21-45, Urinating in public, so as to
prohibit urinating in public; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 468'.)
Mr. Thomas moved the adoption of the Ordinance. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor .............................................................. 7.
NAYS: None ........................................................ 0.
COUNCIL: The City Attorney orally requested that Council meet in
Executive Session to discuss a matter of real property concerning terms and
conditions of a lease.
Mr. Thomas moved that Council concur in the request. The motion was
seconded by Mr. Landis and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor .............................................................. 7.
NAYS: None ......................................................... 0.
DIRECTOR OF FINANCE:
BUDGET-LIBRARIES: The Director of Finance submitted a written report
transmitting an Ordinance appropriating $17,200.00 of federal funds for computeri-
zation of the City's library holdings as authorized at Council's May 11 meeting.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#25593) AN ORDINANCE to amend and reordain certain sections of the
1981-82 General Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 469.)
Mrs. Bowles moved the adoption of the Ordinance.
seconded by Dr. Butler and adopted by the following vote:
The motion was
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................... 7.
NAYS: None .......................................................... 0.
246
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
REPORTS OF CO~IITTEES:
AUDIT COMMITTEE: Minutes of the meeting of the Audit Co~ttee held on
May 18, 1981, in regard to the following reports: Office of Billings and Collec-
tions, March 31, 1981; School Federal Grants-in-Aid Cycle Internal Accounting
Controls; and City Federal Grants-in-Aid Cycle Internal Accounting Controls;
noting concurrence with the reco=~endation that the City continue to plan for a
single "Attachment P" audit for Federal grants for the year ending June 30, 1981;
and a review of the June 30, 1981, annual audit plan with Peat, Marwick, Mitchell
& Company, was before Council.
(For full text, see Minutes on file in the City Clerk's Office.)
Mr. Garland moved that the minutes be received and filed. The motion
was seconded by Mr. Harvey and unanimously adopted.
ROANOKE MEMORIAL HOSPITALS-CITY PROPERTY: Mr. Thomas, Chairm-- of the
Water Resources Committee, presented a written report of the Committee, recomm-nd-
lng approval of an amendment to the 1956 agreement with Rmanoke Memorial Hospital
for the front parking lot, and the sale of a -mximum of approximately 2.0 additions
acres in accordance with a March 17, 1981, agreement.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas moved that the following Ordinance be placed upon its first
reading:
(#25594) AN ORDINANCE modifying Ordinance No. 12823, adopted September
4, 1956, to amend the City's lease with Roanoke Hospital Association of a parcel
of land on Jefferson Street, used as the hospital's front parking lot, in order
to allow the hospital to place certain restrictions on the use of the parking lot.
(For full text of Ordinance, see Ordinance Book No. 46, page
The motion was seconded by Mrs. Bowles.
Mr. J. Granger Macfarlane, 2402 Woodcliff Road, S. E., appeared before
Council and suggested that the Ordinance be tabled until further information can
be obtained. He said his review of the land records reveals that the Hospital
pays real estate taxes on $1,508,900.00 of its $34,754,800.00 worth of property
in the City of Roanoke and the remaining $33,245,900.00 is listed as tax exempt.
He noted that the Hospital pays $22,029.92 in real estate taxes to the City each
year.
Mr. Edmund A. Damus, 1920 Deyerle Road, S. W., appeared before Council
and expressed opposition to leasing the parking lot for $1.00 a year.
Vice-Mayor Butler advised that he was aware of certain information that
was not known to him at the time the Water Resources Committee considered the
matter and offered a substitute motion that action on Ordinance No. 25594 be
tabled until the regular meeting of Council on Monday, July 13, 1981. The motion
was seconded by Mr. Garland and lost by the following vote:
AYES: Council members Butler and Garland ............................. 2.
NAYS: Council members Bowles, Harvey, Landis and Thomas .............. 4.
(Mayor Taylor abstained from voting because he serves on the Board of Directors
of Roanoke Memorial Hospitals.)
Ordinance No. 25594 was then adopted on its first reading by the followir
vote:
AYES: Council members Bowles, Harvey, Landis, and Thomas .............. 4.
NAYS: Council members Butler and Garland ............................. 2.
(Mayor Taylor abstained from voting because he serves on the Board of Directors
of Roanoke Memorial Hospitals.)
Mr. Thomas moved that the following Ordinance be placed upon its first
reading:
(#25595) AN ORDINANCE providing for the sale and conveyance to Roanoke
Hospital Association of two parcels of land situate in this City, the first
located at the intersection of Weller Lane end Lake Street and the second being
1.9 acres located at the southern terminus of Lake Street.
(For full text of Ordinance, see Ordinance Book No. 46, page
Mr. Landis moved that Ordinance No. 25595 be mm~uded on page 2, paragrap[
B, "In General," subparagraph (b) to change subparagraph (b) from "Hospital shall
provide to the City Manager within ninety (90) days from the date hereof an
indexed map of all property owned by it in South Roanoke, (underline added to
place emphasis on amendment), with a legend stating current and proposed property
use", to "Hospital shall provide to the City Manager within ninety (90) days from
the date hereof an indexed map of all property owned by it in the City of Roanoke,
(underline added to place emphasis on amendment), with a legend stating current
and proposed property use". The amendment to Ordinance No. 25595 was seconded
by Mr. Thomas and adopted. (Mayor Taylor abstained from voting because he serves
on the Board of Directors of Roanoke Memorial Hospitals.)
ACTION:
ACT ION:
ACTION:
ACTION:
The motion to adopt Ordinance No. 25595 on its first reading, as above
-~'uded, was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis and
Thomas ............ 6.
NAYS: None ...................................................... 0.
(Mayor Taylor abstained from voting because he serves on the Board of Directors
of Roanoke Memorial Hospitals,)
Mr. Landis moved that the City Hauager, the City Attorney and the
Commissioner of Revenue be requested to compile a list of tax exempt real property
in the City of Roanoke, and that the City Attorney be requested to ascertain if
there are properties on the tax exempt list that should be included on the tax
rolls of the City. The motion was seconded by Hr. Harvey and unanimously adopted.
PARKS AND PLAYGROUNDS: Mr. Landis, Chairm~n of the committee appointed
by the Mayor to study the one bid received for fencing Veterans Park, submitted a
written report of the Committee recommending that the bid be rejected and that
the project be rebid at a later date.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas offered the following Resolution:
(#25596) A RESOLUTION rejecting the bid received by the City for
fencing Veterans Park; and authorizing revision of the project scope and solicita-
tion of new bids therefor.
(For full text of Resolution, see Resolution Book No. 46, page 469.)
Mr. Thomas moved the adoption of the Resolution. The motion was seconde¢
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor .............................................................. 7.
NAYS: None .......................................................... 0.
PARKS AND PLAYGROUNDS: A report of the City Planning Commission
recommending that the new park on Colonial Avenue be named John W. Harkrader
Park, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas moved that the following Ordinance be placed upon its first
reading:
(#25597) AN ORDINANCE providing the name for the City's new park
adjacent to the Strauss Building at the corner of Colonial and Brandon Avenues
in the City.
(For full text of Ordinance, see Ordinance Book No. 46, page
The motion was seconded by M_rs. Bowles and adopted by the following
vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ................................................................ 7.
NAYS: None .......................................................... 0.
BLUE CROSS/BLUE SHIELD: A report of the City Planning Commission
recommending that the new public plaza in front of the Blue Cross/Blue Shield
Building be named Key Plaza in honor of Leonard Key, was before Council.
(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:
(#25598) AN ORDINANCE providing the name for the City's new plaza
adjacent to the Blue Cross/Blue Shield of Southwestern Virginia building on
the southeast corner of Jefferson Street and Franklin Road in the City.
(For full text of Ordinance, see Ordinance Book No. 46, page
The motion was seconded by Dr. Butler and adopted by the following
vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................... 7.
NAYS: None .......................................................... 0.
UNFINISHED BUSINESS: NONE.
247
248
A~ ION:
ACT ION:
ACTION:
ACTION:
INTRODUCTION AND CONSIDERATION OF O~DINANCES AND RESOLUTIONS:
TAXES: Ordin-nce No. 25573 establishing new tax rates for all real
estate and improvements thereon not exempt from taxation, for mobile home8 and
for all real estate and tangible personal property of public service corpora-
tions, effective July 1, 1981, having previously been before the Council for its
first reading on Monday, May 11, 1981, 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:
(#25573) AN ORDINANCE amending and reordaining Section 32-16, Levied;
rate, subsection (a) of Section 32-104, Levied; rate, Section 32-122, Levied;
rate, of the Code of the City of Roanoke (1979), as amended, to establish new tax
rates for all real estate and improvements thereon not exempt from taxation, for
mobile homos and for all real estate and tangible personal property of public
service corporations, and providing for an effective date for these tax rates.
(For full text of Ordinance, see Ordinance Book No. 46, page 460.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was seconded
by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................... 7.
NAYS: None ......................................................... O.
STREETS AND ALLEYS: Ordinance No. 25575 vacating, discontinuing and
closing that certain alleyway beginning on Bullitt Avenue, S. W., running through
Lot 23, Block 7, Official Survey Sheet S. W. #2, as shown on a plat prepared by
C. B. Malcolm & Son, S. C. E., dated June 4, 1962, having previously been before
the Council for its first reading on Monday, May 11, 1981, read and adopted on
its first reading and laid over, was again before the body, Dr. Butler offering
the following for its second reading and final adoption:
(#25575) AN ORDINANCE permanently vacating, discontinuing and closing
that certain alleyway described as beginning at a point corner to Bullitt Avenue,
etc., in the City of Roanoke, Virginia, as is more particularly described
hereinafter.
(For full text of Ordinance, see Ordinance Book No. 46, page 461.)
Dr. Butler moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................ 7.
NAYS: None ....................................................... 0.
STREETS AND ALLEYS: Ordinance No. 25576 vacating, discontinuing and
closing a portion of Indiana Avenue, N. E., as more fully described in a certain
metes and bounds description, having previously been before the Council for its
first reading on Monday, May 11, 1981, read and adopted on its first reading and
laid over, was again before the body, Dr. Butler offering the following for its
second reading and final adoption:
(#25576) AN ORDINANCE permanently vacating, discontinuing and closing
a portion of Indiana Avenue, N. E., 20 feet wide, in the City of Roanoke, Virginia,
as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 46, page 462.)
Dr. Butler moved the adoption of the Ordinance. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor .............................................................. 7.
NAYS: None .......................................................... 0.
BUDGET-PAY PLAN-CITY EMPLOYEES: Ordinance No. 25579 adopting and
providing a new Pay Plan for the employees of the City of Roanoke, effective July
1, 1981, having previously been before the Council for its first reading on
Monday, May 11, 1981, read and adopted on its first reading amd laid over, was
again before the body, Mrs. Bowles offering the following for its second reading
and final adoption:
(#25579) AN ORDINANCE to adopt and provide a new Pay Plan for the
employees of the City of Roanoke effective July 1, 1981; amending and modifying
Ordinance No. 25069 to the extent herein provided.
(For full text of Ordinance, see Ordinance Book No. 46, page 463.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Landis, Thomas and Mayor
Taylor ..................................................................... 5.
NAYS: Council members Garland and Harvey ....................... 2.
ACTION:
ACTION:
ACTION:
ACTION:
BUDGET-REFUSE COLLECTION: Ordinance No. 25581 in regard to refuse
collection in the central business district and imposition of a charge for sa~e;
establishing a mint~,m level of service; imposing a charge for service in excess
of such level; requiring bulk container units under certain circumstances; establim
lng specifications for bulk containsr oni£s, setting forth the frequency of
collection and the charge for additional collections of bulk container units,
effective on and after July 1, 1981, having previously been before the Council
for its first readin8 on Monday, May 11, 1981, read and adopted on its first
reading and laid over, was again before the body, Mr. Thomas offering the follow-
ing for its second reading and final adoption:
(#25581) AN ORDINANCE to amend and reordain subsection (b) of Section
14-19, Placement of business establishment containers for collection; central
business district defined; frequency of and charge for collection in central
business district; Section 14-34, When required; subsections (a) and (b) of Sectio
14-35, Defined; specifications; and Section 14-37, Charge for collections; to add
subsection (c), (d) and (e), Section 14-19, Placement of business establishment
containers for collections; central business district defined; frequency of and
charge for collection in central business district; Section 14-23, Individual
refuse container - defined; and Section 14-24, Minimum level of service - defined;
additional charge for exceeding such level; of the Code of the City of Roanoke
(1979), as amended, such amended and added sections and subsections to provide
for refuse collection in the central business district and impose a charge for
same; to establish a minimum level of service; and to impose a charge for service
in excess of such level; to require bulk container units under certain cir-
cumstances; to establish the specifications for bulk container units; and to set
forth the frequency of collection and the charge for additional collections of
bulk container units; such ordinance to be effective on and after July 1, 1981.
(For full text of Ordinance, see Ordinance Book No. 46, page 464.)
Mr. Thomas moved the adoption of the Ordinance. The motion was seconded
by Mr. Landis and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and }layor Taylor ............................................................... 7.
NAYS: None ........................................................ 0.
BUDGET-PUBLIC ASSISTANCE: Council at its Financial and Planning Session
on Monday, May 18, 1981, having concurred in a reco~endation of the City Manager
that $2,147.00 be transferred from Emergency Relief, Income Maintenance, to
Refund Improper Payment, Social Services - Administration, to provide funds in
connection with repayment to the State Department of Welfare for Social Services
Department Aid to Dependent Children payment errors, Mr. Landis offered the
following emergency Ordinance:
(#25599) AN ORDINANCE to amend and reordain certain sections of the
1980-81 General Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 470.)
Mr. Landis moved the adoption of the Ordinance. The motion was seconded
by Mr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor .................................................. 7.
NAYS: None ....................................................... O.
BUDGET-PUBLIC WORKS: Council at its Financial and Planning Session on
Monday, May 18, 1981, having concurred in a recommendation of the City Manager
that $73,000.00 be transferred from Snow Removal and Motor Fuel and Lubricants to
Vehicle Maintenance within the Public Works Directorate to provide funds for
motor vehicle maintenance for the remainder of this fiscal year, Mr. Landis
offered the following emergency Ordinance:
(#25600) AN ORDINANCE to amend and reordain certain sections of the
1980-81 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 470.)
Mr. Landis moved the adoption of the Ordinance. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................... 7.
NAYS: None .......................................................... 0.
DATA ASSIMILATION AND AVAILABILITY-CITY INFORMATION SYSTEMS: Council
at its Financial and Planning Session on Monday, May 18, 1981, having concurred
in a report of the Bid Committee reco~nending that the bid of Program Products,
Incorporated, for a data analyzer retrieval package be accepted, and instructed
the City Attorney to prepare the appropriate measure, Mrs. Bowles offered the
following emergency Ordinance:
(#25601) AN ORDINANCE authorizing a purchase agreement with Program
Products, Inc. to provide a data analyzer retrieval package for the City; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 471.)
'2'49
25O
ACTION:
ACTION:
ACTION:
Mrs. Bowles moved the adoption of the Ordinance. The motion was seconded
by Hr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ......................................................... 7.
NAYS: None ..................................................... 0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COlOraNTS BY THE MAYOR AND MEMBERS OF COUNCIL: NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 3:30 p.m., the Mayor declared the meeting recessed.
At 4:45 p.m., the meeting reconvened in the Council Chamber with Mayor
Taylor presiding, all members of Council present.
YOUTH SERVICES CITIZEN BOARD: The Mayor advised that the terms of
Messrs. Gregory W. Feldmenn, Archibald C. Magee, Jr., Julian R. Moore and Vincent
T. Basile as members of the Youth Services Citizen Board will expire on May 31,
1981, that Mr. Feldmann has declined to serve another term and called for nomina-
tions to fill the upcoming vacancies.
Mr. Thomas placed in nomination the names of Messrs. Archibald C.
Magee, Jr., Julian R. Moore and Vincent T. Basile.
There being no further nominations, Messrs. Magee, Moore and Basile
were reelected as members of the Youth Services Citizen Board for terms of three
years each ending May 31, 1984, by the following vote:
FOR MESSRS. MAGEE, MOORE AND BASILE: Council members Bowles, Butler,
Garland, Harvey, Landis, Thomas and Mayor Taylor .............................. 7.
The Mayor assigned the vacancy created by Mr. Feldmann's resignation
to Mr. Harvey.
STADIUM: Mr. Thomas moved that the following Ordinance authorizing the
City Manager to enter into a lease agreement between the City and the Virginia
Hunters for use of certain locker room facilities on the west side of Victory
Stadium fromM ay 27, 1981 to August 22, 1981, for a weekly rental fee of $141.70,
upon certain other terms and conditions, be placed upon its first reading:
(#25602) AN ORDINANCE authorizing the City Manager to enter into a
lease agreement between the City and the Virginia Hunters for the use of certain
locker room facilities on the west side of Victory Stadium from May 27, 1981 to
August 22, 1981, for a weekly rental fee of $141.70, and upon certain other terms
and conditions.
(For full text of Ordinance, see Ordinance Book No. 46, page
The motion was seconded by Mr. Landis.
Mr. Thomas stated that paragraph 3 of Ordinance No. 25602 currently
reads as follows:
"3. It is understood the property to be leased to the Virginia Hunters
shall not be occupied by much organization until such time as the proper insurance
certificates have been filed with the City Clerk, a $10~000.00 (underline added
to place emphasis on amendment) bond conditioned upon return of the leased facili-
ties to the City in good condition less ordinary wear and tear has been posted
and an advance payment of rent in an amount deemed appropriate by Council has
been made."
Mr. Thomas moved that paragraph 3 of Ordinance No. 25602 be amended as
follows:
"3. It is understood the property to be leased to the Virginia Hunters
shall not be occupied by such organization until such time as the proper insurance
certificates have been filed with the City Clerk, a $5~000.00 (underline added
to place emphasis on amendment) bond conditioned upon return of the leased facili-
ties to the City in good condition less ordinary wear and tear has been posted
and an advance payment of rent in an amount deemed appropriate by Council has
been made."
The motion to amend Ordinance No. 25602 on its first reading was seconded by
Mr. Landis and adopted. Vice-Mayor Butler and Mr. Harvey abstained from voting
because they have a vested interest in the Virginia Hunters.
Ordinance No. 25602 as above amended was adopted on its first reading
by the following vote:
AYES: Council members Bowles, Garland, Landis, Thomas and Mayor Taylor--
NAYS: None ..............................................................
(Vice-Mayor Butler and Mr. Harvey abstained from voting because they have a
vested interest in the Virginia Hunters.)
251
There bein8 no further business~ the l~yor declared the meeting adjourn-
ed aC /*:50 p,m.
APPROVED
ATTEST
City Clerk lqayor
252
REGULAR ~EEI(LY SESSION ...... ROANOKE CITY COUNCIL
June 8, 1981
7:30 p.m.
The Council of the City of Roanoke met in regular meeting in the Council Chamber
in the Famicipal Building, City of Roanoke, on Monday, June 8, 1981, at 7:30 p.m., the
resular meeting hour, ~ith Hayor Noel C. Taylor presidin$.
PRESENT: Council members Elizabeth T. Bowles, Wendell H. Butler, Robert A.
Garland, J~s G. Harvey, II, Charles L. I~ndis, N~p. ton W. Thomas and Mayor Noel C.
Taylor ..... 7.
ABSENT: None .................................................................. 0.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. Sam H. McGhee, III, Assistant
City Hanager; Mr. Hilburn C. Oibling, Jr., City Attorney; Mr. William X Parsons, Assistant
City Attorney; Hr. Joel M. Schlanger, Director of Finance; and Mrs. Hary F. Parker, City
Clerk.
The invocation was delivered by the Reverend David Ratliffe, Pastor, Williamson
Road Church of the Brethren.
The Pledge of Allegiance to the Flag of the United States of America was led by
Mayor Taylor.
DIRECTOR OF FINANCE: The Mayor advised that the City of Roanoke has been awarded
a Certificate of Conformance in Financial Reporting by the Municipal Finance Officers
Association of the United States and Canada for its comprehensive Annual Financial Report
for the fiscal year ended June 30, 1980. He further advised that the Certificate of Confor-
mance is the highest form of recognition in the area of governmental accounting and financial
reporting, and its attainment represents a significant accomplishment by the entire govern-
mental unit and its m~nagement.
Mayor Taylor presented the award to Mr. Joel M. Schlanger, Director of Finance,
amd presented a framed certificate to Mr. James D. Grisso, Deputy Director of Finance, who
was primarily responsible for the City of Roanoke earning the certificate.
PROCLZ2tATIONS: The Mayor presented a procl~mmtion declaring the week of Jume
14 - 20, 1981, as Chesapeake and Potomac Telephone Company Operator Appreciation Week in
the City of Roanoke and requested that all residents join with him in honoring those who
serve us every minute of everyday.
(For full text, see proclamation on file in the City Clerk's Office.)
BID OPENINGS:
ACTION:
ACTION:
SIDEWALK-CURB AND GUTTER-STREETS AND ALLEYS: Pursuant to notice of
advertisement for bids for miscellaneous small area street and sidewalk restoration
at various locations within the City, said proposals to be received by the City
Clerk until 4:30 p.m., on Monday, June 8, 1981, and to be opened and read before
the Council at 7:30 p.m., on that date, or as soon thereafter as possible, 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:
John A. Hall & Company, Incorporated -
Adams Construction Company -
$ 167,730.00
177,756.00
Mr. Thomas 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 Dr. Butler and unanimously adopted.
The Mayor appointed Messrs. Charles L. Landis, Chairman, Sam H. McGhee,
III, and Richard B. Burrow as members of the committee.
AIRPORT: Pursuant to notice of advertisement for bids for parking lot
improvements at Roanoke Municipal Airport, Woodrum Field, said proposals to be
received by the City Clerk until 4:30 p.m., on Monday, June 8, 1981, and to be
opened and read before Council at 7:30 p.m., on that date, or as soon thereafter
as possible, 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:
J & H Grading Company, Incorporated -
John A. Hall & Company, Incorporated -
L. H. Sawyer Paving Company,
Incorporated -
S. R. Draper Paving Company, Incorporated -
Virginia Asphalt Paving Company,
Incorporated -
Adams Construction Company -
H. T. Bowling, Incorporated -
Wiley N. Jackson Company -
$ 579,215.80
593,566.00
593,811.70
598,893.45
611,082.70
617,844.70
630,753.75
687,565.80
ACT ION:
ACTION:
ACTION:
ACTION:
ACTION:
Mr. Thomas moved that the bids be referred to a co~-tttee to be appointe,
by the Mayor for tabulation, report and recommendation to Council. The motion
was seconded by Dr. Butler and unanimotmly adopted.
The Mayor appointed Messrs. Charles L. Landis, Chairman, Sam H. McGhee,
III and R. C. Poole as ~ambers of the committee.
PUBLIC HEARINGS:
ZONING: Pursuant to Resolution No. 25523, the City Clerk set a public
hearing for Monday, June 8, 1981, at 7:30 p.m., or as soon thereafter as the
matter could be heard, on the request of C & L Investments that a tract of land
containing 2.486 acres, located on the westerly side of Garden City Boulevard, at
or near the intersection of Crown Point Road, $. E., described as Official Tax
No. 4190704, be rezoned from C-2, General Commercial District, to RG-2, General
Residential 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 and World News on Friday, May 22, 1981 and Friday, May 29, 1981.
(See affidavit on file in the City Clerk's Office.)
A report of the City Planning Co~tssion recommending that the request
be granted, subject to certain conditions proffered by the petitioner, was before
Council.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler moved that the Ordinance rezoning the property be placed
upon its first reading. The motion was seconded by Mr. Harvey.
In view of the fact that there were a number of persons who would like
to address the Council in regard to this public hearing as well as other public
hearings included on the agenda, Mr. Thomas moved that the proponents be given
ten minutes each in which to make their presentations and that the opponents be
given ten minutes each in which to make their presentations regarding this public
hearing as well as the other two public hearings included on the agenda. The
motion was seconded by Mr. Landis and unanimously adopted.
Mr. Edward A. Natt, Attorney, representing the proponents, appeared
before Council in support of the request of his client, and reviewed the request
for rezoning, noting that the proposal is to build 30 condominium homes. He
presented a petition signed by 24 residents and/or property owners of the Garden
City area indicating their consent to the proposed rezoning.
(For full text, see petition on file in the City Clerk's Office,)
Mr. Thomas N. Key, Attorney, representing the opponents, appeared
before Council and presented a petition signed by 483 citizens of the Garden City
area opposing the rezoning.
(For full text, see petition on file in the City Clerk's Office.)
Mr. Key advised that his clients object to the rezoning primarily
because there are no recreation facilities provided, no sidewalks, increased
traffic, water pressure, drainage problems and the character of the neighborhood
will be changed.
Following considerable discussion of the request, Mr. Harvey offered a
substitute motion that the matter be referred back to the City Planning Co~mission
for further consideration and that a report be submitted to the Council at its
regular meeting on Monday, July 13, 1981, at 7:30 p.m. The motion was seconded
by Mr. Landis and unanimously adopted.
Interested persons were advised that the City Planning Commission will
meet on Wednesday, July 1, 1981, at 1:30 p.m., in the City Council Chamber.
At 8:50 p.m., the Mayor declared the meeting recessed.
At 8:55 p.m., the meeting reconvened in the Council Chamber with Mayor
Taylor presiding, and all members of Council present.
ZONING: Pursuant to Resolution No. 25523, the City Clerk set a public
hearing for Monday, June 8, 1981, at 7:30 p.m., or as soon thereafter as the
matter could be heard, on the request of Mr. Alton B. Prillaman, Attorney, repre-
senting Tredon, a Virginia general partnership, that three tracts of land located
on the southerly side of Roberts Road, S. W., containing 1.058 acres, known as
Official Tax No. 1290124, and 2.92 acres, known as a portion of Official Tax No.
1290i08, be rezoned from RS-3, Single-Family Residential District, and 0.73 acre,
known as a portion of Official Tax No. 1290108, be rezoned from C-2, General
Commercial District, to RG-2, General Residential 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 amd World News on Friday, May 22, 1981, and Friday, May 29, 1981.
(See affidavit on file in the City Clerk's Office.)
2.53
254
ACTION:
ACTION:
ACTION:
A report of the City Planming Co-mission reco~w~nding that the request
be granted, subject to certain conditions proffered by the petitioner, was before
Council.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler moved that the following Ordinance be placed upon its first
reading:
(#25603) A~ ORDINAItCE to amend Sections 36-3 and 36-4, Code of the
City of Roanoke (1979), as amended, and Sheet No. 129, Sectional 1976 Zone Map,
City of Roanoke, in relation to Zoning, subject to certain conditions.
The motion was seconded by Mr. Harvey.
Mr. Alton B. Prlllam~n, Attorney, representing the petitioner,
appeared before Council in support of the request of his client.
No one appearing in opposition to the request for rezoning, Ordinance
No. 25603, on its first reading, was adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................... 7.
NAYS: None .......................................................... 0.
BUDGET-TAXES: Pursuant to Resolution No. 25574 adopted by the Council
on Monday, May 11, 1981, a public hearing was set for Monday, June 8, 1981,
at 7:30 p.m., or as soon thereafter as the matter may be heard, on the proposal
of an increase in the transient occupancy tax imposed and levied on and after
July 1, 1981, from one per cent of the total amount paid for room rental to four
per cent, the matter was before the body.
Legal advertisement of the public hearing was published in the Roanoke
Times & World News on Monday, May 18, 1981.
(See affidavit on file in the City Clerk's Office.)
Dr. Butler moved that the following Ordinance be placed upon its first
reading:
(#25604) AN ORDINANCE amendin8 and reordaining Section 32-240, Levied;
rate, of the Code of the City of Roanoke (1979), as amended, to increase the
transient occupancy tax rate, and providing for an effective date of this
ordinance.
The motion was seconded by Mr. Garland.
The following persons appeared before Council and spoke in opposition
to the proposed increase in the transient occupancy tax:
Mr. Bevin Alexander, Executive Vice President of the Virginia
Hotel amd Motel Association
Mr. Thomas Martin, representing Martin Travel Agency
Mr. Ralph Canon, Route 3, Box 510, Troutville, Virginia,
a traveling salesmmn
Mr. John Poff, Senior Vice President of American Motor Inns
Mr. Craig Sutherdean, representing the Roanoke Valley Motel
Association.
Petitions signed by 172 employees in the lodging industry who reside in
the City of Roanoke in opposition to the proposed increase, were before Council.
(For full text, see petitions on file in the City Clerk's Office.)
Mr. Ernest E. Binder, 503 Wingfield Avenue, N. E., appeared before
Council and spoke in support of the proposed increase.
Following discussion and explanation of the proposed increase, Ordinance
No. 25604 was adopted on its first reading by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor .............................................................. 7.
NAYS: None ......................................................... 0.
MASSAGE PARLORS: Scheduled at a later point on the agenda is a report
of the City Attorney recommending certain amendments to the massage parlor regula-
tions set forth in the City Code; whereupon, Mr. Thomas moved that the report be
considered at this point in the meeting. The motion was seconded by Mr. Garland
and unanimously adopted.
A report of the City Attorney advising that regulation of massage
parlors within the City has been a matter of long-standing concern to the Council,
noting that existing massage parlors continue to be a matter of concern, and
ACTION:
ACTION:
that such establishments are considered by most of our citizens to be prejudicial
to the health, safety and welfare and quality of life of our co~,nity; therefore
he has once again reviewed the massage parlor regulations set forth in the City
Code in an effort to devise a tighter regulatory scheme and rec~ding certain
amendments to the Council.
The report further advised that in case Council might be desirous
of adopting an Ordinance providing for a special license tax on message parlors,
a draft of Ordinance has been prepared which would require, on and after January
1, 1982, that persons doing business as a message parlor pay an annual license
tax of $5,000.00 per year, which tax would not be proratable or transferable, end
if Council would like to pursue the special license tax for message parlor estab-
lishments, the State Code requires advertisement end a public hearing as in the
case of any other tax increase.
(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:
(#25605) AN ORDINANCE to amend and reordain Sections 21-135, 21-136,
21-139, 21-158, 21-175, 21-176 and 21-191 of Article V, Massale Parlors, of
Chapter 21, Offenses - Miscellaneous, of the Code of the City of R~anoke (1979),
as amended, and to amend and reordain the same Article and Chapter by the additiom
of new sections numbered 21-145 and 21-146, the amended and added sections relat-
ing to definition of massage parlor, penalty for violation of Article V, lighting
for massage parlors, inspection of premises, procedures in issuance of technician'
permit, display of technician's permit and technician's health card, register of
patrons and prohibition against minors on premises.
The motion was seconded by Mr. Landis.
Mr. Leroy Moran, Attorney, representing a local massage parlor, appeared
before Council and advised that a recent newspaper article indicates that the
Commonwealth's Attorney's Office was not consulted in regard to the proposed
regulations and suggested that action on the Ordinance be deferred until the
City Attorney, the Commonwealth's Attorney and attorneys representing the massage
parlors have had an opportunity to review the proposed Ordinance. He referred to
constitutional questions regarding the regulations.
Mr. Charles R. Minter, representing the Williamson Road Action Forum,
appeared before Council in support of the proposed Ordinance.
Mr. Sydnor W. Brizendine, Jr., President of the Williamson Road Area
Business Association, appeared before Council in support of the proposed Ordinance
Ordinance No. 25605, on its first reading, was then adopted by the
following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ..................................................................
NAYS: None .............................................................
Mr. Garland moved that Council hold a public hearing on Monday, July
13, 1981, at 7:30 p.m., or as soon thereafter as the matter may be heard, in the
Council Chamber, to consider an annual license tax of $5,000.00 per year for
persons doing business as a massage parlor, on and after January 1, 1982. The
motion was seconded by Mrs. Bowles and unanimously adopted.
At 10:10 p.m., the Mayor declared the meeting recessed.
At 10:20 p.m., the meeting reconvened in the Council Chamber with Mayor
Taylor presiding, and all members of Council present.
CONSENT AGENDA:
ACTION:
The Mayor advised that all matters listed on the Consent Agenda were
considered to be routine by the City Council and would be enacted by one motion
in the forms listed on the agenda and if discussion was desired that item would
be removed from the Consent Agenda and considered separately. He noted that
included on the Consent Agenda were requests to discuss personnel matters and
terms and conditions of a proposed contract in Executive Session.
MINUTES: Minutes of the regular meetings of Council held on Monday,
May 11, 1981, and Tuesday, May 26, 1981, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mrs. Bowles moved that Council dispense with the reading of the minutes
and that the minutes be approved as recorded. The motion was seconded by Dr.
Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, and
Mayor Taylor ................................................................... 6.
NAYS: None .......................................................... O.
(Mr. Thomas was out of the Council Chamber.)
255
256
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
CELEBRATIONS-C0~ITT~.~.S: A com~mmication from Mr. William K. Craft
tendering his resignation as a ~ember of the Roanoke Centennial Coam~ittee, was
before Council.
(For full text, see co~unication on file in the City Clerk's Office.)
Mrs. Bowles moved that the resignation be accepted with regret and that
the co~,~nication be received and filed. The motion was seconded by Dr. Butler
and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, and
Mayor Taylor ................................................................. 6.
NAYS: None ......................................................... 0.
(Mr. ~lomas was out of the Council Chamber.)
COUNCIL: A report of the City Manager requesting an Executive Session
to discuss a personnel matter, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the request. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, and
Mayor Taylor ............................................................... 6.
NAYS: None ......................................................... 0.
(Mr. Thomas was out of the Council Chamber.)
PENSIONS: A report of the Board of Trustees, Employees' Retirement
System, transmitting an actuarial report of the System for the year ended Jane
30, 1981, 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 Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, and
Mayor Taylor ................................................................... 6.
NAYS: None .......................................................... 0.
(Mr. Thomas was out of the Council Chamber.)
SCHOOLS: A report of the Director of Finance transmitting financial
statements for the Roanoke City School Board for the ten months ended April 30,
1981, 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 Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, and
Mayor Taylor ................................................................. 6.
NAYS: None ........................................................ 0.
(Mr. Thomas was out of the Council Chamber.)
PENDING ITEMS: A list of items pending from February 7, 1977, through
May 26, 1981, was before Council.
(For full text, see list on file in the City Clerk's Office.)
Mrs. Bowles moved that the list be received and filed. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, and
Mayor Taylor .................................................................. 6.
NAYS: None ........................................................ 0.
(Mr. Thomas was out of the Council Chamber.)
COUNCIL: A communication from the Mayor requesting an Executive Session
to discuss personnel matters, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the request. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, and
Mayor Taylor ................................................................... 6.
NAYS: None .......................................................... 0.
(Mr. Thomas was out of the Council Chamber.)
257
ACTION:
COUNCIL: A report of the City Manager requesting an Executive Session
to discuss the terms and conditions of a proposed contract, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved chat Council concur in the request. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, and
Mayor Taylor ................................................................. 6.
NAYS: None ......................................................... 0.
(Mr. Thomas was out of the Council Chamber.)
REGULAR AGENDA:
ACTION:
ACT ION:
ACTION:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
COUNCIL: A co~nunication from the Mayor in regard to changing the
alphabetical order of voting for Council members, effective July 1, 1981, advising
that a better procedure would exist if Council were to start the roll call with a
different member of Council each week, beginning the first week with Mrs. Bowles
and the following week moving to the next person in alphabetical order and
lng until each member has shared the responsibility of casting the first vote,
and that the Mayor continue to vote last or remain in the position of tie-breaker
in the event that such a vote should occur, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Garland moved that Council concur in the recommendation. The
motion was seconded by Dr. Butler and unanimously adopted.
ACTS OF ACKNOWLEDGEMENT: A conmmmication from Mr. Charles R. Allen,
Jr., Adjutant, Roanoke Valley Detachment of the Marine Corps League, requesting
that Council adopt a Resolution of support for the Virginia Department of the
Marine Corps League which will be holding its annual convention in Roanoke on
June 13 - 15, 1981, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(#25606) A RESOLUTION proclaiming support for the Virginia Department
of the Marine Corps League.
(For full text of Resolution, see Resolution Book No. 46, page 475.)
Mrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................... 7.
NAYS: None ......................................................... O.
BUDGET-SCHOOLS: A communication from the Roanoke City School Board
requesting appropriations of $10,318.00 for the Refugee Children Program for
1981-82, and $1,750.00 for a Composer-in-Residence in connection with the Roanoke
Centennial celebration, was before Council.
(For full text, see co~unication on file in the City Clerk's Office.)
A report of the Director of Finance recommending that Council concur
in the request, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#25607) AN ORDINANCE to amend and reordain certain sections of the
1980-81 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 475.)
Mr. Landis moved the adoption of the Ordinance. The motion was seconded
by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................... 7.
NAYS: None .......................................................... O.
'258
ACTION:
ACTION:
ACTION:
ACTION:
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
SWII~ING POOLS: Coumcil at its meeting on Tuesday, May 26, 1981,
having referred to the City Manager for study, report and recommendation, a
request of Mrs. Leers W. Sink, representing the Roanoke Valley Aquatic Association
to use Fallon Park swinging pool for practice and a state swimming meet, the
matter was before the body.
In this connection, a co~-~unication from Mrs. Sink withdrawing her
request for the s,-,,~r of 1981, noting that the City A~ministrative staff has
shown a willingness to work toward a possible solution for the 1982 suam~er swim
season, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Garland moved that the communication be received and filed. The
motion was seconded by Mr. Harvey and unanimously adopted.
BUDGET: Council at its Financial and Planning Session on Monday, May
18, 1981, having requested a written response from the City Manager pertaining to
questions raised and comments made by citizens regarding the 1981-82 City budget,
the City Manager submitted a written report in response to said questions.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis moved that the report be received and filed. The motion was
seconded by Mrs. Bowles and unanimously adopted.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-CLERK OF THE CIRCUIT COURT-MICROFILM: The City Manager submitted
a written report recommending that $9,000.00 be transferred from the Contingency
Reserve Account for the purchase of a silver microfilm duplicator and related
supplies for the Clerk of the Circuit Court's Office.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler offered the following emergency Ordinance:
(#25608) AN ORDINANCE to amend and reordain certain sections of the
1980-81 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 476.)
Dr. Butler moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................... 7.
NAYS: None ........................................................ 0.
BUDGET-CITY EMPLOYEES-SHERIFF: The City Manager submitted a written
report concerning application of City personnel policies and benefit programs to
the Constitutional Officers, reco~nding that Council transfer funds to permit
the Sheriff's officers and employees to participate in the City's pay and classifi.
cation plan as follows: Pay Plan implementation - $57,572.00 to place employees
in appropriate pay steps, and Retirement System Contributions - $67,428.00
for City to pay employees' share of Virginia Supplemental Retirement system
contributions, for a total of $125,000.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#25609) AN ORDINANCE to ar~ud and reordain certain sections of the
1981-82 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 476.)
Mr. Landis moved the adoption of the Ordinance. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................ 7.
NAYS: None ........................................................ O.
EASEMENTS-SEWERS AND STORM DRAINS: The City Manager submitted a written
report recommending execution of a Deed of Release regarding certain reconstructio~
easements across property of Allen S. & Janet J. Buckner at 1724 Westchester
Avenue, S. W.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
ACTION:
ACTION:
ACTION:
Mr. Garland ~oved that the following Ordinance be placed upon its first
reading:
(#25610) Itl ORDINANCE authorizing the appropriate City officials to
execute a quitclaim deed releasing the City's rights in temporary construction
easements over property of Alan S. Buckner and Janet J. Buckner.
The motion was seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council members Bowles, Butler, Garland, Harvey, !~ndis, Thomas
and Mayor Taylor ............................................................ 7.
NAYS: None ........................................................ O.
BUDGET-GRA~TS-BUSES-INTEILMODAL TRANSPORTATION TERMINAL: The City
Manager submitted a written report recommending that $498,104.00 in Virginia
Department of Highways and Transportation funds and $6,216.00 in local funds be
appropriated to Greater Roanoke Transit Company for the Intermodal Transportation
Terminal.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler offered the following emergency Ordinance:
(#25611) AN ORDINANCE to amend and reordain certain sections of the
1980-81 Capital Projects Fund Appropriation, amd providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 477.)
Dr. Butler moved the adoption of the Ordinance, The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ....................................................... 7.
NAYS: None ......................................................... O.
BUDGET-ANIMALS: The City Manager submitted a written report recommend-
ing that the contract with the Roanoke Valley Society for the Prevention of
Cruelty to Animals be amended to provide for payment by the City of $1,700.00
monthly or $20,400.00 annually.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency Ordinance:
(#25612) AN ORDINANCE authorizing and providing for an amendment to an
agreement dated May 25, 1979, between the City of Roanoke and the Roanoke Valley
Society for the Prevention of Cruelty to An~mmls, in order to increase the consid-
eration paid by the City to the Society; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 477.)
Mr. Harvey moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ................................................................ 7.
NAYS: None .......................................................... O.
CITY ATTORNEY:
HOLIDAYS-CITY EMPLOYEES: The City Attorney submitted a written report
transmitting an Ordinance to amend the City Code to provide that whenever any
City holiday falls on Saturday, the Friday next preceding shall be celebrated as
a holiday by City employees, in addition to observing holidays that fall on
Sunday on the Monday next following.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#25613) AN ORDINANCE amending and reordaining subsection (b) of Sectiol
2-37, Office hours, work weeks and holidays, of the Code of the City of Roanoke
(1979), as amended, so as to provide that, whenever a City holiday falls on a
Saturday, the Friday next preceding shall be celebrated as a holiday by City
employees; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 478.)
Mr. Garland moved the adoption of the Ordinance. The motion was secondec
by Mr. Landis and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor .............................................................. 7.
NAYS: None ......................................................... O.
259
260
ACTION:
ACTION:
ACTION:
ACTION:
DIRECTOR OF PEAL EgTATE VALUATION:
BUDGET-DIRECTOR OF RFAL ESTATE VALUATION: The Director of Real Estate
Valuation submitted a written report recommending the acquisition of a new apprai-
sal system known as CARAT from ECCO Consulting, Incorporated, in consideration of
a base sem not to exceed $60,000.00 without further authorization of Council, and
that funds be transferred therefor.
(For full text, see report on file in the City Clerk's Office.)
Mr. M. L. Meier, 2833 Longview Avenue, S. W., appeared before Council
and raised questions in regard to the proposed system.
Mr. Landis offered the following emergency Ordinance:
(#25614) AN ORDINANCE to amend and reordain certain sections of the
1980-81 General Fund and Capital Projects Fund Appropriations, and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 478.)
Mr. Landis moved the adoption of the Ordinance. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................... 7.
NAYS: None ......................................................... 0.
Mr. Landis offered the following emergency Ordinance:
(#25615) AN ORDINANCE authorizing installation and use of a certain
computer programming system for the City's Office of Real Estate Valuation rela'
to real estate valuation in the City, and authorizing the City Manager to enter
into contract with ECCO Consulting, Inc. to provide said services; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 479.)
Mr. Landis moved the adoption of the Ordinance. The motion was seconded
by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................. 7.
NAYS: None ....................................................... 0.
Mr. Thomas suggested that the Director of Real Estate Valuation conduct
a public hearing whereby citizens may be briefed on the CARAT appraisal system.
In this connection, a report of the City Manager concurring in the
recommendation of the Director of Real Estate Valuation, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that the report be received and filed. The motion
was seconded by Mr. Landis and unanimously adopted.
REPORTS OF COMMITTEES:
WATER DEPARTMENT-CITY PROPERTY: Mr. Thomas, Chairman of the Water
Resources Committee, submitted a written report of the Cormnittee, recommending
acquisition of a 189.3 acre parcel of land to be added to the Carvins Cove Water-
shed property, for the sum of $85,000.00, from Mr. Mason H. Littreal, said
property lying in Roanoke County, Virginia, on the Bennett Springs Access Road,
Route 760.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas offered the following emergency Ordinance:
(#25616) AN ORDINANCE providing for the City's acquisition of 189.3
acres of land lying in Roanoke County, Virginia in the Carvins Cove watershed;
and providing for an e~rgency.
(For full text of Ordinance, see Ordinance Book No. 46, page 479.)
Mr. Thomas moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland end adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................ 7.
NAYS: None ....................................................... 0.
261
ACTION:
ACTION:
ACTION:
HOUSING: A report of the Housing Task Force reco~smending that Council
adopt a real estate tax exemption for rehabilitated property, advising that
effect on real estate taxes would be marginal as exemption would only apply to
value added due to rehabilitation on a fixed annual ~unt basis for five years
and after the five years, the property would be taxed at its enhanced valuation;
rehabilitation of structures would be encouraged by removal of the real estate
tax for five years on the valu~ added to the structure due to rehabilitation; end
neighborhood stability would be assisted through encouraging structures to be
rehabilitated, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis moved that the following Ordinance be placed upon its first
reading:
(#25617) AN ORDINANCE to amend and reordain Article II, Real Estate
Taxes Generally, of Chapter 32, Taxation, Code of the City of Roanoke (1979),
as amended, by the addition of a new Division 5 consisting of sections numbered
32-93 through 32-101, the new Division relating to exemption of certain rehabili-
tated real property from real estate taxation, authorizing the Commissioner of
Revenue to issue rules and regulations establishing eligibility criteria, stating
the amount of the exemption, providing for an application, effect of exemptions
on land book, non-eligibility of demolition, and providing pemaltiss for false
statements.
The motion was seconded by Mr. Harvey and adopted by the following
vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor .............................................................. 7.
NAYS: None ........................................................ O.
BUDGET-CITIZENS' SERVICES COMMITTEE: A report of the Citizens' Services
Committee transmitting recommendations for f~tnding of qualified agencies, and
recommending that $6,000.00 be transferred for payment of performance audits, was
before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harold P. Kyle, a member of the Committee, appeared before Council
and presented the report. Mr. Kyie requested that Council consider providing some
type of personal liability insurance for members of the committee.
Mr. Garland offered the following emergency Ordinance transferring
$6,000.00 from Citizens' Services Committee to Fees for Professional Services,
Director of Human Resources, of the 1981-82 budget, to provide funds for per-
formance audits of each agency receiving funds through the committee:
(#25618) AN ORDINANCE to ~mend and reordain certain sections of the
1981-82 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 480.)
Mr. Garland moved the adoption of the Ordinance. The motion was
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
amd Mayor Taylor ................................................................ 7.
NAYS: None ........................................................... 0.
Pursuant to Ordinance No. 24595, the second regular meeting of Council
each month shall co~maence at 7:30 p.m., and shall be automatically adjourned at
11:00 p.m., unless a motion setting a new time for adjournment is made; whereupon,
Mr. Thomas moved that the Council meeting be continued until 11:30 p.m. The
motion was seconded by Mr. Garland and unanimously adopted.
AIRPORT: Mr. Jack C. Smith, Chairman of the Airport Advisory Commission,
appeared before Council and presented a written report of the Commission, recom-
mending an amendment to the Airport Use Agreement with Piedmont Aviation, Incor-
porated, to provide for a three year term agreement from April 1, 1981, and to
revise landing fee and terminal and other space rental rates as follows:
Activity (Landing) fee $0.245 ~r thousand pounds for
first 1,148,820 thousand
pound units per year. If
for any contract year the
total annual landed weight
is five or more percent less
than 1,148,820 thousand pound
units, this fee for the suc-
ceeding contract year will
be increased by an equal per-
centage. If for any year, the
total landed weight is five
or more percent more than
1~189,854 thousand pound
units, the fee for the suc-
ceeding contract year will
be reduced by an equal per-
centage;
,262
ACTION:
ACTION:
ACTION:
ACTION:
"Old" Terminal Space
$7.27 per sq. ft. per ann,-.;
"New" Term~mal Space
$8.82 per sq. ft. per .nnum;
Basement Space
$3.30 per sq. ft. per annum;
Baggage Claim Space
$8.34 per sq. ft. per annum;
Departure Room Space
$8.75 per sq. ft. per annum;
P. A./Interphone
$21.00 per unit per month.
(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:
(#25619) AN ORDINANCE amending the Airport Use Agreement dated
April 1, 1978, as amended, between the City and Piedmont Aviation, Incorpora-
ted, to extend this agreement for an additional three-year term amd to revise
certain rates and rentals called for therein.
(For full text of Ordinance, see Ordinance Book No. 46, page
The motion was seconded by Mr. Harvey and adopted by the following
vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ..................................................... 7.
NAYS: None ....................................................... 0.
AIRPORT: Mr. Jack C. Smith, Chairm~n of the Airport Advisory Commission
appeared before Council and presented a report of the Co--mission reco----uding a
proposed increase in rents and fees at Roanoke Municipal Airport, Woodrum Field,
which would be approximately a 20 per cent increase in rentals and fees as detaile~
in Exhibit II, effective July 1, 1981.
(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:
(#25620) AN ORDINANCE revising rents and fees for use of Roanoke
Municipal Airport, Woodrum Field, and establishing an effective date therefor.
(For full text of Ordinance, see Ordinance Book No.
The motion was seconded by Mr. Landis and adopted by the following
vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor .............................................................. 7.
NAYS: None .......................................................... O.
AIKPORT: Mr. Jack C. Smith, Chairman of the Airport Advisory Commission
appeared before Council and presented a written report of the Commission relative
to the status of the Federal Airport Grant Program (ADAP).
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis moved that the report be received and filed. The motion was
seconded by Mr. Thomas.
Mr. Thomas offered a substitute motion that a Task Force be appointed
composed of Mayor Noel C. Taylor as Chairman, Councilman James G. Harvey, II, and
such other persons as the Mayor so designates; however, Mr. Thomas suggested that
the Mayor consider appointing the City Manager, the Chairmmn of the Airport
Advisory Commission, and Mr. Art Whittaker, Station Manager, Piedmont Airlines to
the Task Force, and that the Task Force submit monthly reports to Council and to
the public in regard to the airport runway situation. The motion was seconded by
Dr. Butler and unanimously adopted.
AIRPORT: Mr. Jack C. Smith, Chairman of the Airport Advisory Commission
appeared before Council and presented a written report of the Co~ission recom~endl
lng authorization to execute License No. DTFA05-81-L-60330 with the Federal
Aviation Administration for the installment and maintenance of a Low Level Wind
Shear Alert System at Roanoke Municipal Airport, Woodrum Field.
(For full text, see report on file in the City Clerk's Office.)
ACTION: Mr. Harvey moved that the following Ordinance be placed upon its first
reading:
263
ACTION:
ACTION:
ACTION:
(#25621) AN ORDINANCE authorizing the City Manager to execute a license
with the United States of America for the installation and maintenance of a Low
Level Wind Shear Alert System at Roanoke Municipal Airport, Woodrum Field.
(For full text of Ordinance, see O~dimance Book No. 46, page
The motion was seconded by Mr. Landis and adopted by the following
vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ..................................................... 7.
NAYS: None ...................................................... 0.
AIRPORT: Mr. Jack C. Smith, Chair-~n of the A/rport Advisory Commission
appeared before Council and presented a written report of the Com~ission recommend
authorization to execute a new five-year lease agreement for Circle "T" Mobile
Home Community, operated by T. Edward Taylor, Sr. and Shirley F. Taylor, upon
certain terms and conditions.
(For full text, see report on file in the City Clerk's Office.)
Hr. Thomas moved that the following Ordinance be placed upon its first
reading:
(#25622) AN ORDINANCE providing for the lease of a certain 3.63 acre
parcel of land at Roanoke Municipal Airport, Woodrum Field, to Mr. T. Edward
Taylor, Sr., and Mrs. Shirley F. Taylor, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 46, page
The motion was seconded by Mr. Landis and adopted by the following
vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................ 7.
NAYS: None ...................................................... 0.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
LAW LIBRARY-CIRCUIT COURT-GElqERAL DISTRICT COURT: Ordinance No. 25590
raising the filing fee levied by courts of record and courts not of record for
support of the Law Library from $1.00 to $2.00, having previously been before the
Council for its first reading on Tuesday, May 26, 1981, read and adopted on its
first reading and laid over, was again before the body, Mr. Landis offering the
following for its second reading and final adoption:
(#25590) AN ORDINANCE amending and reordaining subsection (a) of
18-30, Assessment of Additional Court Costs for Support, Code of the City of
Roanoke (1979), as amended, to raise the filing fee levied by courts of record
and courts not of record for support of the Law Library from $1.00 to $2.00; and
providing for an effective date.
(For full text of Ordinance, see Ordinance Book No. 46, page 471.)
Mr. Landis moved the adoption of the Ordinance. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor .............................................................. 7.
NAYS: None ........................................................ 0.
SALE OF PROPERTY-CITY PROPERTY-ROANOKE HOSPITAL ASSOCIATION: Ordinance
No. 25594 modifying Ordinance No. 12823 to amend the City's lease with Roanoke
Hospital Association of a parcel of land on Jefferson Street, used as the hospital
front parking lot, in order to allow the hospital to place certain restrictions
on the use of the parking lot, having previously been before the Council for its
first reading on Tuesday, May 26, 1981, 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:
(#25594) AN ORDINANCE modifying Ordinance No. 12823, adopted September
4, 1956, to amend the City's lease with Roanoke Hospital Association of a parcel
of land on Jefferson Street, used as the hospital's front parking lot, in order
to allow the hospital to place certain restrictions on the use of the parking
lot.
(For full text of Ordinance, see Ordinance Book No. 46, page 472.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Harvey, Landis and Thomas ..... 5.
NAYS: Council member Garland ........................................ 1.
(Mayor Taylor abstained from voting because he serves on the Board of Directors
of Roanoke Memorial Hospitals.)
264
ACTION:
ACTION:
ACTION:
8,~LE OF PROPERTY-CITY PROPERTY-ROAnOKE I~RIAL HOSPIT~S-WATER
DEP~T: Ordf~ce ~. 25595 providing fo~ the sale ~d c~vey~ce to
~o~ ~sp~tal ~soc~acion of t~ parcels of l~d st~e at the intersection
of Weller ~ne ~d ~ke Street, ~d 1.9 acres located at the southe~ ~e~inus of
~ke Street, having previously be~ before the Co~cil for its first reading ~
Tuesday, ~y 26, 1981, re~ ~d adopted ~ its first reading ~d laid over, was
again before the body, ~. ~ offering the follo~ng for its second re~g
and final adoption:
(#25595) AN ORDINANCE providing for the sale and conveyance to Roanoke
Hospital Association of two parcels of land situate in this City, the first
located at the intersection of Weller Lane and Lake Street and the second being
1.9 acres located at the southern terminus of Lake Street.
(For full text of Ordinance, see Ordinance Book No. 46, page 472.)
Mr. Thomas moved the adoption of the Ordinance, The motion was seconded
by Hrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, and
Thomas ................................................................... 6.
NAYS: None .................................................... O.
(Mayor Taylor abstained from voting because he serves on the Board of Directors
of Roanoke Memorial Hospitals.)
ACTS OF ACKNOWLEDGEMENT-PARKS AND PLAYGROUNDS: Ordinance No. 25597
providing the name for the City's new park adjacent to the Strauss Building at
the corner of Colonial and Brandon Avenues in the City of Roanoke as "John W.
Harkrader Park", having previously been before the Council for its first reading
on Tuesday, May 26, 1981, 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:
(#25597) AN ORDINANCE providing the ns~ for the City's new park
adjacent to the Strauss Building at the corner of Colonial and Brandon Avenues in
the City.
(For full text of Ordinance, see Ordinance Book No. 46, page 473.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ........................................................... 7.
NAYS: None ....................................................... O.
ACTS OF ACKNOWLEDGEMENT-PARKS AND PLAYGROUNDS-BLUE CROSS/BLUE SHIELD:
Ordinance No. 25598 providing the name for the City's new plaza adjacent to the
Blue Cross/Blue Shield of Southwestern Virginia Building on the southeast corner
of Jefferson Street and Franklin Road in the City as "Key Plaza", having previous-
ly been before the Council for its first reading on Tuesday, May 26, 1981, 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:
(#25598) AN ORDINANCE providing the name for the City's new plaza
adjacent to the Blue Cross/Blue Shield of Southwestern Virginia Building on the
southeast corner of Jefferson Street and Franklin Road in the City.
(For full text of Ordinance, see Ordinance Book No. 46, page 474°)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
by Mr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ................................................... 7.
NAYS: None ....................................................... O.
STADIUM-FOOTBALL: Ordinance No. 25602 authorizing the City Manager to
enter into a lease agreement between the City and the Virginia Hunters for the
use of certain locker room facilities on the west side of Victory Stadium from
May 27, 1981, to August 22, 1981, for a weekly rental fee of $141.70, upon certain
terms and conditions, having previously been before the Council for its first
reading on Tuesday, May 26, 1981, read and adopted on its first reading and laid
over, was again before the body, Mr. Thomas offering the following for its second
reading and final adoption:
(#25602) AN ORDINANCE authorizing the City Manager to enter into
a lease agreement between the City and the Virginia Hunters for the use of certain
locker room facilities on the west side of Victory Stadium from May 27, 1981 to
August 22, 1981, for a weekly rental fee of $141.70, and upon certain other terms
and conditions.
(For full text of Ordinance, see Ordinance Book No. 46, page 474.)
ATTEST:
Hr. Thomas moved ~he adop£~on of ~he Ordinance. The mo~onwas seconded
by Hr. Landis and adopted by ~he fo~ow~ng vo~e:
AYES: CouncilmembersBo~les, Garland, Landis, Thomas and Hayor
Taylor ..................................................................... 5.
NAYS: None ........................................................ O.
(Council members Butler and Harvey abstained from voting because they have a
ves£ed interest in the Virginia Hunters.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE HAYORANDMEHBERS OF COUNCIL: NONE.
OTHER HEA~ING$ OF CITIZENS UPON PUELICMATTERS: NONE.
At 11:15 p.m., the ~yor declared the meeting recessed.
At 12:00 mtdni§ht, the meeting reconvened in the Council Chamber with Hayor
Taylor presiding, and all members of Council present.
There beth§ no further business, the Hayor declared the meeting adjourned
at 12:00 midnight.
APPROVED
City Clerk Mayor
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
June 22, 1981
2:00 p,m.
The Council of the City of ~anoke met in regular ~eetinE in the Council Chamber in the
Municipal Building, City of Roanoke, on Honday, June 22, 1981, at 2:00 p.m., the regular meeting
hour, with Hayor Noel C. Taylor presiding.
PRESENT: Council me, ers Elizabeth T. Bowles, Wendell H. Butler, Robert A. Garland,
James G. Harvey, II, Hampton W. Thomas (arrived at 2:10 p,m.), and Mayor Noel C. Taylor ........... 6.
ABSENT: Council member Charles L. Landis ............................................... 1.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. Wilburn C. Dibling, Jr., City
Attorney; Mr. Joel M. Schlanger, Director of Finance; and Mrs. Mary F. Parker, City Clerk.
The invocation was delivered by Mayor Noel C. Taylor.
The Pledge of Allegiance to the Flag of the United States of America was led by Mayor
Taylor.
BID OPENINGS:
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
SIDEWALK, CURB AND GUTTER: Pursuant to notice of advertisement for bids for
new curb and gutter, sidewalk and entrances on various streets within the Hurt Park,
Mountain View and Harrison sections of the City, said proposals to be received by the
City Clerk until 1:30 p.m., on Monday, June 22, 1981, and to be opened and read before
the Council at 2:00 p.m., or as soon thereafter as the matter could be heard, on that
date, 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:
L. H. Sawyer Paving Company, Incorporated -
H & S Construction Company -
S. R. Draper Pavin~ Company, Incorporated -
147,771.25
158,410.25
159,767.70
Dr. Butler moved that the bids be referred to a committee to be appointed by
the Mayor for tabulation, report and reco~endation to Council. The motion was seconded
by Mr. Garland and adopted.
The Mayor appointed Messrs. Hampton W. ~homas, Chairman, Thomas F. Brady and
Kit B. Kiser as members of the committee.
DCWNTOWN ROAnOkE (CENTURY PROJECT): Pursuant to notice of advertisement for
bids for planting and related construction of Franklin Road trees, said proposals to be
received by the City Clerk until 1:30 p.m., on Monday, June 22, 1981, and to be opened
and read before Council at 2:00 p.m., or as soon thereafter as the matter could be
heard, on that date, 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:
Name Item #8 Item #9 Item #10
Boxley Construction Company
J & H Grading Company
H. A. Lutes & Sons, Inc.
$ 53,946.12
56,800.00
67,388.00
$ 54,177.12
57,304.00
67,724.00
$ 54,131.20
56,520.00
67,752.00
Dr. Butler moved that the bids be referred to a co~ittee to be appointed by
the Mayor for tabulation, report and reco~nendation to Council. The motion was seconded
by Mr. Garland and adopted.
The Mayor appointed Messrs. ~mpton W. Thomas, Chairman, Tho~s F. Brady, and
Kit B. Kiser as members of the committee.
WATER DEPARTMENT: Pursuant to notice of advertisement for bids for cleaning
and painting the exterior and interior of the Grandin Court Tank #1, said proposals to
be received by the City Clerk until 1:30 p.m., on Monday, June 22, 1981, and to be
opened and read before the Council at 2:00 p.m., or as soon thereafter as the matter
could be heard, on that date, 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:
Steel & Tank Service Company
W. J. Blane General Contractor
Corrosion Control Corporation
Taylor Development Corporation
$ 19,300.00
19,944.00
27,435.00
38,400.00
Dr. Butler moved that the bids be referred to a co~ittee to be appointed by
the Mayor for tabulation, report and recommendation to Council. The motion was seconded
by Mr. Garland and adopted.
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
The Mayor appointed Massrs. Hampton W. Thomas, Chair,~n, Thomas F. Brady and
Kit B. Kiser as members of the committee.
At this point, 2:10 p.m., Hr. Thomas entered the meeting.
SEWERS AND STORM DRAINS: Pursuant to notice of advertisement for bids for a
closed cooling system for blower and pump engines at the Sewage Treatment Plant, said
proposals to be received by the City Clerk until 1:30 p.m., on Monday, June 22, 1981,
and to be opened and read before the Council at 2:00 p.m., or as soon thereafter as the
matter could be heard, on that date, 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:
Valley Air Conditioning Corporation
Weddle Plumbing and Heating Company
$ 84,720.00
98,600.00
Dr. Butler moved that the bids be referred to a committee to be appointed by
the Mayor for tabulation, report and recomendation to Council. The motion was seconded
by Mr. Garland and adopted.
The Mayor appointed Messrs. Hampton W. Thomas, Chairman, Thomas F. Brady and
Kit B. Kiser as members of the committee.
PARKS AND PLAYGROUNDS: Pursuant to notice of advertisement for bids for
providing and installing a new eight foot high chain link fence at Veteran's Park, N. W.,
said proposals to be received by the City Clerk until 1:30 p.m., on Monday, June 22,
1981, and to be opened and read before the Council at 2:00 p.m., or as soon thereafter
as the matter could be heard, on that date, 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 bids; whereupon, the
City Clerk opened and read the following bids:
Powers Fence Company, Incorporated
Walker Fence & Handrail
$ 21,549.00
24,500.00
Dr. Butler moved that the bids be referred to a committee to be appointed by
the Mayor for tabulation, report and reco~endation to Council. The motion was seconded
by Hr. Garland and adopted,
The Mayor appointed Messrs. Hampton W. Thomas, Chairman, Thomas F. Brady and
W. Kooert ~eroerc as me~oers of ~he co~,m!Jt~ee.
CONSENT AGENDA:
ACTION:
ACTION:
The Mayor advised that all matters listed under the Consent Agenda were cons:
to be routine by the City Council and would be enacted by one motion in the forms listed
on the agenda, and if discussion was desired, that item would be removed from the Consent
Agenda and considered separately. He noted that included on the Consent Agenda were
two requests for Executive Sessions of Council to discuss personnel matters.
MINUTES: Minutes of the regular meeting of Council held on Monday, June 8,
1981, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mrs. Bowles moved that Council dispense with the reading of the minutes and
that the minutes be approved as recorded. The motion was seconded by Mr. Garland and
adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Thomas and Mayor
Taylor .............................................................................. 6.
NAYS: None ................................................................ O.
(Council member Landis was absent.)
COUNCIL: A communication from Mayor Taylor requesting an Executive Session to
discuss personnel matters, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the request. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Thomas and Mayor
Taylor ................................................................................. 6.
NAYS: None .................................................................. O.
(Council member Landis was absent.)
COUNCIL: A report of the City Manager requesting an Executive Session to
discuss a personnel matter, was before Council.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
ACT ION:
ACTION:
ACTION:
ACTION:
ACTION:
Mrs. Bowles moved that Council concur in the request. The motion was seconded
by Hr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Thomas and Mayor
Taylor ...............................................................................
NAYS: None ................................................................ 0.
(Council member l~-dis was absent.)
PUBLIC ASSISTANCE: An annual report of the Advisory Board of N,m~n Resources
for the period of May, 1980, through April, 1981, 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. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Thomas and Mayor
Taylor .............................................................................. 6.
NAYS: None ................................................................ O.
(Council member Landis was absent.)
CITIZENS' SERVICES COI~tITTEE: A report of the Citizens' Services Committee
transmitting recommendations for funding of qualified agencies for the fiscal year 1981-
82, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the recommendations. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Thomas and Mayor
Taylor ................................................................................. 6.
NAYS: None .................................................................. 0.
(Council member Landis was absent.)
AUDITS: A report of the Director of Finance transmitting a financial report
for the month of May, 1981, was before Council.
(For full text, see report on file in the City Clerk's Office.)
l~s. Bowles moved that the report be received and filed. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Thomas and Mayor
Taylor ................................................................................ 6.
NAYS: None ................................................................. 0.
(Council member Landis was absent.)
YOUTH SERVICES CITIZEN BOARD: The qualification of Mr. Archibald C. Mcgee,
Jr., as a member of the Youth Services Citizen Board for a term of three years ending
May 31, 1984, was before Council.
(See Oath of Office on file in the City Clerk's Office.)
Mrs. Bowles moved that the qualification be received and filed. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Thomas and Mayor
Taylor ................................................................................ 6.
NAYS: None .................................................................. 0.
(Council member Landis was absent.)
REGULAR AGENDA:
COUNCIL: Mr. Thomas orally requested that Council meet in Executive Session
to discuss a legal matter.
Mrs. Bowles moved that Council concur in the request. The motion was seconded
by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Thomas and Mayor
Taylor ................................................................................. 6.
NAYS: None ................................................................. O.
(Council member Landis was absent.)
At 2:15 p.m., the Mayor declared the meeting recessed.
269
ACTION:
ACTION:
ACTION:
ACTION:
At 2:45 p.m., the ~eeting reconvened in the Council ChAmber with Mayor
Taylor presiding, and all me~bers of Council present with the exception of
Council a~mber Landis.
BEARING OF CITIZENS UPON PUBLIC MATTERS:
CELEBRATIONS-BUDGET: Hr. L. Graham Haynie appeared before Council on
behalf of the War Memorial Committee and presented a communication apprising
Council of ongoing plans for the construction of and co~oration of Roanoke's
proposed war memorial, Ne stated that because the co~ttttee may incur some
expenses during the next 60 to 90 days, Council's concurrence is requested in the
status of plans and for additional funds, if needed, in order for the committee
to move forward with its work.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance transferring
$15,000.00 from War Memorial, Capital Improvement Reserve, to War Memorial,
General Government, of the 1980-81 Capital Projects Fund Appropriation:
(#25623) AN ORDINANCE to amend and reordain certain sections of the
1980-81 Capital Projects Fund Appropriation, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 489.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Thomas and
Mayor Taylor ................................................................. 6.
NAYS: None ......................................................... 0.
(Council member Landis was absent.)
PETITIONS AND COMMUNICATIONS:
REFUSE COLLECTION: Council member Bowles advised that she previously
requested that space be reserved on the agenda for a con~unication in regard to
bulk container pickup fees. She further advised that she would like to receive
additional information on the matter and moved that the Mayor be requested to
call a special meeting of Council on Friday, June 26, 1981, at 2:00 p.m., to
consider the matter in more detail. The motion was seconded by Mr. Harvey and
adopted.
ZONING: A communication from Mr. Roy V. Creasy, Attorney, requesting
that Ordinance No. 25304, adopted on September 8, 1980, be modified to allow the
use of property located at 3729 Hollins Road, N. E., to include not only a real
estate office, but also general professional or business office space, including
but not limited to offices for doctors, lawyers, surveyors, optometrists, dentists
and life insurance agents, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harvey moved that the request be referred to the City Planning
Coromission for study, report and recommendation and that Council set a public
hearing for Monday, August 10, 1981, at 7:30 p.m., or as soon thereafter as the
matter may be heard in the Council Chamber; and further that it will be necessary
for Mr. Creasy to assume all advertising costs relating thereto. The motion was
seconded by Mr. Garland and adopted.
REPORTS OF OFFICERS:
BRIEFINGS:
CIVIC CENTER: The Director of Public Works appeared before Council
and presented an oral briefing concerning the Civic Center chillers.
Mr. Brady advised that the coliseum, auditorium and exhibition hall
are jointly served by two chillers of 412 tons each, noting that the units are
as originally installed with some modifications, that the manufacturer is no
longer in business and all parts have to be specially fabricated, that one of
the chillers has failed and probably cannot be reliably fixed. He stated that
for the long term, the Administration would like to investigate the type of
equipment to be installed, cost and installation time; and for the short term,
the Administration is considering leasing backup units from a firm in Richmond,
Virginia.
Mrs. Bowles moved that the oral remarks be received and filed. The
motion was seconded by Mr. Harvey and adopted.
ZONING-AIRPORT: The City Manager presented an oral report regarding a
rezoning request in Roanoke County to construct 78 tow~house units in the close
proximity of the end of the proposed extension of Runway 23 at Roanoke Municipal
Airport, Woodrum Field. Mr. Ewert reviewed the contents of a communication
under date of June 16, 1981, written to the Roanoke County Planning Commission
setting forth the City's concerns in regard to the proposed rezoning.
(For full text, see communication on file in the City Clerk's Office.)
27O
ACT ION:
ACTION:
ACTION:
ACT ION:
ACTION:
~tr. Thomas moved that the City Attorney be instructed to prepare the
appropriate measure to be forwarded to the Roanoke County Board of Supervisors
setting forth the concerns expressed by the City Manaser in the above referred
to co~,~,nication, emphasizing that the airport serves the entire western portion
of Virginia and urging the Board of Supervisors to give the matter its urgent
and serious consideration. The motion was seconded by Mrs. Bowies and adopted.
Mr. Thomas moved that the City Hanager's remarks be received and
filed. The motion was seconded by Hr. Harvey and adopted.
SE~RS AND STORM DRAINS: The Director of Public Works presented a
written report in regard to storm drain ranking, advising that cor~itted projects
total eight ~rlth a projected cost of $3,152,400, which total includes $2,000,000
to be spent on Williameon Road area projects; and proposed projects total 33
with a projected cost of $2,021,000.
(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. Thomas and adopted.
HOUSING: The City le~anager submitted a status report on housing progr-mm
advising that major housing or housing-related progr-mm are: public housing ~
substantial rehabilitation; urban homesteading; spot rehabilitation program;
architectural support activities; BOCA property maintenance code; tax exemption
for rehabilitated property; Urban Preservation and Infill Program; Roanoke
Neighborhood Partnership; and growth of Partnership concept.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that the report be received and filed. The motion
was seconded by Dr. Butler and adopted.
ITEMS RECOMMENDED FOR ACTION:
HOUSING: The City Manager submitted a written report recommending
that Council adopt the voluntary Occupancy Permit Program generally, and apply
it to those neighborhoods whose organizations have requested initiation of the
program, effective September 1, 1981. Mr. Ewert advised that the Mountain View
Neighborhood Alliance has requested that the program be applied to their area.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Florine Thornhill, 819 Center Avenue, N. W., representing the
Northwest Environmental Organization, appeared before Council and spoke in
support of the program for the Gilmer area.
Mrs. Rebecca F. Motes, President, Mountain View Neighborhood Alliance,
appeared before Council and presented a communication advising that the Alliance
passed a motion on June 9, 1981, in favor of the program and voted to request
that the program be applied in the Mountain View neighborhood as soon as possible.
(For full text, see communication on file in the City Clerk's Office.)
Hr. Garland moved that the following Ordinance be placed upon its
first reading:
(#25624) AN ORDINANCE to amend Chapter 16, Housing, Code of the City
of Roanoke (1979), as amended, to provide for a new article, Article IV,
Occupancy Permits, establishing a voluntary program for the issuance of occupancy
pezmits to owners of property in specified areas of the City when such property
is found to be in compliance with the Property Maintenance Code of the City of
Roanoke and certain other applicable codes and standards.
The motion was seconded by Mr. Harvey and adopted by the following
vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Thomas and
Mayor Taylor ................................................................... 6.
NAYS: None ......................................................... O.
(Council member Landis was absent.)
BUDGET-GRANTS-YOUTH: The City Manager submitted a written report
advising that a grant was officially awarded to the City for the Office on Youth
by the Virginia Delinquency Prevention and Youth Development Act, effective Juiy
1, 1981, for a twelve month period beginning July 1, 1981, through June 30,
1982, to provide for the continuation of coordinated planning and program imple-
mentation of local youth serving programs both public and private, recommending
adoption of a Resolution to accept the grant, transfer of $7,100.00 from fiscal
year 1982 Community Planning budget to the proper account as the City's 25% cash
contribution for the program, and appropriation of $26,322.00 for the program
which will allow the Director of Finance to set up the necessary accounts by
July 1, 1981.
(For full text, see report on file in the City Clerk's Office.)
ACTIO~:
ACTION:
ACTION:
ACTION:
Mr. Thomas offered the following em~r8ency Ordinance:
(#25625) AN ORDINANCE to a~end and reordain certain sections of the
1981-82 General Fund and Grant Progr-m~ Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 490.)
Mr. Thomas ~oved the adoption of the Ordinance. The motion was seconded
by Hr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Thomas and
Mayor Taylor ....... 6.
NAYS: None ........................................................... 0.
(Council member Landis was absent.)
Mr. Thomas offered the following Resolution:
(#25626) A RESOLUTION authorizing the acceptance of a Delinquency
Prevention and Youth Development Act Grant made to the City of Roanoke by the
Con~onwealth of Virginia Department of Corrections and authorizing the acceptance,
execution and filing of the "Special Conditions" with the Department of Correctionl
for this grant for the purpose of continuing coordinated planning and youth
services program implementation by the City's Office om Youth until June 30,
1982.
(For full text of Resolution, see Resolution Book No. 46, page 491.)
Mr. Thomas moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Thomas and
Mayor Taylor ................................................................. 6.
NAYS: None ....................................................... 0.
(Council member Landis was absent.)
BUDGET-STREETS AND ALLEYS: The City Mmnager submitted a written
report in regard to the street paving program, recommending that Council appropri-
ate $525,000 in funds to be unexpended as of June 30, 1981, to a Capital Fund
Account to bo established by the Director of Finance for the provision of needed
paving. (For full text, see report on file in the City Clerk's Office.)
Dr. Butler spoke in favor of adding the $525,000 to the total undesignatl
fund balance at the end of the fiscal year in order that the schools could
receive their 33% of the total undesignated fund balance.
The City Manager identified the following sources of funding for the
$525,000, viz: $200,000 in the Contingency Reserve Account which was not expended
due to careful monitoring and control of all city expenditures and an om-going
effort to improve the efficiency of the entire City operation; $135,000 in
various social service aid programs which will not be expended due to the Common-
wealth of Virginia not approving reimbursement on the expenditure of said funds;
an additional $126,000 in personnel lapse funds which will be accumulated by
June 30, 1981; and $64,000 in various other accounts which will not be expended
on June 30, 1981.
Mr. Ewert said the money is available because Council wanted the
City Administration to reduce expenditures in the City's portion of the budget,
that the funds were frozen at the direction of Council and it seems appropriate
at this time for the funds to go into capital in order to upgrade the City's
streets.
Mr. Thomas offered the following emergency Ordinance appropriating
$525,000:
(#25627) AN ORDINANCE to amend and reordain certain sections of the
1980-81 General Fund and Capital Projects Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 491.)
Mr. Thomas moved the adoption of the Ordinance. The motion was seconded
by Mrs. Bowles and lost by the following vote:
AYES: Council members Bowles, Harvey, Thomas and Mayor Taylor ........ 4.
NAYS: Council members Butler and Garland ............................. 2.
(Council member Landis was absent.)
At a later point during the meeting, Mr. Thomas advised that having
voted with the majority in favor of Ordinance No. 25627, he would like to move
for a reconsideration of the question. The motion was seconded by Mrs. Bowles
and adopted.
2'71
272
ACTION:
ACTION:
ACTION:
l~. Thomas moved that the following Ordi~-nce appropriating $525,000
for street paving be placed upon its first reading:
(~25627) AN ORDINANCE to amend and reordain certain sections of the
1980-81 General Fund and Capital Projects Fund Appropriations.
The motion was seconded by Hrs. l~vles and adopted by the folloving
vote:
AYES: Council members Bowles, Garland, Harvey, Thomas and Mayor
Taylor .................................................................... 5.
NAYS: Council member Butler ....................................... 1.
(Council member Landis was absent.)
Later during the meeting, in reference to Ordinance No. 25627, the
}~yor pointed out that it takes ten days following the second reading of a
regular Ordinance for it to become effective, that Ordinance No. 25627 will be
before the Council for its second reading at Council's special meeting on Friday,
June 26, 1981, and will not become effective until July 7, 1981. Re said in
order for the money to be encumbered prior to the end of the i980-81 fiscal year
budget, the Ordinance will have to be adopted by Council as an emergency measure.
Mr. Garland requested that the record show that he changed his no vote
to a yes vote in favor of adoption of Ordinance No. 25627 as an emergency measure.
Ordinance No. 25627, as an emergency measure, was adopted by the
following vote:
AYES: Council members Bowles, Garland, Harvey, Thomas and Mayor
Taylor ........................................................................ 5.
NAYS: Council member Butler ...................................... 1.
(Council member Landis was absent.)
BUDGET-GRANTS-PLANNING-HOUSING: The City Manager submitted a written
report in connection with acceptance of the 1981-82 Community Development Block
Grant, recomending adoption of a Resolution accepting the fiscal year 1981-82
C. D. B. G. funds approved by H. U. D.; and that $2,443,000 be appropriated to an
account established by the Director of Finance in order that program activities
may begin on or about July 1, 1981.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#25628) AN ORDINANCE to amend and reordain certain sections of the
1981-82 Grant Programs Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 492.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Thomas and
Mayor Taylor ................................................................. 6.
NAYS: None ......................................................... O.
(Council member Landis was absent.)
Mrs. Bowles offered the following Resolution:
(#25629) A RESOLUTION accepting a certain Cona~unity Development Block
Grant offer made to the City by the United States Department of Housing and
Urban Development under Title II of Public Law 93-383; and authorizing execution
of the City's acceptance of the aforesaid grant offer on behalf of the City of
Roanoke and the agreement, on behalf of the City, to comply with the terms and
conditions of the grant and applicable laws, regulations and requirements of
said Department pertaining thereto.
(For full text of Resolution, see Resolution Book No. 46, page 493.)
Mrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Thomas and
Mayor Taylor ................................................................... 6.
NAYS: None .......................................................... 0.
(Council member Landis was absent.)
ACT ION:
ACT ION:
BUDgET-STATE HIGHWAYS: The City Manager submitted a w~itten report in
regard to the transfer of funds to meet anticipated expenditures for certain
highway projects, recommending that Council authorize the Director of Finance tO
transfer $73,500.00 from the Highway Construction Fund to the following projects:
Route 24, 13th Street, Bennington Street, in the -~,~unt of $13,500.00; 24th
Street, N. W., in the amount of $30,000.00; and Vlnton Mill Road, in the ~unt
of $30,000.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency Ordinance:
(#25630) A~ ORDINANCE to omc_nd and reordain certain sections of the
1980-81 Capital Projects Fund Appropriation, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 494.)
Mr. Harvey moved the adoption of the Ordinance. The motion was seconded
by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Thomas and
Mayor Taylor ................................................................... 6.
NAYS: None .......................................................... 0.
(Council member Landis was absent.)
BUDGET-SEWERS AND STORM DRAINS: The City Manager submitted a written
report recommending that he be authorized to issue Change Order No. 2 to the
contract with Wiley N. Jackson Company for construction of the Southern Hills
Storm Drain Project, in the amount of $26,873.90 and that the Director of Finance
be authorized to transfer $26,873.90 from Amnexation Storm Drain and Sewer
Project Account to Southern Hills Storm Drain Account.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#25631) AN ORDINANCE to amend and reordain certain sections of the
1980-81 Capital Projects Fund Appropriation Ordinance, and providing for an
emergency.
(Fbr full text of Ordinance, see Ordinance Book No. 46, page 494.)
M_rs. Bowles moved the adoption of the Ordinance. The motion was
seconded by llr. Earvey and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Thomas amd
Mayor Taylor .................................................................... 6.
NAYS: None ........................................................... 0.
(Council member Landis was absent.)
Mrs. Bowles offered the following emergency Ordinance:
(#25632) AN ORDINANCE approving the City Manager's issuance of Change
Order No. 2, as hereinafter set forth, to the City's contract with Wiley N.
Jackson Company for construction of the Southern Hills Storm Drain Project; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 495.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Thomas and
Mayor Taylor .................................................................. 6.
NAYS: None ........................................................ 0.
(Council member Landis was absent.)
BUDGET-EQUIPMENT: The City Manager submitted a written report concurri~
in a report of the Bid Committee recommending the purchase of five compact class
automobiles from Magic City Motor Corporation, in the total amount of $33,424.40;
one paving machine from A. E. Finley & Associates of Virginia, Incorporated, in
the total amount of $20,707.86; one front end alignment equipment from Shepherd's
Auto Supply, in the total amount of $22,878.24; two cargo vans from Magic City
Motor Corporation, in the total amount of $16,150.88; seven truck cabs and
chassis from Johnson International Trucks, Incorporated, in the total amount of
$120,721.16; seven twelve foot dump bodies from Cavalier Equipment Corporation,
in the total amount of $34,860.00; and three hydraulic rotary mowers from Mount-
castle Ford Tractor Sales, Incorporated, in the total amount of $20,850.00,
said bids totalling $269,592.54 and further recommending that certain transfers,
as more fully set forth in Table No. 2 of the report, be approved by Council.
(For full text, see report on file in the City Clerk's Office.)
273
274
ACT ION:
ACTION:
ACTION:
ACTION:
Hr. Harvey offered the following emergency Ordinance:
(~25633) A~ ORDINAl/CE to ~nd and reordain certain sections of the
1980-81 General Fond Appropriation Ordinance, and providing for an e~ergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 495.)
Hr. Harvey meved the adoption of the Ordinance. The motion was seconded
by Hr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Thomas and
Mayor Taylor ............................................................... 6.
NAYS: None ......................................................... 0.
(Council member Landis was absent.)
Mrs. Bowles offered the following emergency Ordinance:
(t25634) AN ORDINANCE providing for the purchase of certain vehicles
and equipment for use by the City, upon certain terms and conditions, by accepting
certain bids made to the City for furnishing and delivering said vehicles and
equipment; rejecting all other such bids; providing for the issuance of requisite
purchase orders for all such equipment; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 496.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Thomas, and
Mayor Taylor .................................................................. 6.
NAYS: None ....................................................... 0.
(Council member Landis was absent.)
BUSES-GRANTS: The City Manager submitted a written report recommend-
ing authorization for the Mayor to execute and file an application with the
Virginia Department of Highways and Transportation for experimental mass transpor-
tation funds for a downtown circulator and shuttle bus service for parking in
the peripheral lot at the Roanoke Civic Canter.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#25635) AN ORDINANCE authorizing the Mayor to execute on the City's
behalf certain grant documents relating to an experimental mass transportation
program, authorizing the City Manager to furnish necessary information to the
State in this regard, making certain certifications with respect to the use of
grant funds; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 497.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Hr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Thomas and Mayor
Taylor ...................................................................... 5.
NAYS: None ........................................................ O.
(Council member Harvey was out of the Council Chamber.) (Council member Landis
was absent.)
At 4:30 p.m., the Mayor declared the meeting recessed.
At 4:40 p.m., the meeting reconvened in the Council Chamber with Mayor
Taylor presiding, and all members of Council present, with the exception of
Mr. Landis.
BRIDGES: The City Manager submitted a written report recommending
award of an engineering services reimbursement with a cost ceiling contract to
Hayes, Seay, Mattern and Mattern for bridge inspections, in an amount not to
exceed $14,633.75 without further authorization by Council.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler offered the following emergency Ordinance:
(#25636) AN ORDINANCE authorizing the employment of the professional
services of certain architects and engineers to conduct a bridge inspection
program for the City of Roanoke, upon certain terms and conditions; and provid-
ing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 498.)
ACT ION:
ACT ION:
ACTION:
Dr. Butler moved the adoption of the Ordinance. The motion was seconded
by Hr. Garland and adopted by the following vote:
AYES: C~umctl members Bo~les, Butler, Garlamd, Harvey, Thomas and
Mayor Taylor ................................................................ 6.
NAYS: None ........................................................ 0.
(Council member Landis was absent.)
BUDGET-SEWERS AND STORM D~AINS: The City Manager submitted a written
report recommending authorization to transfer $35,000.00 to a Capital Accoumt
within the Sewage Treatment Fum4 in order to increase funds for sanitary sewer
replacement project needs during fiscal year 1982.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas offered the following emergency Ordinance:
(#25637) AN ORDINANCE to amend and reordain certain sections of the
1980-81 Sewage Treatment Fumd Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 498.)
Mr. Thomas moved the adoption of the Ordinance. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Thomas and
Mayor Taylor ................................................................... 6.
NAYS: None ........................................................ 0.
(Council member Landis was absent.)
AIRPORT: The City Manager submitted a written report recommending
authorization to execute Change Order No. 1 to the contract with John A. Hall
and Company, Incorporated, for construction of a charter and corporate aircraft
ramp, ADAP 6-51-0045-11.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency Ordinance:
(#25638) AN ORDINANCE approving the City Manager's issuance of Change
Order No. 1, as hereinafter set forth, to the City's contract with John A. Hall
and Company, Inc., for construction of a charter and corporate aircraft ramp at
Roanoke Municipal Airport, Woodrum Field; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 499.)
Mr. Harvey moved the adoption of the Ordinance. The motion was seconded
by Mr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Thomas and
Mayor Taylor ................................................................... 6.
NAYS: None ........................................................... 0.
(Council member Landis was absent.)
BUDGET-PUBLIC ASSISTANCE: The City Manager submitted a written report
reco~nending that $26,696.24 be appropriated to the Title XX Services budget to
provide funds for the purchase of certain services determined to be essential
for citizens of the city.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#25639) AN ORDINANCE to amend and reordain certain sections of the
1980-81 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 499.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Thomas and
Mayor Taylor ................................................................... 6.
NAYS: None .......................................................... O.
(Council member Landis was absent.)
BUDGET-WATER DEPARTMENT: The City Manager submitted a written report
recommending that $27,500.00 be transferred to a Water Department Capital Account
in order that funds can be carried over into the next fiscal year to cover the
outstanding water storage tank painting project.
(For full text, see report on file in the City Clerk's Office.)
275
276
ACTION:
ACTION:
ACTION:
ACTION:
Mr. Thomas offered the following emergency Ordinance:
(~256&0) AN ORDINANCE to amend and reordain certain sections of the
1980-81 Water Fund ~4~propriation Ordinance, and providing for an e~ergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 500.)
Mr. Thomas moved the adoption of the Ordinance. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Thomas and
Mayor Taylor .............................................................. 6.
NAYS: None ...................................................... 0.
(Council member Landis was absent.)
BUDGET-DIRECTOR OF FINANCE: The City Manager submitted a written
report transmitting a proposed Fee Compendium.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that action on the Fee Compendium be deferred until
the special meeting of Council on Friday, June 26, 1981, at 2:00 p.m. The
motion was seconded by Dr. Butler and adopted.
CITY ATTORNEY:
BUDGET-SCHOOLS-CONSULTANT'S REPORTS: The City Attorney submitted a
written report transmitting an Ordinance to authorize execution of a contract
providing for consolidation of the School Board's financial functions with the
City's Department of Finance.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#25641) AN ORDINANCE authorizing the appropriate City officials to
enter into a contract with the School Board of the City of Roanoke to provide
for consolidation of certain financial functions of the School Board and the
City administration; end providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 500.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Thomas and
Mayor Taylor ................................................................ 6.
NAYS: None ....................................................... O.
(Council member Landis was absent.)
DIRECTOR OF FINANCE:
BUDGET-POLICE DEPARTMENT-GRANTS: The Director of Finance submitted a
written report recommending certain appropriation and revenue adjustments in
connection with the close-out of Police Training Grant No. 80-A5162, noting that
the total appropriation for the grant was $29,485.00, actual funding received
was $15,485.00, and total expenditures were $12,854.50.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency Ordinance:
(#25642) AN ORDINANCE to amend and reordain certain sections of the
1980-81 Grant Programs Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 501.)
Mr. Harvey moved the adoption of the Ordinance. The motion was secondei
by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Thomas and
Mayor Taylor .................................................................. 6.
NAYS: None ........................................................ 0.
(Council member Landis was absent.)
BUDGET-PERSONNEL: The Director of Finance submitted a written report
in connection with the fourth quarter personnel lapse, the total budgeted Salary
and Wage lapse remaining will be as follows:
ACTION:
ACTION:
ACTION:
ACTION:
"Original Budgeted Amount
Increase Per Ordinance No. 25336
Total Budgeted
500,000
142~500
642,500
First Quarter Lapse Realized
Second Quarter Lapse Realized
Third Quarter Lapse Realized
Fourth Quarter Lapse Realized
(164,975)
(199,345)
(203,140)
(75,040)
Amount to be Realized
Mrs. Bowles offered the following e~mergency Ordtn-nce:
(#25643) AN ORDINANCE to amend and reordain certain sections of the
1980-81 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 501.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Thomas and
Mayor Taylor .................................................................... 6.
NAYS: None .......................................................... 0.
(Council member Landis was absent.)
BUDGET-GRANTS-HOUSING: The Director of Finance submitted a written
report advising that Couacil adopted Ordinance No. 25211 providing for the
appropriation of $95,000 in parking lot income from the Roanoke Redevelopment
and Housing Authority, that the City has received $33,996.44 in excess of the
appropriation from the Housing Authority for the fiscal year ending June 30,
1981, and reco~m~ending that Coumcil adopt an Ordinance increasing the appropriatiol
and revenue estimates to the amount actually received.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#25644) AN ORDINANCE to amend and reordain certain sections of the
1980-81 Grant Programs Fund Appropriations, amd providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 46, page 502.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Thomas and
Mayor Taylor .................................................................. 6.
NAYS: None ...............
(Council member Landis was absent.)
REPORTS OF COMMITTEES:
AIRPORT: A report of the Airport Advisory Commission recommending
authorization for the city administration to develop bidding criteria to solicit
proposals for construction and operation of hangar facilities at Roanoke Municipal
Airport, Woodrum Field, and to negotiate after receipt of proposals, was before
Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that Council concur in the reco~nuendation and that
the report be referred to the City Attorney for preparation of the proper measure.
The motion was seconded by Mr. Thomas and adopted.
SIDEWALK, CURB AND GUTTER-STREETS AND ALLEYS: The Co~ittee appointed
by the Mayor to study bids received for miscellaneous small area street and
sidewalk restoration submitted a written report reco~ending that all bids be
rejected, and that the work be performed by city forces.
(For full text, see report on file in the City Clerk's Office.)
In this connection, a report of the City Manager concurring in the
recommendation, was before Coancii.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler offered the following Resolution:
(#25645) A RESOLUTION rejecting the bids received by the City for
miscellaneous small area street and sidewalk restoration; and authorizing
the City Manager to perform such work with City forces.
(For full text of Resolution, see Resolution Book No. 46, page 503.)
277
278
ACTION:
ACTION:
ACTION:
ACTION:
Dr. Butler moved the adoption of the Resolution. The motion was
seconded by Hr. Thomas and adopted by the following vote:
AYES: Council me. ers Bowles, Butler, Garland, Harvey, Thomas amd
Mayor Taylor ................................................................. 6.
NAYS: None ...................................................... O.
(Council member Landis was absent.)
Mrs. Bowles moved that the City Manager's report be received and
filed. The motion was seconded by Mr. Thomas and adopted.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
ZONING: Ordinance No. 25603 rezoning three tracts of land located un
the southerly side of Roberts Road, S. W., containing 1.058 acre, known as
Official Tax No. 1290124, and 2.92 acres, known as a portion of Official Tax No.
1290108, from RS-3, Single-F-mtly Residential District, and 0.73 acre, known as
a portion of Official Tax No. 1290108, from C-2, General Commercial District, to
RG-2, General Residential District, subject to certain conditions proffered by
the petitioner, having previously been before the Council for its first reading
on Monday, June 8, 1981, read and adopted on its first reading and laid over,
was again before the body, Mr. Thomas offering the following for its second
reading and final adoption:
(#25603) AN ORDINANCE to amend Sections 36-3 and 36-4, Code of the
City of Roanoke, (1979), as amended, and Sheet No. 129, Sectional 1976 Zone Map,
City of Roanoke, in relation to Zoning, subject to certain conditions.
(For full text of Ordinance, see Ordinance Book No. 46, page 480.)
Mr. Thomas moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Thomas and
Mayor Taylor ................................................................. 6.
NAYS: None .......................................................... O.
(Council member Landis was absent.)
TAXES: Ordinance No. 25604 providing for an increase in the transient
occupancy tax rate from one per cent to four per cent, effective July 1, 1981,
having previously been before the Council for its first reading on Monday, June
8, 1981, 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:
(#25604) AN ORDINANCE amending and reordaining Section 32-240, Levied;
rate, of the Code of the City of Roanoke (1979), as amended, to increase the
transient occupancy tax rate, and providing for an effective date of this
ordinance.
(For full text of Ordinance, see Ordinance Book No. 46, page 481.)
Hr. Harvey moved the adoption of the Ordinance. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Thomas and
Mayor Taylor .................................................................. 6.
NAYS: None ........................................................ 0.
(Council member Landis was absent.)
MASSAGE PARLORS: Ordinance No. 25605 in regard to definition of
massage parlors, lighting for massage parlors, inspection of premises, pro~
cedures in issuance of technician's permit, display of technician's permit and
technician's health card, register of patrons and prohibition against minors on
premises, having previously been before the Council for its first reading on
Monday, June 8, 1981, 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:
(#25605) AN ORDINANCE to send and reordain Sections 21-135, 21-136,
21-139, 21-158, 21-175, 21-176 and 21-191 of Article V, Massage Parlors, of
Chapter 21, Offenses - Miscellaneous, of the Code of the City of Roanoke (1979),
as amended, and to amend and reordain the same Article and Chapter by the addition
of new sections numbered 21-145 and 21-146, the amended and added sections
relating to definition of massage parlor, penalty for violation of Article V,
lighting for massage parlors, inspection of premises, procedures in issuance of
technician's permit, display of technician's permit and technician's health
card, register of patrons and prohibition against minors on premises.
(For full text of Ordinance, see Ordinance Book No. 46, page 481.)
ACTION:
ACTION:
ACTION:
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Thomas and
Mayor Taylor ........................................................ 6.
NAYS: None ...................................................... 0.
(Council member Landis was absent.)
SEWERS AND STORM DRAINS-EASEI~ENTS: Ordinance No. 25610 authorizing
the appropriate City officials to execute a quitclaim deed releasing the City's
rights in temporary construction easements over property of Alan S. Buckner and
Janet J. Buckner, having previously been before the Council for its first
reading on Monday, June 8, 1981, read and adopted on its first reading and laid
over, was again before the body, Mr. Thomas offering the following for its
second reading and final adoption:
(#25610) AN ORDINANCE authorizing the appropriate City officials to
execute a quitclaim deed releasing the City's rights in temporary construction
easements over property of Alan S. Buckner and Janet J. Buckner.
(For full text of Ordinance, see Ordinance Book No. 46, page 482.)
Mr. Thomas moved the adoption of the Ordinance. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Thomas and
Mayor Taylor ................................................................... 6.
NAYS: None .......................................................... 0.
(Council member Landis was absent.)
TAXES-HOUSING: Ordinance No. 25617 relating to exemption of certain
rehabilitated real property from real estate taxation, authorizing the Commissione
of Revenue to issue rules and regulations establishing eligibility criteria,
stating the amount of the exemption, providing for an application, effect of
exemptions on land book, non-eligibility of demolition and providing penalties
for false statements, having previously been before the Council for its first
reading on Monday, June 8, 1981, 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:
(#25617) AN ORDINANCE to amend and reordain Article II, Real Estate
Taxes Generally, of Chapter 32, Taxation, Code of the City of Roanoke (1979), as
amended, by the addition of a new Division 5 consisting of sections numbered 32-
93 through 32-101, the new Division relating to exemption of certain rehabilitated
real property from real estate taxation, authorizing the Commissioner of Revenue
to issue rules and regulations establishing eligibility criteria, stating the
amount of the exemption, providing for an application, effect of exemptions on
land book, non-eligibility of demolition, and providing penalties for false
statements.
(For full text of Ordinance, see Ordinance Book No. 46, page 483.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Dr. Butler amd adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Thomas and
Mayor Taylor ................................................................. 6.
NAYS: None .......................................................... 0.
(Council member Landis was absent.)
AIRPORT: Ordinance No. 25619 amending the Airport Use Agreement dated
April 1, 1978, as amended, between the City and Piedmont Aviation Incorporated,
to extend the agreement for an additional three-year term and to revise certain
rates and rentals called for therein, having previously been before the Council
for its first reading on Monday, June 8, 1981, read and adopted on its first
reading and laid over, was again before the body, Mr. Harvey offering the follow-
ing for its second reading and final adoption:
(#25619) AN ORDINANCE amending the Airport Use Agreement dated April
1, 1978, as amended, between the City and Piedmont Aviation, Incorporated, to
extend this agreement for an additional three-year term and to revise certain
rates and rentals called for therein.
(For full text of Ordinance, see Ordinance Book No. 46, page 485.)
Mr. Harvey moved the adoption of the Ordinance. The motion was seconded
by Mr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Thomas and
Mayor Taylor ................................................................... 6.
NAYS: None ....................................................... O.
(Council member Landis was absent.)
279
28O
ACTION
ACTION:
ACTION:
AlP. PORT: Ordinance No. 25620 revising rents and fees for use of
Roanoke Municipal Airport, Woodrum Field, and establishing an effective date
therefor, having previously been before the Council for its first reading on
Monday, June 8, 1981, read and adopted un its first reading and laid over, was
again before the body, Mr. Harvey offering the following for its second reading
and final adoption:
(t25620) AN ORDINANCE revising rents and fees for use of Roanoke
Municipal Airport, Woodrum Field, and establishing an effective date therefor.
(For full text of Ordinance, see Ordinance Book No. 46, page 485.)
Mr. Harvey moved the adoption of the Ordinance. The motion was seconded
by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Thomas and
Mayor Taylor ................................................................
NAYS: None ...................................................... O.
(Council member Landis was absent.)
AIRPORT: Ordinance No. 25621 authorizing the City Manager to execute
a license with the United States of America for the installation and maintenance
of a Low Level Wind Shear Alert System at Roanoke Mtmicipal Airport, Woodrum
Field, having previously been before the Council for its first reading on Monday,
June 8, 1981, 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:
(#25621) AN ORDINANCE authorizing the City Manager to execute a
license with the United States of America for the installation and maintenance
of a Low Level Wind Shear Alert System at Roanoke Municipal Airport, Woodrum
Field.
(For full text of Ordinance, see Ordinance Book No. 46, page 489.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Thomas and
Mayor Taylor .................................................................. 6.
NAYS: None ....................................................... 0.
(Council member Landis was absent.)
AIRPORT-CITY PROPERTY: Ordinance No. 25622 providing for the lease of
a certain 3.63 acre parcel of land at Roanoke Municipal Airport, Woodrum Field,
to Mr. T. Edward Taylor, Sr., and Mrs. Shirley F. Taylor, upon certain terms and
conditions, having previously been before the Council for its first reading on
Monday, June 8, 1981, 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:
(#25622) AN ORDINANCE providing for the lease of a certain 3.63 acre
parcel of land at Roanoke Municipal Airport, Woodrum Field, to Mr. T. Edward
Taylor, Sr., and Mrs. Shirley F. Taylor, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 46, page 489.)
Mr. Harvey moved the adoption of the Ordinance. The motion was seconded
by Dr, Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Thomas and
Mayor Taylor .................................................................. 6.
NAYS: None ......................................................... 0.
(Council member Landis was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND }~2MBERS OF COUNCIL: NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 5:05 p.m., the Mayor declared the meeting recessed.
At 5:50 p.m., the meeting reconvened in the Council Chamber with Mayor
Taylor presiding, and all members of Council present, with the exception of
Mr. Landis.
AIRPORT: Pursuant to the request of Council at its meeting on Monday,
June 8, 1981, the Mayor appointed the following persons to the Airport Task
Force: Mr. James G. Harvey, II, Mr. Art M. Whittaker, Mr. H. B. Ewert, Mr. Jack
C. Smith and Mayor Noel C. Taylor.
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
AlP. PORT: The Mayor advised that the four year term of Mr. Claude N.
Smith as a member of the Airport Advisory Commission will expire on June 30,
1981, and called for nominations to fill the vacancy.
Mr. Thomas placed in nomination the name of Mr. Claude N. Smith.
There being no further nominations, Mr. Smith was reelected as a
member of the Airport A~visory Commission for a term of four years ending June
30, 1985, by the following vote:
FOR MR. SMITH: Council members Bowles, Butler, Garland, Marvey,
Thomas and Mayor Taylor ................................................. 6.
(Council member Landis was absent.)
TAXES: The Mayor called to the attention of Council that the three
year terms of Messrs. Lacy W. Hanson and Kennis E. Elswick as members of the
Revenue Study Commission will expire on June 30, 1981, and called for nominations
to fill the vacancies.
Mr. Thomas placed in nomination the n~me of Messrs. Lacy W. Hanson and
Keenis E. Elswick.
There being no further nominations, Messrs. Hanson and Elswick were
reelected as members of the Revenue Study Com~ission for terms of three years
each ending June 30, 1984, by the following vote:
FOR MESSRS. HANSON AND ELSWICK: Council members Bowles, Butler,
Garland, Harvey, Thomas and Mayor Taylor ..................................... 6.
(Council member Landis was absent.)
Inasmuch as Mr. Hanson is not a Roanoke City resident, Mrs. Bowles
moved that the city residency requirement be waived in this instance. The
motion was seconded by Dr. Butler and adopted.
PLANNING: The Mayor called to the attention of Council that the three
year terms of Messrs. J. T. Hopkins, Jr., and Charles L. Landis as members of
the Fifth Planning District Commission will expire on June 30, 1981, and called
for nominations to fill the vacancies.
Mr. Thomas placed in nomination the n~mes of f~ssrs. J. T. hopkins,
Jr., and Charles L. Landis.
There being no further nominations, Messrs. Hopkins and Landis were
reelected as members of the Fifth Planning District Commission for terms of
three years each ending June 30, 1984, by the following vote:
FOR MESSRS. HOPKINS AND LANDIS: Council members Bowles, Butler,
Garland, Harvey, Thomas and Mayor Taylor .................................. 6.
(Council member Landis was absent.)
PERSONNEL: The Mayor called to the attention of Council that the
three year term of Mr. Ji~nie B. Layman as a member of the Personnel and Employ-
ment Practices Commission will expire on June 30, 1981, and called for nominatiom
to fill the vacancy.
Mr. Thomas placed in nomination the name of Mr. Jtmmfe B. Layman.
There being no further nominations, Mr. Lay~an was reelected as a
member of the Personnel and Employment Practices Commission for a term of three
years ending June 30, 1984, by the following vote:
FORMR. LAYMAN: Council members Bowles, Butler, Garland, Harvey, Thoma~
and Mayor Taylor ............................................................. 6.
(Council member Landis was absent.)
ROANOKE CITY ARTS COMMISSION: The Mayor called to the attention of
Council that the one year terms of Ms. Martha S. Bell, Ms. Nettie Lee Kitchen,
Mr. John F. Bullock, Jr., Mr. Eric E. Fitzpatrick, Mr. W. L. Whitwell and Mr.
John W. Creasy as members of the Roanoke City Arts Commission will expire on
June 30, 1981, that Mr. Bullock has declined to serve another term and called
for nominations to fill the vacancies.
Mr. Thomas placed in nomination the names of Ms. Martha S. Bell, Ms.
Nettle Lee Kitchen, Mr. Eric E. Fitzpatrick, Mr. W. L. Whitwell and Mr. John W.
Creasy.
There being no further nominations, Ms. Bell, Ms. Kitchen, Mr. Fitzpat-
rick, Mr. Whitwell and Mr. Creasy were reelected as members of the Roanoke City
Arts Commission for terms of one year each ending June 30, 1982, by the following
vote:
FOR MS. BELL, MS. KITCHEN, ME. FITZPATRICK, MR. WIilTWELL AND MR.
CREASY: Council members Bowles, Butler, Garland, Harvey, Thomas and Mayor
Taylor ................................................................... 6.
(Council member Landis was absent.)
281
282
ACTION:
ACTION:
ACTION:
ACTION:
FRANCHISES: The Mayor called to the attention of Council that the one
year term of l~. Paul C. Buford as a member of the Franchise Study Commltttee
will expire on June 30, 1982, and called for nominations to fill the vacancy.
Mr. Thomas placed in nomination the name of Mr. Paul C. Buford.
There being no further nominations, Mr. Buford was reelected as a
member of the Franchise Study Committee for a term of one year ending June 30,
1982, by the following vote:
FOR MR. BUFORD: Council members Bowles, Butler, Garland, Harvey,
Thomas and Mayor Taylor .................................................... 6.
(Council member Landis was absent.)
COURTHOUSE: The Mayor called to the attention of Council that the one
year terms of Messrs. Frank W. Rogers, St., T. L, Plunkett and the President of
the Roanoke Bar Association as members of the Regional Courthouse Co,~,tttee will
expire on June 30, 1981, and called for nominations to fill the vacancies.
Mr. Thomas placed in nomination the names of Messrs. Frank W. Rogers,
Sr., T. L. Plunkett, and the President of the Roanoke Bar Association (Mr. Evans
B. Jessee).
There being no further nominations, Messrs. Rogers and Plunkett were
reelected and the President of the Roanoke Bar Association (Mr. Jessee) was
elected as members of the Regional Courthouse Committee for terms of one year
each ending June 30, 1982, by the following vote:
FOR MESSRS. ROGERS AND PLUNKETT AND THE PRESIDENT OF THE ROANOKE BAR
ASSOCIATION (MR. JESSEE): Council members Bowles, Butler, Gar/and, Harvey,
Thomas and Mayor Taylor ...................................................... 6.
(Council member Landis was absent.)
FLOODS: The Mayor called to the attention of Council that the one
year terms of Messrs. George L. Pitzer, Vincent S. Wheeler, Michael R. Kraus, J.
T. Hopkins, Jr., Read A. Lunsford, William H. Flannagan and the Director of the
Fifth Planning District Commission (Mr. Charles L. Haeussler) as members of the
Flood Plain Committee will expire on June 30, 1981, and called for nominations
to fill the vacancies.
Mr. Thomas placed in nomination the names of Messrs. George L. Pitzer,
Vincent S. Wheeler, Michael R. Kraus, J. T. Hopkins, Jr., Read A. Lunsford,
William H. Flannagan and the Director of the Fifth Planning District Commission
(Mr. Charles L. Haeussler).
There being no further nominations, Messrs. Pitzer, Wheeler, Kraus,
Hopkins, Lunsford, Flannagan and the Director of the Fifth Planning District
Cormmfssion (Mr. Haeussler) were reelected as members of the Flood Plain Committee
for terms of one year each ending June 30, 1982, by the following vote:
FOR MESSRS. PITZER, WHEELER, KRAUS, HOPKINS, LUNSFORD, FLANNAGAN
AND THE DIRECTOR OF THE FIFTH PLANNING DISTRICT COMMISSION (MR. HAEUSSLER):
Council members Bowles, Butler, Garland, Harvey, Thomas and Mayor Taylor .... 6.
(Council member Landis was absent.)
CITIZENS' SERVICES COMMITTEE: The Mayor called to the attention of
Council that the one year terms of Miss Robbie H. Burton, Miss Bernice F. Jones,
Mr. Raleigh Campbell, Mr. Harold P. Kyle, Mr. Charles W. Walker, Mr. Stanley R.
Hale and Mr. James D. Ritchie as members of the Citizens' Services Co~,,ittee
will expire on June 30, 1981, and called for nominations to fill the vacancies.
Mr. Thomas placed in nomination the names of Miss Robbie H. Burton,
Miss Bernice F. Jones, Mr. Raleigh Campbell, Mr. Harold P. Kyle, Mr. Charles W.
Walker, Mr. Stanley R. Hale, and Mr. James D. Ritchie.
There being no further nominations, Miss Burton, Miss Jones, Mr.
Campbell, Mr. Kyle, Mr. Walker, Mr. Hale and Mr. Ritchie were reelected as
members of the Citizens' Services Committee for terms of one year each ending
June 30, 1982, by the following vote:
FOR MISS BURTON, MISS JONES, MR. CAMPBELL, MR. KYLE, MR. WALKER, MR.
HALE AND MR. RITCHIE: Council members Bowles, Butler, Garland, Harvey, Thomas
and Mayor Taylor ............................................................ 6.
(Council member Landis was absent.)
PARKS AND PLAYGROUNDS: The Mayor called to the attention of Council
that the one year terms of Mrs. James R. Alvis, Jr., Mr. M. Carl Andrews, Mr.
Charles N. Freeman and Mr. Robert N. Fishburn as members of the Mill Mountain
Development Committee will expire on June 30, 1981, and called for nominations
to fill the vacancies.
Mr. Thomas placed in nomination the names of Mrs. James R. Alvis, Mr.
M. Carl Andrews, Mr. Charles N. Freeman and Mr. Robert N. Fishburn.
ACTION:
ACTION:
ACTION:
ACTION:
ATTEST:
There being no further nominations, Mrs. Alvis, Hr. Andrews, Mr.
Freem~n and Hr. Fishburn were reelected as um~ber8 of the H~ll Mountain Develop~enl
Committee for ter2s of one year each ending June 30, 1982, by the following
vote:
FORM RS. ALVIS, MR. A~DREWS, MR. FREEFu~N A~D MR. FISHBURN: Council
members Bowles, Butler, Garlamd, Harvey, Thomas amd Mayor Taylor .............. 6.
(Council member !~ndis was absent.)
BUILDINGS: The Mayor advised that pursuant to Ordinance No. 25530
it is necessary for Council to appoint a Property Maintenance Code Appeals
Board, said Board to supercede the Nousing and Bygiene Board, noting that the
Ordinance provides that membership will be composed of a person representimg
real estate and property management, a general contractor, a homaow~er, a register.
ed architect and a renter; whereupon, the Mayor opened the floor for nominations.
Hr. Thomas placed in nomination the name of Hr. Jere D. Jamtson (real
estate and property management), Hr. Stanley G. Breakell, Jr., (general contractoz
M_rs. Margaret S. Whitaker (homeowner) and Mr. Grady P. Gregory (registered
architect).
There being no further nominations, Mr. Jmm~ son was elected for a term
of two years ending June 30, 1983, Mr. Breakell was elected for a term of three
years ending June 30, 1984, Mrs. Whitaker was elected for a term of three years
ending June 30, 1984, and Mr. Gregory was elected for a term of three years
ending June 30, 1984, as members of the Property Maintenance Code Appeals Board,
by the following vote:
FOR MR. JAMISON, MR. BREAKELL, MRS. WHITAKER, AND MR. GREGORY: Council
members Bowles, Butler, Garland, Harvey, Thomas and Mayor Taylor ............. 6.
(Council member Landis was absent.)
PENSIONS: The Mayor called to the attention of Council that the four
year term of Mr. Thomas L. Robertson as a member of the Board of Trustees,
Employees' Retirement System, will expire on June 30, 1981. He also called
attention to a position on the Board which is a rotating position between the
Police Department, the Sanitation Department and the Fire Department, advising
that it is a one year term and it will be necessary to appoint a representative
of the Fire Department for the upcoming one year term; whereupon, the Mayor
opened the floor for nominations.
Mr. Thomas placed in nomination the name of Mr. Thomas L. Robertson.
Dr. Butler placed in nomination the name of Mr. Beverly D. Mitchell.
There being no further nominations, Mr. Robertson was reelected as a
member of the Board of Trustees, Employees' Retirement System, for a term of
four years ending June 30, 1985; and Mr. Mitchell was elected as a member of the
Board of Trustees, Employees' Retirement System, for a term of one year ending
June 30, 1982, by the following vote:
FOR MR. ROBERTSON AND MR. MITCHELL: Council members Bowles, Butler,
Garland, Harvey, Thomas and Mayor Taylor .................................... 6.
(Council member Landis was absent.)
LIBRARIES: The Mayor called to the attention of Council that the
three year terms of M_rs. William Watts, Mrs. Charlotte Sandy and Mr. W. Courtney
King as members of the Roanoke Public Library Board will expire on June 30,
1981, and called for nominations to fill the vacancies.
Mr. Garland placed in nomination the names of Mrs. William Watts, Mrs.
Charlotte Sandy and Dr. Leo Platt.
There being no further nominations, Mrs. Watts and Mrs. Sandy were
reelected and Dr. Platt was elected as members of the Roanoke Public Library
Board for terms of three years each ending June 30, 1984, by the following vote:
FOR MRS. WATTS, MRS. SANDY AND DR. PLATT: Council members Bowles,
Butler, Garland, Harvey, Thomas and Mayor Taylor ............................. 6.
(Council member Landis was absent.)
.There being no further business, the Mayor declared the meeting adjourn~
at 6:00 p.m.
APPROVED
City Clerk
Mayor
28'3
284'
SPECIAL SESSION ...... ROANOKE CIT~ COUNCIL
June 26, 1981
2:00 p.m.
The Council of the City of Roanoke mat in special session in the Council Chamber
in the Mumictpal Building, City of R~anoke, on Friday, June 26, 1981, at 2:00 p.m., with
Mayor Noel C. Taylor presiding.
PRESENT: Council members Elizabeth T. Bowles, Wendell N. Butler, Robert A.
Garland, James G. Harvey, II, Hampton W. Thomas and Mayor Noel C. Taylor .............. 6.
ABSENT: Council member Charles L. Landis ................................... 1.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. Wilburn C. Dlbling, Jr.,
City Attorney; Mr. William X Parsons, Assistant City Attorney; Mr. Joel M. Schlanger,
Director of Finance; and Mrs. Mary F. Parker, City Clerk.
The invocation was delivered by Mayor Noel C. Taylor.
The Pledge of Allegiance to the Flag of the United States of America was led by
Mayor Taylor.
The City Clerk read the following communication from the D~yor calling the
special meeting of Council:
"June 23, 1981
Members of Roanoke City Council
Roanoke
Virginia
Dear Mrs. Bowles and Gentlemen:
Pursuant to Section 10 of the Roanoke City Charter, please be advised that
I am calling a special meeting of the Roanoke City Council on Friday,
June 26, 1981, at 2:00 p.m., in the Roanoke City Council Chamber, to con-
sider the following matters:
(1) Bulk container collection fees
(2) Fee Compendium - June, 1981 and accompanying Ordinances
(3) Cost-of-living increase for Coancil members
Sincerely,
S/ Noel C. Taylor
Mayor Noel C. Taylor
NCT:dw
CC:
Mr. H. B. Ewert, City Manager, Building
Mr. Joel M. Schlanger, Director of Finance, Building
Mr. Wilburn C. Dibling, Jr., City Attorney, Building"
REFUSE COLLECTION: Mrs. Bowles presented a communication expressing
certain concerns pertaining to the bulk container pickup, requesting that
Council reconsider the entire commercial service package and derive a formula
that will be more compatible.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harvey presented a communication expressing the opinion that the
City should provide one free bulk container pickup per week and adjust the
second rate to a fair and equitable figure. For downtown customers, he suggested
that those businesses having am average of ten bags per week or less contim~e
to be picked up free of charge and those using over ten bags per week be charged
the same rate as the second bulk container pickup for other businesses. He
added that if Council agrees with this proposal, it would be suggested that
other businesses receive the one free pickup per week and also contract with
the City for the second pickup, and that the City MAnager be instructed to
adjust his budget accordingly within the projected revenue estimated by this
plan.
(For full text, see communication on file in the City Clerk's Office.)
The Director of Public Works appeared before Council and presented a
bulk container analysis.
(For full text, see analysis on file in the City Clerk's Office.)
Mr. Brady proposed that any business downtown or in a commercial area
with ten bags or less per week would not be charged. He proposed a charge of
$5.00 per week for 11 - 50 bags and $8.00 per week for more than 50 bags.
He said this service would be based upon volume. Mr. Brady made no recommendation
on bulk container collection fees.
285
ACTION:
ACTION:
Ms. Denise Dudley, representing Handy Dump, Incorporated, appeared
before Council and reed a prepared stat~en£ requesting that Council consider
contracting out the city's refuse services, noting that checks will show the
City will receive lower cost quality service and will save considerably on
operation costs.
(For full text, see statement on file in the City Clerk's Office.)
Hr. Bruce Brenner, President, Cycle Systems, Incorporated, appeared
before Council and read a prepared statement.
(For full text, see statement on file in the City Clerk's Office.)
Mr. L. H. Moore, representing the Roanoke Valley Apartment Council,
appeared before the body and addressed the bulk container fee as it relates to
renters, noting that a more equitable way to administer the fee system for renter~
would be to allow a credit of $4.33 per family unit in the building. He suggested
that the City thoroughly investigate the fees prior to imposing the new fees
on July 1, 1981.
Mr. A. L. Trompeter, 5596 Highfields Road, S. W., appeared before
Council and advised that the question before Council is how to treat all taxpayers
equally and stated that trash collection is a fundamental service that the City
should provide for its citizens.
Hr. Vincent S. Wheeler, representing Fast Service Laundry and Cleaning,
appeared before Council and stated that businesses and industries are currently
paying the City a considerable amount of taxes without having to pay additional
charges for trash collection.
Following considerable discussion of the matter, Mr. Harvey reiterated
the suggestion contained in his co~unication.
Mr. Thomas moved that Council go on record leaving the commercial
package as it was prior to adoption of the fiscal year 1981-82 budget, that
the City Manager be requested to review the fees, the costs incurred and what
period of time the system would be left in the status quo, and submit a reco-~en-
dation to Council as to how revenues can be recaptured to balance the budget.
The motion failed for lack of a second.
The Mayor advised that he would like to recess the meeting and during
that time he would like for the Administration to aetermine the shortfall in
revenue to the City, through a $7.50, $9.00 and $11.00 fee for bulk container
collection.
At 4:05 p.m., the Mayor declared the meeting recessed.
At 4:40 p.m., the meeting reconvened in the Council Chamber with
Mayor Taylor presiding and all members of Council present, with the exception
of Mr. Landis.
The Director of Public Works advised that the shortfall in the budget
if the system is left intact as it is presently being operated would be $516,000,
there would be a $335,000 shortfall if an $11.00 fee per pickup is initiated, and
there would be a $394,000 shortfall if a $7,50 fee per pickup is initiated. Mr.
Brady advised that a $20.00 fee per pickup would have to be imposed if the City
is to make up the full amoant of revenue ($550,000 from bulk container collection.
Mr. Brady further advised that there would be a $370,000 shortfall if a $9.00
fee is imposed.
Mr. Garland moved that the City charge $9.00 for each subsequent
pickup and that the $370,000 shortfall in revenue be taken from the capital
account. The motion was seconded by Dr. Butler.
Mr. Thomas offered a substitute motion that Council retain the current
fees for bulk container service for a period of sixty days and that the City
Manager be requested to review the figures provided to Council during 1981-82
budget study as to accuracy and make reco~mendations as to ways of making up
the shortfall in revenue for the sixty day period. The City Manager was further
requested to provide sufficient information in order that Council may set the
bulk container rates for additional pickups, effective at the end of the sixty
day period. The motion was seconded by Mrs. Bowles and adopted.
BUDGET-DIRECTOR OF FINANCE: Council at its regular meeting on Monday,
June 22, 1981, having deferred action on a proposed Fee Compendium, the matter
was again before the body.
(For full text, see City Manager's report a~d Fee Compendium on file in the
City Clerk's Office.)
TRAFFIC: Mr. Harvey offered the following emergency Ordinance making
it a traffic infraction for a person to park, stop or stand a vehicle in a desig-
nated fire lane, providing for a penalty for the same, increasing the penalty
for violations of the parking regulations on the property of Virginia Western
Con~nunity College:
286
ACTION:
ACTION:
ACTION:
(125646) A~ ORDI~LaA~CE amending Section F-105.5,1, Penalty for violations,
of the Fire Prevention Code of the City of Roanoke, as set out in Section 12-18,
Amemtments, of Article II, Fire Prevention Code, of Chapter 12, Fire Prevention
and Protection, adding a new Section 20-74, Parking, stopping or standing in a fire
lane, -r~nding subsections (b)(1) and (e) and adding a new subsection (b)(4) to
Section 20-89, Penalties for unlawful parking, of Article IV, Stopping, Standing
and Parking, of Chapter 20, Motor Vehicles and Traffic, Code of the City of Roanoke
(1979), as amended, making it a traffic infraction for a person to park, stop or
stand a vehicle in a designated fire lane; providing a penalty for the same; increa
ing the penalty for violations of the parking regulations on the property of the
Virginia Western Community College; and providing for an effective date and for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 1.)
Mr, Harvey moved the adoption of the Ordinance, The motion was seconded
by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Thomas and
Mayor Taylor .................................................................. 6.
NAYS: None ........................................................ 0.
(Council member Landis was absent.)
Dr. Butler offered the following emergency Ordinance imposing a fee
in the ~a~imum amount permitted by the State Code upon persons tendering bad
checks to the City:
(#25647) AN ORDINANCE amending and reordaining Section 2-178, Fee
for bad checks tendered to city, of the Code of the City of Roanoke (1979), as
amended, to provide for imposition upon persons tendering bad checks to the
City of a fee in the maximum amount permitted by Section 15.1-29.4, Code of
Virginia (1950), as amendedi and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 2.)
Dr. Butler moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Thomas and
Mayor Taylor ................................................................ 6.
NAYS: None ........................................................ 0.
(Council member Landis was absent.)
DOGS-LICENSES: Mr. Harvey moved that the following Ordinance providing
for fees to be charged for individual dog licenses and for kennels on and after
January 1, 1982, be placed upon its first reading:
(#25648) AN ORDINANCE adding a new section 6-42.1, License fee
imposed, to Chapter 6, Animals and Fowl, Code of the City of Roanoke (1979), as
amended, to provide for fees to be charged for individual dog licenses and for
kennels on and after January 1, 1982; end amending and reordaining Section 6-43,
When tax due and payable, to extend the coverage of Section 6-43 to new Section
6-42.1.
(For full text of Ordinance, see Ordinance Book No. 47, page 6.)
vote:
The motion was seconded by Dr. Butler and adopted by the following
AYES: Council members Bowles, Butler, Garland, Harvey, Thomas and
Mayor Taylor .................................................................. 6.
NAYS: None ........................................................... 0.
(Council member Landis was absent.)
REFUSE COLLECTION: Earlier in the meeting Council agreed that it would
defer imposing new charges for bulk container collection for a period of sixty
days, whereupon, the City Attorney noted that pages 1 and 2 of the Fee Compendium
set forth the new fees, advising that it will be necessary for Council to amend
the Resolution establishing certain fees, rates, assessments and charges to be
levied by the City on and after July 1, 1981, by deleting the new bulk container
fees.
The City Attorney suggested the following amendments to the proposed
Resolution:
FROM: "A RESOLUTION establishing certain fees, rates, assessments
and charges to be levied by the City on and after July 1, 1981."
TO: "A RESOLUTION establishing certain fees, rates, assessments and
charges to be levied by the City on and after July 1, 1981, and suspending the
effect of Resolution No. 25580 and Ordinance No. 25581, both adopted May 11, 1981."
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
FROM: "1. The fees, rates, penalties, assessments and charges set out
in the document labeled Fee Compendium, June, 1981, and attached to the City
Manager's report, dated June 22, 1981, are hereby adopted and established to be
effective on and after July 1, 1981,"
287
TO: "1. The fees, rates, penalties, asseanmonts and charge8 8et out
in the doc-~nt labeled Fee Co~endiua, June, 1981, and attached to the City
Y~nager's report, dated June 22, [98[, are hereby adopted and established to be
effective on and after July [, [98[, except that fees for bulk collection of
garbage she[[ be the ~m~ as those in effect prior to the adoption of Resolution
No. 25580, adopted on May ll, [98[, the operation of such resolution and O~dinanc~
No. 2558l, also adopted May [[, [981, being thereby suspended until further
action of this Council, and there shall be no fee assessed for collection of
individual refuse containers pending further action of this CounciL"
ACTION:
Hr. Thomas moved that Council concur in the amendments above set
forth by the City Attorney. The motion was seconded by Hr. Harvey and adopted.
ACTION:
Hr. Thomas offered the follo~ring Resolution as amended:
(#25649) A RESOLUTION establishing certain fees, rates, assessments
and charges to be levied by the City on and after July 1, 1981, and suspending
Resolution No. 25580 and Ordinance No. 25581, both adopted May 11, 1981.
(For full text of Resolution, see Resolution Rook No. 47, page 3.)
Mr. Thomas moved the adoption of the Resolution as amended. The
motion was seconded by Mr. Harvey and adopted by the follo~rlag vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Thomas and
Mayor Taylor .................................................................. 6.
NAYS: None ...................................................... O.
(Council member Landis was absent.)
ACTION:
COUNCIL: Mr. Thomas moved that Council approve a cost of living pay
increase for Council members com~ensuratewith the six per cent cost of living
increase which was granted to all city employees, effective July 1, 1981, that
future cost of living increases be commensurate with the cost of living increase
granted to all city employees and that they be automatically included in each
fiscal year budget so long as salaries of the Mayor and Council members do not
exceed maximum limits established by State Code, amd that the City Attorney be
instructed to prepare the proper measure. The motion was seconded by Mrs.
Bowles and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Thomas and
Mayor Taylor ................................................................... 6.
NAYS: None .......................................................... 0.
(Council member Landis was absent.)
There being no further business, the Mayor declared the special
meeting adjourned at 5:05 p.m.
APPROVED
City Clerk
Mayor
288
P~V~ULii ~EEKL¥ SESSION .... ROA~Oi~E CITY CO~ICIL
July 13, 1981
7:30 p.m.
The Council of the City of Roanoke met in regular meeting tn the Council Chamber
in the Municipal Building, City of Roanoke, 215 Church Avenue, S. W., on Houday, July 13,
1981, at 7:30 p.m., the regular meeting hour, with Rayor Noel C. Taylor presiding.
PRESENT: Council members Elizabeth T. Bowles, Wendell H. Butler, Robert A.
Garland, James C. Harvey, II, Charles L. l~ndis, N~mpton W. Thomas and ~ayor Noel C.
Taylor ............................................................................. 7.
ABSENT: None ........................................................... 0.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. Wilburn C. Dibling, Jr.,
City Attorney; Mr. Joel M. Schlanger, Director of Finance; and Mrs. Mary F. Parker, City
Clerk.
The invocation was delivered by the Reverend Hill C. Riddle, Pastor, Christ
Episcopal Church.
The Pledge of Allegiance to the Flag of the United States of America was led by
Mayor Taylor.
BID OPENINGS:
ACTION:
ACTION:
PARKS AND PLAYGROUNDS: Pursuant to notice of advertisement for bids
for Garden City Park improvements, said proposals to be received by the City
Clerk until 4:30 p.m., Monday, July 13, 1981, and to be opened and read before
the Council at 7:30 p.m., or as soon thereafter as the matter may be heard on
that date, the Mayor asked if anyone had any questions about the advertisement
for bids and no representative present raising amy 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:
Name Base Bid Alt. No. 1 Alt. No. 2
S. R. Draper Paving Company
Watts and Breakell, Inc.
Acorn Construction Ltd.
John A. Hall & Company, Inc.
Boxley Construction Company
J & H Grading Company, Inc.
~63,293.~5 $23,366.40 $ 2,887.50
70,169.00 26,678.00 2,552.00
73,900.00 24,500.00 3,025.00
76,703.60 24,800.00 1,800.00
82,798.00 23,291.00 2,536.00
89,989.00 27,990.00 2,700.00
Mr. Thomas moved
appointed by the Mayor for
The motion was seconded by
that the bids be referred to a committee to be
tabulation, report and recommendation to Council.
Dr. Butler and unanimously adopted.
The Mayor appointed Messrs. Charles L. Landis, W. Robert Herbert and
Thomas F. Brady as members of the committee.
PUBLIC HEARINGS:
ZONING: Council having held a public hearing on Monday, June 8,
1981, at 7:30 p.m., in the City Council Chamber on the request of C & L Investment
that a tract of land containing 2.486 acres, located on the westerly side of
Garden City Boulevard, at or near the intersection of Crown Point Road, S. E.,
described as Official Tax No. 4190704, be rezoned from C-2, General Commercial
District, to RG-2, General Rasidential District, subject to certain conditions
proffered by the petitioner, the matter was again before the body.
At the public hearing on June 8, in view of certain opposition to the
rezoning, Council referred the request back to the City Planning Commission for
further consideration in an effort to work out a compromise between those for
and those against the rezoning.
In this connection, the City Planning Commission submitted an additional
written report recommending that Council concur in the request.
(For full text, see report on file in the City Clerk's Office.)
Mr. Edward A. Natt, Attorney, representing the petitioner, appeared
before Council in support of the request of his client. He referred to a
communication under date of June 9, 1981, which he wrote to Mr. Thomas N. Key,
Attorney, representing the opponents, following the public hearing on June 8,
1981, inquiring if Mr. Key's clients were going to continue to maintain their
opposition to the rezoning at all stages, if his clients were willing to discuss
any additional conditions to the rezoning request which would eliminate their
objections, and if the answer to the second question was in the affirmative,
Mr. Natt requested that Mr. Key set out any such conditions in writing on or
prior to June 16 in order that he could discuss the conditions with his clients.
ACTION:
With reference to the above letter, Mr. Natt advised that he did not
receive a response fro~Mr. Key until approximately a day before the City
Pl-n-ing Com~ssion hearin8 on July 1, 1981, at which time Mr. Key informed him
that his clients ~ere opposed to the rezoning, period, and therefore, the
matter went back to the City Planning Co~m~ission for further consideration and
the Pl~-ning Co-=~ission asainvoted in favor of the rezonin$,
Mr. Garland ~oved that the following Ordinance be placed upon its
first reading:
(#25683) AN ORDINANCE to amend Sections 36-3 and 36-4, The Code of
the City of Roanoke, 1979, as amended, and Sheet No. 419, Sectional 1976 Zone
Map, City of Roanoke, in relation to zonin8.
(For full text of Ordinance, see Ordinance Book No. 47, page 28.)
The motion was seconded by Dr. Butler.
Mr. Thomas N. Key, Attorney, representing the opponents, appeared
before Council in opposition to the rezoning, advising that the residents
do not want the property rezoned, that they feel construction of condomint,~-
will change the entire character of their neighborhood, and based upon this
reasoning, regardless of what the City Planning Commission reco~ends, they
feel the rezoning should be denied.
Mr. Charles Hancock, President of the Garden City Civic League,
appeared before Council and advised that the Civic League surveyed the co~mmnity
and all but six families are in opposition to the rezoning, noting that the
residents do not want condominium type homes in their area and they are willing
to take a chance hoping that businesses will locate on the boulevard.
At the request of Councilman Thomas, the City Attorney reviewed the
types of businesses that could locate in the area under its current commercial
zoning status, noting that the City would have no control over the location of
these businesses because the property is zoned General Commercial.
If the rezoning is approved, the Mayor inquired if the Homeowners
Association of condominium owners would be willing to appoint a representative
of the Garden City area and a member of the Garden City PTA as members of their
association; whereupon, Mr. Natt advised that he was not certain if they could
be placed on the Board as voting members but assured the Mayor that at least
an ex officio member of the Garden City area would be appointed to the Homeowners
~ssociation.
The Mayor referred to Section 62(5) of the Roanoke City Charter which
provides in part, with respect to zoning amendments:
"Such regulations, restrictions, and boundaries may be from
time to time amended, supplemented, changed, modified, or
repealed. In case, however, of a protest against such
change signed by the owners of twenty per centum or more
either of the area of the lots included in each proposed
change, or of those imediately adjacent in the rear there-
of, or of those directly opposite thereto, such amendment
shall not become effective except by the favorable vote
of five-sevenths of all the members of the Cotmcil."
The Mayor also referred to petitions on file in the City Clerk's Office both in
favor of the rezoning and against the rezoning; whereupon, the City Attorney
advised that eight parcels lie i~ediately adjacent in the rear of the property
proposed to be rezoned and in order for the rezoning to require five affirmative
votes, proof of signature of two property owners in opposition would have to be
shown; whereupon, the Mayor requested that said proof be established by the
City Attorney.
It was noted that the signature of George A. Ellis, Sr., was included
on petitions both in favor of the rezoning and against the rezoning.
(See petitions on file in the City Clerk's Office.)
The following vote was recorded on Ordinance No. 25683 on its first
reading:
AYES: Council members Garland, Landis, Thomas and Mayor Taylor .... 4.
NAYS: Council members Bowles, Butler and Harvey ................... 3.
In view of the petitions on file in the City Clerk's Office and provisi¢
of Section 62(5) of the Roanoke City Charter, the City Attorney advised that he
had taken the position that those who signed the written protest have the
burden of proving same to him, that the outcome of the rezoning must be left
pending until proof has been established, and suggested that Attorneys Natt
and Key meet with him in an effort to resolve the question.
STREETS AND ALLEYS: Pursuant to Resolution 25523 the City Clerk set
a public hearing for Monday, July 13, 1981, at 7:30 p.m., or as soon thereafter
as the matter may be heard, om the request of Robert R. Johnson, Sr., and
Louise M. Johnson, George R. Jones, Jr., and Doris P. Jones, Clarence H. Moses
and Laura M. Moses, and Billy Otto Board and Kathleen B. Board, that that
portion of High Acres Road lying between Westside Boulevard and Shamrock Street,
N. W., be vacated, discontinued and closed, the matter was before the body.
289
'29O
ACT 1 ON:
ACTION:
ACTION:
In this connection, a report of the City ?l~nning Co,-~tsaion reco~-
mending that the request be granted, was before Council.
(For full text, see report on file in the City Clerk's Office.)
No one appearing in opposition to the request, Dr. Butler moved that
the following Ordinance be placed upon its first reading:
(#25650) AN ORDINANCE per~nently vacating, discontinuing and closin8
that portion of High Acres Road lying between Westside Blvd. and Shamrock Street,
in the City of Roanoke, Virginia, as is more particularly described hereinafter.
The motion was seconded by Mr. Harvey and adopted by the following
vote:
AYES: Comncil members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ..................................................... 7.
NAYS: None ......................................................... 0.
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 the City Clerk
set a public hearing for Monday, July 13, 1981, at 7:30 p.m., or as soon
as the matter may be heard, on the request of Mr. John C. Minor, IIIs that all
of that portion of an alley located between Lots 6 and 7, Block 51, Map of
Crystal Spring Land Company, be vacated, discontinued and closed, the matter
was before the body.
In this connection, a report of the City Planning Commission recommend-
ing that Council concur in the request was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Charles N. Dorsey, Attorney, representing the petitioner, appeared
before Council in support of the request of his client.
No one appearing in opposition to the request, Mr. Thomas moved that
the following Ordinance be placed upon its first reading:
(#25651) AN ORDINANCE permanently vacating, discontinuing and closing
all of that portion of an alley between Lot 6 and Lot 7 of Block 51, Map of
Crystal Spring Land Company, as shown on the City Engineer's Map at page 106, in
the City of Roanoke, Virginia, as is more particularly described hereinafter.
The motion was seconded by Mr. Garland and adopted by the following
vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ..................................................... 7.
NAYS: None ...................................................... O.
ZONING: Pursuant to Resolution No. 25523, the City Clerk set a
public hearing for Monday, July 13, 1981, at 7:30 p.m., or as soon thereafter
as the matter may be heard, on the request of Gary Russell Fart and Connie Amos
Fart that property located at 2223-2225 Sanford Avenue, S. W., described as Lot
11, Block 2, Map of Colonial Heights, Official Tax No. 1271111, be rezoned from
RD, Duplex Residential District, to C-i, Office and Institutional District, the
matter was before the body.
In this connection, a report of the City Planning Commission recommend
that Council concur in the request, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. George A. McLean, Jr., Attorney, representing the petitioners,
appeared before Council in support of the request of his clients.
No one appearing in opposition to the request for rezoning, Mr.
Garland moved that the following Ordinance be placed upon its first reading:
(~25652) AN ORDINANCE to amend Sections 36-3 and 36-4, Code of the
City of Roanoke (1979), as amended, and Sheet No. 127, Sectional 1976 Zone Map,
City of Roanoke, in relation to Zoning.
The motion was seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ................................................... 7.
NAYS: None ....................................................... 0.
MASSAGE PARLORS: Council having set a public hearing for Monday,
July 13, 1981, at 7:30 p.m., or as soon thereafter as the matter may be
beard, on the proposed imposition of a $5,000 license tax on each massage
parlor in the City of Roanoke, the matter was before the body.
The City Attorney reviewed the contents of a report to Council under
date of June 8, 1981.
(For full text, see report on file in the City Clerk's Office.)
291
ACTION:
No one appearing in opposition to the matter, Mrs. Bowles moved that
the following Ordinance be plac~d upon its first reading:
(#25653) AN ORDINANCE to amend and reordain Article III, ~
License Taxation, of Chapter 19, License Tax Code, of the Code of the City of
Roanoke (1979), as amended, by the addition of new sections numbered 19-74.1,
Massage parlor, and Section 19-7&.2, Powers and duties of the Commissioner of
Revenue as to massase parlors, the new sections establishing a license tax for
massage parlors, prohibiting issuance of a business license until a massage
parlor permit and appropriate permits for massage technicians have been obtained,
establishing a criminal penalty for operation without payment of such license
tax, a penalty for late payment, providing for equitable relief, and prescrib-
ing the duties and powers of the Co~xissioner of Revenue as to massage parlors;
to provide for a prorated tax for license tax year 1981; and to provide for an
effective date.
The motion was seconded by Mr. Landis and adopted by the following
vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Imndis,
Thomas and Mayor Taylor .................................................... 7.
NAYS: None ...................................................... 0.
CONSENT AGENDA:
ACTION:
ACTION:
ACTION:
ACTION:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the City Council and would be enacted by one
motion in the forms listed on the agenda, and if discussion was desired, that
item would be removed from the Consent Agenda and considered separately. He
noted that there were three requests for Executive Sessions of Council to
discuss personnel matters and terms and conditions of a contract.
MINUTES: Minutes of the regular meeting of Council held on Monday,
June 22, 1981, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mrs. Bowles moved that Council dispense with the reading of the
minutes and that they be approved as recorded. The motion was seconded by Mr.
Garland and aaopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ................................................... 7.
NAYS: None ....................................................... O.
COUNCIL: A communication from the Mayor requesting that Council meet
in Executive Session to discuss a personnel matter, 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. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ...................................................... 7.
NAYS: None ........................................................ O.
YOUTH SERVICES CITIZEN BOARD: A conmmunication from Mr. Julian R.
Moore tendering his resignation as a member of the Youth Services Citizen
Board, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mrs. Bowles moved that Council accept the resignation with regret and
that the co~unication be received and filed. The motion was seconded by Mr.
Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ........................................................ 7.
NAYS: None .......................................................... 0.
TAXES: A communication from Judge E. W. Ballon transmitting a report
of the Board of Equalization for the taxable year of July 1, 1981 to June 30,
1982, 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. Garland amd adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ....................................................... 7.
NAYS: None ......................................................... O.
292
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
COUNCIL: A report of the City Manager requesting an Executive Session
to discuss the te~ms and conditions of a contract, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the request. The motion wa~
seconded by Hr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Tm~dts,
Thomas and Mayor Taylor ................................................... 7.
NAYS: None ...................................................... 0.
COUNCIL: A report of the Director of Finance requesting an Executive
Session to discuss a personnel matter, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the request. The m~tlon was
seconded by Hr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ........................................................ 7.
NAYS: None .......................................................... 0.
AUDITS: A report of the Director of Finance transmitting financial
statements for the Roanoke City School Board for the eleven months ended May
31, 1981, 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. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor .......................................................... 7.
NAYS: None ........................................................... -0.11
PENDING ITEMS: A list of items pending from February 7, 1977, through
June 8, 1981, was before Council.
(For full text, see list on file in the City Clerk's Office.)
Mrs. Bowles moved that the list be received and filed. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ..................................................... 7.
NAYS: None ......................................................... 0.
SCHOOLS: The qualification of Mrs. Jayne H. Thomas and Mr. George W.
Harris, Jr., as Trustees of the Roanoke City School Board for terms of three
years each beginning July 1, 1981, and ending June 30, 1984, was before the
body.
(See Oaths of Office on file in the City Clerk's Office.)
Mrs. Bowles moved that the qualification be received and filed.
The motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ...................................................... 7.
NAYS: None ......................................................... O.
LIBRARIES: The qualification of Dr. Leo Platt as a member of the
Roanoke Public Library Board for a term of three years ending Jane 30, 1984,
was before Council.
(See Oath of Office on file in the City Clerk's Office.)
Mrs. Bowles moved that the qualification be received and filed. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ..................................................... 7.
NAYS: None ........................................................ O.
HOUSING: The qualification of the Reverend Arthur W. Coffey, Jr., as
a member of the Fair Housing Board to fill the unexpired term of Mr. Clark M.
Thomas, resigned, ending March 31, 1983, was before Council.
(See Oath of Office on file in the City Clerk's Office.)
Mrs. Bowles moved that the qualification be received and filed. The
motion was seconded by Mr. Garland and adopted by the following vote:
ACTION:
ACTION:
ACTION:
AYES: Council members B~wles, Butler, Garlamd, Harvey, Lamdis,
Thomas and Mayor Taylor ...............................................
NAYS: None ..................................................... -0.
HOUSING-PLANNING-GRANTS-DOWNTOWN ROANOKE-CEnTURY PROJECT: Mr. Garland
moved that Council hold a public hearing cm the Gainsboro Comprehensive Revitaliza-
tion Plan on Monday, July 27, 1981, at 2:00 p.m., or as soon thereafter as the
matter may be heard; and that Council hold a public hearing to consider applica-
tion by the City for July quarter, 1981, Urban Development Action Grant funds,
in order to provide partial financing for renovation of two buildings in the
downtown area of the City, on Monday, July 27, 1981, at 2:00 p.m., or as soon
thereafter as the matter may be heard. The motion was seconded by Dr. Butler and
unanimously adopted.
NEARING OF CITIZENS UPON PUBLIC MATTERS:
HOUSING-PARKS AND PLAYGROUNDS: Mr. John Bailey, Resident Repre-
sentative of the Lansdowne Park Housing Project, appeared before Council amd
requested that a recreation center and park be located in the Lansdowne Park area
of the City.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Landis moved that the request be referred to the City Manager for
report to Council. The motion was seconded by Mr. Garland and unanimously
adopted.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke City School Board
requesting that certain funds be appropriated to the Roanoke City grant fund as
follows:
"$8,520 to Title IV-C, Individualized Science Instruction
System to provide science mini-courses for high school
students. Expenditures will be totally reimbursed by
federal funds.
$62,496 to P. L. 94-142, Part VI B Flow Through Funds
for education of handicapped students. All expenditures
will be provided by state and federal funds.
$6,000 to Transitional Services for hundicapped students.
All expenditures will be reimbursed by federal funds.
$23,748 to the Roanoke Memorial Hospital Program for
academic instruction for school-age patients. All
expenditures will be reimbursed by state funds.
$34,506 to the Child Development Clinic. All expenditures
will be reimbursed by state funds.
$34,870 to the Bureau of Crippled Children. All expendi-
tures will be reimbursed by state funds.
$92,867 to the Apprenticeship Program to provide instruc-
tion related to on-the-job training. All expenditures will
be reimbursed by state funds and local fees.'~
(For full text, see communication on file in the City Clerk's Office.)
A report of the Director of Finance advising that he has reviewed
the request for appropriations, that all programs are transfers within existing
appropriations, or are 100% reimbursed by State and Federal funds end recommend-
ing that Council concur in the request, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#25654) AN ORDINANCE to amend and reordain certain sections of the
1981-82 Grant Programs Fund Appropriation, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 7.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ....................................................... 7.
NAYS: None ........................................................ O.
293
294
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
BUDGBT-SCHOOLS-GRA~TS: A co_~ication from the Roanoke City School
Board requesting that certain 1980-81 School Board grant funds be reappro-
priated to the city grant fund for 1981-82, was before Council.
(For full text, see co-~mmication on file in the City Clerk's Office.)
In this connection, a report of the Director of Finance regarding the
above communication, advising that on June 22, 1981, Council adopted an Ordinance
authorizing the execution of a contract to perform accounting functions for the
School Board effective with the beginning of the 1982 fiscal year, that prior
to the accounting consolidation, the City included the School Board's accounts
in its accounting system by major categories with the School Board ma/ntaining
the detail accounts within its accounting system, noting that the general fund
portion of the School Board detail accounts have been established within his
budget and accounting systems and School Board grants need to be appropriated
to the City's grant fund on a project-to-date basis in order to provide the
detail information necessary to account for those grants. Mr. Schlanger
that Council adopt an Ordinance appropriating the School Board grant funds to
the City's Grant Fund on a project-to-date basis.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas offered the following emergency Ordinance accomplishing
the recommendation of the Director of Finance:
(#25655) AN ORDINANCE to amend and reordain certain sections of the
1981-82 Grant Programs Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 8.)
Mr. Thomas moved the adoption of the Ordinance. The motion was
seconded by Mr. Landis and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor .................................................. 7.
NAYS: None ...................................................... 0.
Mr. Landis moved that the co~unication from the Roanoke City School
Board be received and filed. The motion was seconded by Mr. Harvey and unanimousl
adopted.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
AIRPORT: The City Manager submitted a written report on the preliminar
engineering report for the proposed 900 foot extension of Runway 23 at Roanoke
Municipal Airport, Woodrum Field, recommending that Council concur with the
preliminary engineering report and authorize the Administration to submit the
report to State and Federal agencies; and authorize the City Administration to
notify Delta Associates to proceed with Phase II, the final design and specifica-
tions of the runway extension, noting that the process will probably take five
to six months and can proceed while the city is awaiting State and Federal
approval of the project.
(For full text, see report on file in the City Clerk's Office.)
The Manager of the Airport presented an oral briefing.
Mr. Garland moved that Council concur in the reco~nnendation. The marion
was seconded by Mr. Landis and unanimously adopted.
ZONING-STATE HIGHWAYS: The City Manager submitted a written report
in regard to the status of the Hershberger Road construction between Cove Road
and Williamson Road.
(For full text, see report on file in the City Clerk's Office.)
The Director of Public Works presented an oral briefing on the project.
Mr. Thomas moved that Council concur generally in the report. The
motion was seconded by Mr. Landis and unanimously adopted.
FLOODS: The City Manager submitted a written report in regard to
converting to the regular flood insurance program from the existing emergency
program.
(For full text, see report on file in the City Clerk's Office.)
The City Engineer presented an oral briefing on the program.
Mr. Garland moved that Council concur in the report and that Council hold
a public hearing at the appropriate time. The motion was seconded by Mrs.
Bowles and unanimously adopted.
ACTION:
ACTION:
ACTION:
HOUSING: The City Manager sub~itted a written report tranmaitting
copy of a report fro~ltr. Earl B. Reynolds, Jr., Chief, Office of Com=~,-tty
Planning, providing a synopsis of the Gainsboro Neighborhood Development Program,
advising that the Plan is the end result of a very exhaustive, citizens-directed
pl--ning process, that the Plan has been adopted by the Gainsboro Project Area
Comittee, Incorporated, and will require a public hearing before Council, and
recom~nding that Council hold a public hearing at its meeting on ltonday, July
27, 1981.
(For full text, see report on file in the City Clerk's Office.)
It was noted that earlier in the meeting Council agreed to hold a
public hearing on the Program on Monday, July 27, 1981, at 2:00 p.m., or as
soon thereafter as the matter may be heard in the Council Chamber.
At 9:40 p.m., the Mayor declared the meeting recessed.
At 9:55 p.m., the meeting reconvened in the Council Ch-mber with Mayor
Taylor presiding and all members of Council present.
ITEMS RECOMMenDED FOR ACTION:
GRANTS-BUDGET-PARKS AND PLAYGROUNDS-HOUSING-CITY PROPERTY: The City
Manager submitted a written report concerning Come,unity Development Block Grant
Funding for the Alexander-Gish House, advising that the Old Southwest Foundation
has requested that the City, through the C.D.B.G. program, invest $25,000.00
in the restoration project, recommending that Council concur in the request and
authorize the City Manager to enter into an agreement, acceptable to the City
Attorney, with the Old Southwest Neighborhood Foundation which will allow the
expenditure of $25,000.00 already budgeted in the Highland Park section of the
1979-80 C.D.B.G. budget for parks and playgrounds improvements, for the Alexander-
Gish house renovation project; and authorize the Director of Finance to establish
a separate account for this program within the City's 1979-80 C.D.B.G. budget.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency Ordinance transferring
$25,000.00:
(#25656) AN OP, DINANCE to amend and reordain certain sections of the
1981-82 Grant Program Fund Appropriation, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 10.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ..................................................... 7.
NAYS: None ........................................................ O.
Mr. Thomas offered the following emergency Ordinance amending the
1979-80 Community Development Block Grant program:
(#25657) AN OF, DINANCE amending the City's Fiscal year 1979-80 Com-
munity Development Block Grant program to provide for partial funding of certain
renovations to the Alexander-Gish House in Highland Park; authorizing the City
Manager or the Assistant City Manager to file appropriate papers, if necessary,
with the United States Department of Housing and Urban Development to effect
such amendment to the City's program; authorizing the City Manager or the
Assistant City Manager to execute a certain agreement with the Old Southwest
Neighborhood Foundation, Inc.; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 10.)
Mr. Thomas moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adoPted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ...................................................... 7.
NAYS: None ........................................................ O.
CITY MARKET: The City Manager submitted a written report advising of
a proposal of the Roanoke Market Association, Incorporated, to manage the
City Market operation, advising that they have requested that the City contract
with their organization to collect curbage fees, and they believe that through
the closer proximity which their organizationwill offer, a greater percentage
of the fees owed to the City can be collected.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis moved that Council meet in Executive Session to discuss a
contractual matter. The motion was seconded by Mr. Harvey and adopted by the
following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor .................................................... 7.
NAYS: None ..................................................... O.
(For further action on this matter, see page 303.)
295-
296
ACTION:
ACTION:
BUDGET-JUVENILE DETENTION HOM~/PROBATION HOUSE: The City Hanager
submitted a written report recon~nding that property located at 1301 Third
Street, S. W., be rented for the purpose of housing and operating the Juvenile
Probation House (Youth Haven), and that $15,OO0.O0 be transferred in connection
therewith,
(For full text, see report on file in the City Clerk's Office.)
Hr. Thomas offered the following emargeney Ordinance transferring
$15,000.00:
(#25658) AN ORDINANCE to amend and reordain certain sections of the
1981-82 General Fund and Capital Projects Ftmd Appropriations, and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 11.)
Mr. Thomas moved the adoption of the Ordinance, The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ..................................................... 7.
NAYS: None .......................................................... 0.
Mr. Thomas offered the following emergency Ordinance authorizing the
(#25659) AN ORDINANCE authorizing the lease by the City of property
at 1301 Third Street, S. W., Roanoke, Virginia for the Juvenile Probation
House; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 11.)
ACTION:
ACTION:
Mr. Thomas moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ....................................................... 7.
NAYS: None ......................................................... O.
JUVENILE DETENTION HOME/PROBATION HOUSE: The City Manager submitted
a written report recommending authorization to purchase kitchen equipment for
use at the Juvenile Probation House (Youth Haven), 1301 Third Street, S. W.,
and that $3,618,00 be appropriated to cover the initial cost.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#25660) AN ORDINANCE to amend and reordain certain sections of the
1981-82 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 12.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomms and Mayor Taylor .................................................... 7.
NAYS: None ..................................................... 0.
BUDGET-PUBLIC ASSISTANCE: The City Manager submitted a w~itten
report recommending a reappropriation of certain funds in the 1980-81 Title
Services budget to the 1981-82 Title XX Services budget, in connection with
provision of certain services determined essential for citizens of the City.
(For full text, see report on file in the City Clerk's Office.)
Mr. ~arvey offered the following emergency Ordinance:
(#25661) AN ORDINANCE to emend and reordain certain sections of the
1981-82 General Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 12.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Landis and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ........................................................... 7.
NAYS: None ........................................................ 0.
ACT ION:
ACTION:
ACTION:
ACTION:
BUDGET-CETA: The City Manager submitted a ~u~itten report recommend-
inS that $38,036.00 be appropriated and $686,543.00 be deappropriated ia cer-
tain accounts in connection with CETA funding for fiscal year 1981.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(t25662) AN ORDINANCE to amend and reordain certain sections of the
1981-82 Fifth District Consortium Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 13.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ............................................... 7.
NAYS: None .................................................... 0.
BUDGET-SEWERS AND STORM DRAINS: The City Manager submitted a written
report recommending authorizatiou to execute an engineering service agreement
in connection with construction of Vinton sewage meter and connection facilities,
and that a Capital Account in the amount of $105,000.00 be established in the
Sewage Treatment Fund with regard thereto.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas offered the following emergency Ordinance:
(#25663) AN ORDINANCE to amend and reordain certain sections of the
1981-82 Sewage Treatment Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 13.)
Mr. Thomas moved the adoption of the Ordinance. The motion was
seconded by Mr. Landis and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, harvey, Lanais,
Thomas and Mayor Taylor ................................................... 7.
NAYS: None ............... 0.
Mr. Thomas offered the following emergency Ordinance:
(#25664) AN ORDINANCE authorizing the appropriate City officials to
execute an engineering agreement in connection with the Vinton Sewage Meter and
Connection Facility Project; providing for funding therefor; and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 14.)
Mr. Thomas moved the adoption of the Ordinance. The motion was
seconded by Mr. Landis and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor .................................................... 7.
NAYS: None ..................................................... 0.
BUDGET-SIDEWALK, CURB AND GUTTER-STREETS AND ALLEYS-PUBLIC WORKS: The
City Manager submitted a written report advising that on June 22, 1981, Council
concurred in the Bid Committee's recommendation that small area street and
sidewalk restoration be performed by Street Maintenance instead of by contractor,
with funding to come from certain accounts which have been established in the
fiscal year 1982 budget, recommending that Council amend the budget by adopting
the appropriate budget Ordinance rearranging the previously approved funding so
that City performed utility cuts are properly accounted for.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance accomplishing
the recommendation of the City Manager:
(#25665) A}I ORDINANCE to amend and reordain certain sections of the
1981-82 General Fund and Water Fund Appropriation Ordinances, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 14.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor .................................................... 7.
NAYS: None ...................................................... O.
297
'298
ACTION:
ACTION:
ACTION:
ACTION:
HOUSING: The City Manager subatttted a w~itten report reco~ending
authorization to extend the Dea~nstration P,~habilitation Program u~til J~e 30,
1982, ~d to exp~d the se~ice area to ~clude ~1 conse~ation areas ~thin
the City.
(For full text, see report on file in the City Clerk's Office.)
Hr. Harvey offered the following emergency Ordinance:
(#25666) A}I ORDINANCE authorizing and providing for an amendment to
the written agreement dated December 3, 1979, between the City of Roanoke and
the City of Roanoke Redevelopment and Housing Authority, as previously m-~nded,
relating to a certain Demonstration Rehabilitation Program, upon certain term~
and conditions; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 15.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Coumcil members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ..................................................... 7.
NAYS: None ...................................................... 0.
BUDGET-SEWERS AND STORM DRAINS: The City Manager submitted a written
report recommending authorization to execute Change Order No. 3 to the contract
with J. P. Turner & Brothers, Inc., for construction of the Cravens - Barnhart
Sewage Collection System, Project I, in the amount of $7,470.00; and that the
Director of Finance be authorized to transfer $4,599.84 from Sewage Lateral
Replacement Account to Cravens - Barnhart Sewage System Project I Construction
Account to provide sufficient funds.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance transferring
funds as requested by the City Manager:
(#25667) AN ORDINANCE to amend and reordaiu certain sections of the
1981-82 Capital Projects Fund Appropriation, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 15.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ............. 7.
NAYS: None .................................................... 0.
Mr. Landis offered the following emergency Ordinance approving issuance
of the change order:
(#25668) AN ORDINANCE approving the City Manager's issuance of
Change Order No. 3, to the City's contract with J. P. Turner & Brothers, Inc.,
for constrnction of Project I of the Cravens-Barnhart Sewage Collection System,
authorized by Ordinance No. 25413, adopted December 8, 1980; and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 16.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ................................................... 7.
NAYS: None ..................................................... O.
GRANTS-DOWNTOWN ROANOKE-CENTURY PROJECT: Mr. Brian Wishneff, Chief
of Economic Development and Grants, appeared before Council and advised of
receipt of Economic Development Administration Grant in the amount of $612,400.00
to partially fund the rehabilitation component of the Roanoke Intermodal Transpor-
tation Terminal Project.
SALE/PURCHASE OF PROPERTY-PARKS AND PLAYGROUNDS: The City Manager
sumitted a written report in regard to acquisition of the Hertz Truck Rental site
on Williamson Road and Wells Avenue, N. E., from Mr. George Tanoff for use as
a city park in the amount of $140,000.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis moved that Council meet in Executive Session to discuss a
real estate matter. The motion was seconded by Mr. Thomas and adopted by the
following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor .................................................... 7.
NAYS: None ...................................................... 0.
ACTION:
ACTION:
ACTION:
CITY ATTORNEY:
AIRPORT-ZONING: The City Attorney submitted a written report transmit-
ting a P~solution expressing the concer~s of the Roanoke City Council to the
Roanoke County Board of Supervisors with respect to the proposed rezoning of a
parcel of land near the end of Pamway 23 at Roanoke Mumicipal Airport, Wo~drum
Field, to permit the construction of 78 tow~house units.
(For full text, see report on file in the City Clerk's Office.)
Hr. Thomas offered the following Resolution:
(#25669) A P~ESOLUTION exq;resaing the concerns of this Council with
respect to an application for rezoning of a parcel of land near the end of
Runway 23, Roanoke Municipal Airport, Woodrum Field, to permit the construction
of 78 townhouse units.
(For full text of Resolution, see Resolution Book No. 47, page 17.)
Hr. Thomas moved the adoption of the Resolution. The motion was
seconded by Hr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor .................................................... 7.
NAYS: None .............. ' ....................................... O,
COUNCIL: The City Attorney submitted a written report advising that
at a special meeting of Council held on June 26, 1981, he was requested to
prepare the proper measure increasing the salaries of the Mayor, Vice-Mayor and
each member of Council by six per cent, an amount representing the across the
board cost of living increase established for all other City officers and
employees, effective July 1, 1981; and further, he was requested to provide in
the same Ordinance for automatic salary increases for the Mayor, Vice-Mayor and
each member of Council in the future by addition of amounts equal to any across
the board cost of living increases established for all other City officers and
employees, provided that the salary of the Mayor, Vice-Mayor and members of
Council shall not exceed the maximum permitted by the Code of Virginia.
Dibliug transmitted an Ordinance accomplishing the wishes of Council.
(For full text, see report on file in the City Clerk's Office.)
Mx. Thomas offered the following emergency Ordinance:
(#25670) AN ORDINANCE providing for the salaries of the Mayor, Vice-
Mayor and members of Council for the fiscal year co~m~encing July 1, 1981, and
succeeding fiscal years, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No, 47, page 17.)
Mr. Thomas moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles a~d adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor .................................... 7.
NAYS: None ................................................... O.
DIRECTOR OF FINANCE:
BUDGET-GRANTS-HOUSING: The Director of Finance submitted a written
report transmitting an Ordinance to decrease appropriation and revenue esti-
mates to the amount actually received by the City of Roanoke Redevelopment and
Housing Authority for parking lot income.
(For full text, see report om file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance accomplishing
the recommendation of the Director of Finance:
(#25671) AN ORDINANCE to amend and reordain certain sections of the
1981-82 Grant Programs Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 18.)
Mrs. Bowles moved the adoption of the Ordinance, The motion was
seconded by MX. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ................................................... 7.
NAYS: None ...................................................... 0.
PENSIONS-SHERIFF: The Director of Finance submitted a written report
advising of necessary amendment to the City Code to permit Sheriff's deputies
and employees who begin their service on and after July 1, 1981, to be included
within the Employees' Retirement System.
(For full text, see report on file in the City Clerk's Office.)
299
300
A~ION:
M~. Harvey offered the followin8 emergency Ordinance:
(#25672) AN ORDINANCE to amend and reordain §22-14, Definitions, of
Article II, Employees' Retirement System, of Chapter 22, Pensions and Retirement,
o£ the Code of the City of Roanoke (1979), as -m~uded, to permit those deputies
and other employees of the Sheriff's Department employed on and after July 1,
1981, to be members of the City Employees' Retirement System; and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 18.)
ACTION:
ACTION:
ACTION:
Hr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Landis and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ....................................... 7.
NAYS: None ................................................ 0.
REPORTS OF CO}g4ITTEES:
SIDEWALK, CURB AND GUTTER: Councilman Thomas, Chairm~n of the committee
appointed by the Mayor to tabulate bids received for new curb and gutter,
sidewalk and entrances on various streets within the Hurt Park, Mountain View
and Harrison sections of the City, submitted a written report recommending that
the low bid of L. H. Sawyer Paving Company, Incorporated, in the amount of
$147,771.25, be accepted.
(For full text, see report on file in the City Clerk's Office,)
Mr. Thomas offered the following emergency Ordinance:
(#25673) AN ORDINANCE accepting a bid and awarding a contract for
curb, gutter, sidewalk, entrance and related work in the Hurt Park, Mountain
View and Harrison sections of the City; authorizing the proper City officials
to execute the requisite contract; rejecting certain other bids made therefor;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 19.)
Mr. Thomas moved the adoption of the Ordinance. The motion was
seconded by Mr. Landis and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ..................................................... 7.
NAYS: None ..................................................... O.
DOWNTOWM ROANOKE-CENTURY PROJECT-BUDGET: Councilman Thomas, Chairm~n
of the committee appointed by the Mayor to tabulate bids received for planting
and related construction of Franklin Road trees, submitted a written report of
the co~ittee recommending that the revised bid of Boxley Construction Company,
in the amount of $51,027.65, and a completion time of 150 consecutive calendar
days be accepted; that $1,972.35 be designated as project contingency; and that
funds be transferred therefor.
(For full text, see report on file in the City Clerk's Office.)
The City Manager submitted a written report recommending approval of the
above report, and that the project begin with an appropriate ground breaking
ceremony.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas offered the following emergency Ordinance:
(#25674) AN ORDINANCE to amend and reordain certain sections of
the 1981-82 Capital Projects Fund Appropriation, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 20.)
Mr. Thomas moved the adoption of the Ordinance. The motion was
seconded by Mr. Landis and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................ 7.
NAYS: None ......................................................... O.
Mr. Thomas offered the following emergency Ordinance accepting the
bid of Boxley Construction Company:
(#25675) AN ORDINANCE providing for the implementation of Century
Project 12-92 and the purchase of certain items necessary for other Century
Projects, upon certain terms and conditions, by accepting the lowest bid made
to the City; authorizing execution of the requisite contract; rejecting certain
other bids; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 20.)
~.CTION:
ACTION:
ACTION:
ACTION:
Hr. Thomas ~oved the adoption of the Ordinance. The ~otion was
seconded by Hr. Landis and adopted by the following vote:
AYES: Council ~e~bers Bowles, Butler, Garland, Harvey, Tmndis,
Thomas and Mayor Taylor ......................................... 7.
NAYS: None .................................................... -0.
Hr. Landis moved that Council concur in the City Manager's report.
The motion was seconded by Hr. Thomas and unanimously adopted.
WATER DEPARTMENT: Counci]m-~ Thomas, Chairman of the committee
appointed by the Mayor to tabulate bids received for cleaning and painting the
exterior and interior of Grandin Court Tank #1, submitted a written report of
the committee recommending that the low bid of Steel and Tank Service Company,
in the amount of $19,300.00, and a completion time of 30 calendar days, be
accepted.
(For full text, see report on file Jn the City Clerk's Office.)
Hr. Thomas offered the following emergency Ordinance accepting the
bid of Steel and Tank Service Company:
(#25676) AN ORDINANCE accepting the bid of Steel and Tank Service
Company, for cleaning and painting Grandin Court Tank No. 1, 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. 47, page 21.)
Mr. Thomas moved the adoption of the Ordinance. The motion was
seconded by Hr. Landis and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ................................................... 7.
NAYS: Nome ....................................................... O.
BUDGET-SEWERS AND STORM DRAINS: Councilman Thomas, Chairman of the
co-m,~tt~e appointed by the I.~yor to tabulate bids received for a closed cooling
system for blower and pump engines at the Sewage Treatment Plant, submitted a
written report of the committee recommending that the low bid of Valley Air
Conditioning Corporation, in the amount of $84,720.00, and a completion time of
145 calendar days, be accepted; that a $4,280.00 contingency fund be estab-
lished; and that funds be appropriated therefor.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas offered the following emergency Ordinance appropriating
$89,000.00 to Buildings and Property, Maintenance, General Operating, of the
1981-82 Sewage Treatment Fund Appropriation Ordinance:
(#25677) AN ORDINANCE to amend and reordain certain sections of the
1981-82 Sewage Treatment Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 21.)
Mr. Thomas moved the adoption of the Ordinance. The motion was
seconded by Mr. Landis and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ................................................... 7.
NAYS: None ................................................... O.
Mr. Thomas offered the following emergency Ordinance accepting the
bid of Valley Air Conditioning Corporation:
(#25678) AN ORDINANCE providing for the construction of a Closed
Cooling System for Blower and Pump Engines at the Sewage Treatment Plant, upon
certain terms and conditions, by accepting the lowest bid mede to the City;
authorizing execution of the requisite contract; rejecting a certain other bid;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 22.)
Mr. Thomas moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ................................................. 7.
NAYS: None ..................................................... O.
302
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
BDDGET-PA~ AND PLAYGROUNDS: Counctlm~n Thomas, Chatrm~n of the
committee appointed by the Hayor to tabu/ate bide received for providing and
installing a new eight foot high chain link fence at Veterans Park, N. W.,
subm/tted a written report of the committee rec~ndtn$ that the low bid of
Powers Pence Company, Incorporated, in the amount of $21,549.00, and a comple-
tion time of 30 calendar days, be accepted; that a contingency fund of $451.00
be established; and that funds be transferred therefor.
(For full text, see report on file in the City Clerk's Office.)
Thomas offered the following ~rgency Ordinance:
(#25679) AN ORDINANCE to amend and reordatn certain sections of the
1981-82 Capital Projects Fund Appropriations, and providing for an emergency.
(For full text of Ordinance~ see Ordinance Book No. 47, page 22.)
Mr. Thomas moved the adoption of the Ordinance. The motion was
seconded by Mr. Landis and adopted by the following vote:
AYES: Council mombers Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor .................................................. 7.
NAYS: None ...................................................... 0.
Mr. Thomas offered the following emergency Ordinance accepting the
bid of Powers Fence Company, Incorporated:
(#25680) AN ORDINANCE providing for the installation of an eight
foot high chain link fence at Veterans Park, upon certain terms and conditions,
by accepting the lowest bid made to the City; authorizing execution of the
requisite contract; rejecting one other bid; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 23.)
Mr. Thomas moved the adoption of the Ordinance. The motion was
seconded by Mr. Landis and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor .................................................. 7.
NAYS: None ................................................... O.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
HOUSING-BUILDINGS-HEALTH DEPARTMENT: Ordinance No. 25624 amending
the City Code to establish a voluntary program for the issuance of occupancy
permits to owners of property in specified areas of the City when such property
is found to be in compliance with the Property Maintenance Code of the City of
Roanoke and certain other applicable codes and standards, having previously
been before the Council for its first reading on Monday, June 22, 1981, 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:
(#25624) AN ORDINANCE to amend Chapter 16, Housing, Code of the City
of Roanoke (1979), as amended, to provide for a new article, Article IV,
Occupancy Permits, establishing a voluntary program for the issuance of occupancy
permits to owners of property in specified areas of the City when such property
is found to be in compliance with the Property Maintenance Code of the City of
Roanoke and certain other applicable codes and standards.
(For full text of Ordinance, see Ordinance Book No. 47, page 3.)
Hr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor .............................................................. 7.
NAYS: None .......................................................... O.
DOGS-LICENSES: Ordinance No. 25648 amending the City Code ro provide
for fees to be charged for individual dog licenses and for kennels on and after
January 1, 1982, having previously been before the Council for its first reading
on Friday, June 26, 1981, 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:
(#25648) AN ORDINANCE adding a new section 6-42.1, License fee
imposed, to Chapter 6, Animals and Fowl, Code of the City of Roanoke (1979), as
amended, to provide for fees to be charged for individual dog licenses and for
kennels on and after January 1, 1982; repealing Section 6-42, Tax tmposed,
effective January 1, 1982; and amending and reordaining Section 6-43, When tax
due and payable, to extend the coverage of Section 6-43 to new Section 6-42.1.
(For full text of Ordinance, see Ordinance Book No. 47, page 6.)
ACTION:
ACTION:
ACTION:
ACTION:
ATTEST:
Hrs. Bo~les moved the adoption of the Ordinance. The motion~a$
seconded by Dr. Butler and adopted by the follo~ring vote:
AYES: Council members ~owles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ................................................
NAYS: None ............................................. O.
HOTIONS AND HISCET~:*~NEOUS BUSINESS:
INQUIRIES AND/OR CO~fl4ENTS BY THE HAYORA~D HE~E~ OF COUNCIL: NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 10:30 p.m., the Hayor declared the meeting recessed.
At 11:40 p.m., the meeting reconvened in the Council Chamber with
Mayor Taylor presiding and all members of Council present.
PERSONNEL: The Mayor called to the attention of Council that there
is a vacancy on the Personnel and Employment Practices Commission for a term of
three years ending June 30, 1984, and called for nominations to fill the vacancy.
Hr. Landis placed in nomination the nmm~ of Hr. Joseph C. Crutchfield.
There being no further nominations, Hr. Crutchfield was elected as a
member of the Personnel and Employment Practices Commission for a term of three
years ending June 30, 1984, by the following vote:
FOR MR. CRUTCHFIELD: Council members Bowles, Butler, Garland, Harvey,
Landis, Thomas and Mayor Taylor ............................................... 7.
PENSIONS: Dr. Butler offered the following emergency Ordinance
authorizing the Director of Finance to make certain transfers of funds to the
ICMA Retirement Corporation on behalf of certain City officers:
(#25681) AN ORDINANCE authorizing the Director of Finance to make
certain transfers of funds to the ICMA Retirement Corporation on behalf of
certain City officers; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 23.)
Dr. Butler moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor .................................................. 7.
NAYS: None ........................................................ 0.
MARKET: Earlier in the meeting Council considered a report of the
City Mmnager in regard to contractingwith the Roanoke Market Association,
Incorporated (RAMA), to collect curbage fees at the City Market, Mrs. Bowles
offered the following emergency Ordinance:
(#25682) AN ORDINANCE authorizing the appropriate City officials, on
the City's behalf, to enter into a contract with Roanoke Area Market Association,
Inc., for the mm~agement of the Roanoke City Market and providing for an
emergency.
(For full text' of Ordinance, see Ordinance Book No. 47, page 24.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor .................................................... 7.
NAYS: None ..................................................... 0.
There being no further business, the Mayor declared the meeting
adjourned at 11:45 p.m.
APPROVED
City Clerk
Mayor
303
3O4
REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL
July 27, 1981
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the Council Chamber
in the Hunicipal Building, City of Roanoke, on Honday, July 27, 1981, at 2:00 p.m., the
regular meeting hour, with Mayor Noel C. Taylor presiding.
PRESENT: Council members Wendell H. Butler, Robert A. Garland, James G. Harvey,
II, Charles L. Landis, Hampton W. Thomas, Elizabeth T. Bowles and Mayor Noel C. Taylor--7.
ABSENT: None ............................................................... 0.
OFFICERS PRESENT: Mr. Sam H. McGhee, III, Assistant City Manager; Mr. Wilburn C.
Dibling, Jr., City Attorney; Mr. William X Parsons, Assistant City Attorney; Mr. Joel M.
Schlanger, Director of Finance; and Mrs. Mary F. Parker, City Clerk.
The invocation was delivered by Mayor Noel C. Taylor.
The Pledge of Allegiance to the Flag of the United States of America was led by
Mayor Taylor.
BID OPENINGS:
ACTION:
ACTION:
CITY MARKET-DOWNTOWN ROANOKE-STREETS A~D ALLEYS: Pursuant to notice of
advertisement for bids for farmers' stalls and First Street improvements, said
proposals to be received by the City Clerk until 1:30 p.m., Monday, July 27,
1981, and to be opened and read before the Council at 2:00 p.m., on that date,
or as soon thereafter as the matter could be heard, the Mayor inquired 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:
Name Base Bid Alt. A Alt. B Alt. C
Watts and Breakell,
Incorporated
Boxley Construction
Company
Acorn Construction Co.
Ltd.
Thor, Incorporated
H & S Construction
Company
Hodges Lumber Corporation
$177,000.00 $29,000.00 $10,900.00 $2,860.00
193,730.00 28,186.00 7,722.00 2,850.00
194,870.00 29,900.00 11,100.00 2,900.00
195,700.00 27,670.00 7,775.00 2,860.00
(Deduct $3,000.00 from Base Bid; deduct cost of
building permit if not required)
226,790.00 31,350.00 10,950.00 4,400.00
243,621.00 28,862.00 15,257.00 2,800.00
Mr. Thomas moved that the bids be referred to a comtttee to be appointe
by the Mayor for tabulation, report and recommendation to Council. The motion
was seconded by Dr. Butler and unanimously adopted.
The Mayor appointed Messrs. Charles L. Landis, ChairmAn, Kit B. Kiser
and T. F. Brady as members of the committee.
COUNCIL: Mr. Harvey moved that Council meet in Executive Session to
discuss the terms and conditions of a contract. The motion was seconded by Mr.
Landis and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor ............................................................ 7.
NAYS: None ........................................................ 0.
At 2:15 p.m., the Mayor declared the meeting recessed.
At 2:30 p.m., the meeting reconvened in the Council Chamber with all
members of Council present, Mayor Taylor presiding.
PUBLIC HEARINGS:
HOUSING-PLANNING: Council having authorized the City Clerk to set a
public hearing for Monday, July 27, 1981, at 2:00 p.m., or as soon thereafter as
the matter could be heard, to consider the Gainsboro Comprehensive Revitalization
Plan, the matter was before the body.
3O5
ACT I ON:
ACTION:
A report of the City Planning Co-~t~aion recommending that Council
adopt a Resolution which will approve and support the Comprehensive Revitaliza-
tion Plan for Gainsboro; authorize the expenditure of funds already appropriated
for the Gainsboro project to support the 1981-82 action projects outlined in the
Comprehensive Revitalization Plan for Gainsboro; and authorize the City Manager
to execute an administrative agreement with the Gainsboro PAC to continue its
involvement in the implementation of the Plan. The agreement shall relate to the
organization of working Stoups in the neighborhood, the hirin8 of a PAC Ad~tnist
tot, establishing a Neighborhood Development Corporation, and retaining t
services deemed necessary to carry out the Plan, and said agreement shall have a
termination date of June 30, 1982, and be in a form acceptable to the City
Attorney. The fees or costs associated with said agreement will come from funds
already budgeted for Gainsboro in fiscal year 1981-82.
(For full text, see report on file in the City Clerk's Office.)
A further report of the City Planning Commission endorsin8 the concepts
embodied in the proposed Land Use Alternatives for Gainsboro and encouraging
Council to support the financial program to the extent possible, was before the
body,
(For full text, see report on file in the City Clerk's Office.)
A Resolution adopted by the Board of Commissioners of the City of
Roanoke Redevelopment and Housing Authority expressing support of the imple-
mentation of the Comprehensive Revitalization Plan for the Gainsboro co~unity,
was before the body.
(For full text, see Resolution on file in the City Clerk's Office.)
The Reverend Kenneth B. Wright, Co-Chairman, Gainsboro Program Area
Citizens Committee, appeared before Council and spoke in support of the Plan.
Mr. Frank Cox, representing the firm of Cox, McKee and Okerlund, Char-
lottesville, Virginia, appeared before Council and presented an oral briefing on
the Revitalization Plan.
No other citizen wishing to address the matter, Dr. Butler offered the
following Resolution:
(#25684) A RESOLUTION approving the Comprehensive Neighborhood Revital-
ization Plan for the Gainsboro Project Area and expressing the commitment of this
Council to implement such Plan in FY 1981-82.
(For full text of Resolution, see Resolution Book No. 47, page 29.)
Dr. Butler moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor ............................................................... 7.
NAYS: None .......................................................... 0.
Dr. Butler offered the following emergency Ordinance:
(#25685) AN ORDINANCE authorizing and directing the City Manager to
execute an agreement by and between the City of Roanoke and Gainsboro Project
Area Committee, Inc., pertaining to the implementation of the Comprehensive
Revitalization Plan for Gainsboro, subject to certain terms and conditions; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 30.)
Dr. Butler moved the adoption of the Ordinance. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor .............................................................. 7.
NAYS: None ......................................................... 0.
At 3:15 p.m., the Mayor declared the meeting recessed.
At 3:30 p.m., the meeting reconvened in the Council Chamber with all
members of Council present, Mayor Taylor presiding.
PLANNING-GRANTS: Council having authorized the City Clerk to set a
public hearing for Monday, July 27, 1981, at 2:00 p.m., or as soon thereafter as
the matter could be heard, to consider an application by the City of Roanoke for
July Quarter, 1981, Urban Development Action Grant funds in order to provide
partial financing for renovation of two buildings in the downtown area of the
City, the matter was before the body.
A report of the City Planning Commission recommending that Council
authorize the City Manager to file a UDAG application with HUD, by adoption of
the appropriate resolution conditioned upon receipt by the City by 5:00 p.m.,
July 30, 1981, of a signed agreement to purchase the Colonial Arms Building
conditioned upon award of an Urban Development Action Grant to the City of
Roanoke; letter of intent by provider of financing; and letter of intent from
developer which unequivocably corm~fts them to spending a minimum of $2,000,000
306
ACTION:
for purchase and renovation of the Colonial Arms building and states their prepar~
edness to sign a legally binding cow~!tment to do 8o, contingent upon UDAG award,
was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Brian Wishneff, Chief of Economic Development and Grants, appeared
before Council and presented a briefing in connection with the matter.
No one present wishing to address the Council concerning the matter,
Hrs. Bowles offered the following Resolution:
(#25686) A RESOLUTION authorizing the City Manager or Assistant City
Manager to make application to the United States Department of Rousing and Urban
Development for an Urban Development Action Grant in connection with the proposed
purchase and renovation of the Colonial Arms Building in the downtown area of the
City.
(For full text of Resolution, see Resolution Book No. 47, page 30.)
Hrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor ............................................................... 7.
NAYS: None .......................................................... O.
CONSENT AGENDA:
ACTION:
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The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the City Council and wouldbe enacted by one motion
in the forms listed on the agenda, and if discussion was desired, that item would
be removed from the Consent Agenda and considered separately. He noted that
included on the Consent Agenda were requests to discuss matters of potential
litigation and personnel matters.
COUNCIL: An oral request of the Mayor for an Executive Session to
discuss a personnel matter, was before Council.
Mrs. Bowles moved that Council concur in the request. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor ............................................................... 7.
NAYS: None ......................................................... O.
MINUTES: Minutes of the special meeting of Council held on Friday,
June 26, 1981, and the regular meeting of Council held on Monday, July 13, 1981,
were before the body.
(For full text, see Minutes on file in the City Clerk's Office.)
Hrs. Bowles moved that Council dispense with the reading of the
minutes and that the minutes be approved as recorded. The motion was seconded by
Dr. Butler and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor ............................................................. 7.
NAYS: None .................................................
YOUTH SERVICES CITIZEN BOARD: A communication from Ms. Ellen Lawrence
tendering her resignation as a member of the Youth Services Citizen Board, was
before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mrs. Bowles moved that the resignation be accepted with regret and that
the communication be received and filed. The motion was seconded by Dr. Butler
and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor ............................................................... 7.
NAYS: None .......................................................... O.
COUNCIL: A report of the City Attorney requesting an Executive Session
to discuss three matters of potential litigation, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the request. The motion was
seconded by Dr. Butler and adopted by the following vote:
ACT ION:
ACTION:
ACTION:
ACTION:
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AYES: Council members Butler, Garland, Marvey, Landis, Thomas, Bowles
and Mayor Taylor ............................................................... 7.
NAYS: None ......................................................... O.
COUNCIL: A report of the Director of Flmunce requesting au Executive
Session to discuss a personnel matter, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the request. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor ........................................................... 7.
NAYS: None ....................................................... 0.
DIRECTOR OF FINANCE: A report of the Director of Finance transmitting
statistics as related to the Billings and Collections operations for the period
April through June, 1981, 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 Dr. Butler and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor ................................................................. 7
NAYS: None ........................................................... 0][
PENSIONS: The qualification of Mr. Beverly D. Mitchell as a member of
the Board of Trustees, Employees' Retirement System, for a term of one year
ending June 30, 1982, was before Council.
(See Oath of Office on file in the City Clerk's Office.)
Mrs. Bowles moved that the qualification be received and filed. The
motion was seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and }~ayor Taylor ............................................................. 7.
NAYS: None ......................................................... 0.
YOUTH SERVICES CITIZEN BOARD: The qualification of Mr. Vincent T.
Basils as a member of the Youth Services Citizen Board for a term of three years
ending May 31, 1984, was before Council.
(See Oath of Office on file in the City Clerk's Office.)
Mrs. Bowles moved that the qualification be received and filed. The
motion was seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor ............................................................ 7.
NAYS: None ........................................................ O.
LIBRARIES: The qualification of Mrs. Elizabeth B. Watts as a member of
the Roanoke Public Library Board for a term of three years ending 3une 30, 1983,
was before Council.
(See Oath of Office on file in the City Clerk's Office.)
Mrs. Bowles moved that the qualification be received and filed.
The motion was seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor ................................................................ 7
NAYS: None .......................................................... 0.
BUILDINGS: The qualification of Mr. Jere D. Jamison for a term of two
years ending June 30, 1983, and Messrs. Grady P. Gregory, Jr., and Stanley G.
Breakell, Jr., for terms of three years each ending June 30, 1984, as members of
the Property Maintenance Code Appeals Board, was before Council.
(See Oaths of Office on file in the City Clerk's Office.)
Mrs. Bowles moved that the qualification be received and filed. The
motion was seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor .............................................................. 7.
NAYS: None ......................................................... O.
307
308
A~TION:
ACTION:
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PLANNING: The qualification of Messrs. Charles L. Landis and J. T.
Hopkins, Jr., as members of the Fifth Planning District Com~asion for terms of
three years each ending June 30, 1984, was before Council.
(See Oaths of Office on file in the City Clerk's Office.)
Mrs. Bowles moved that the qualification be received and filed. The
motion vas seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor ............................. - ................................
NAYS: None ......................................................... 0.
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MaTTERS: NONE.
PETITI0~S AND COI~4UNICATIONS:
BUDGET-COUNCIL: A communication from Councilman Hampton W. Thomas
suggesting that one member of Council be assigned to monitor a specific portion
of the budget during the fiscal year; viz: education, human development, public
safety and justice, physical development, administration, finance and employee
benefits, and enterprise funds, that the Mayor be ex-officio to advise in each
category and in this way he would have an overview of the entire budget at all
times, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Landis moved that action on the matter be deferred until the
Financial and Planning Session of Council on Monday, September 21, 1981. The
motion was seconded by Hr. Thomas and unanimously adopted.
BUDGET-SCHOOLS: A communication from the Roanoke City School Board
requesting certain transfers necessary for implementation of the consolidation
contract, as follows:
From
Clerical Personnel
Retirement
Social Security
Hospitalization
State Group Life Insurance
$ 44,460.00
5,481.12
2,974.37
1,200.00
453.60
$ 54,569.09
To
Applicable accounts for salary and fringe
benefits of the City Director of Finance
$ 54,569.09
(For full text, see communication on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#25687) AN ORDINANCE to amend and reordain certain sections of the
1981-82 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 30.)
Mr. Landis moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor .............................................................. 7.
NAYS: None ......................................................... 0.
BUDGET-CLERK OF CIRCUIT COURT: A communication from Miss Patsy Testermal
Clerk of the Circuit Court, requesting that $13,600.00 be appropriated for the
purpose of obtaining a computerized combined printout of the deed and Judgment
lien docket indexes, was before Council.
(For full text, see con~nunication on file in the City Clerk's Office.)
Hr. Thomas offered the following emergency Ordinance:
(#25688) AN ORDINANCE to amend and reordain certain sections of the
1981-82 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 31.)
ACTION:
ACTION:
Hr. Thomas moved the adoption of the Ordinance. The motion was seconded
by Hr. Harvey and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor .............................................................. 7.
NAYS: None ........................................................... 0.
AIRPORT: Resolution No. 651 adopted by the Council of the Town of
Vinton on July 7, 1981, encouraging approval, support and assistance for the
proposed 900 foot runway extension at Roanoke Municipal Airport, Woodrum Field,
was before Council.
(For full text, see Resolution on file in the City Clerk's Office.)
Hr. Harvey moved that the Resolution be received and filed. The motion
was seconded by Mr. Thomas and unanimously adopted.
Hr. Thomas moved that the Mayor or the Assistant City Manager be request-
ed to contact the Chairman of the R~anoke County Board of Supervisors to propose
that the City send a representative to the Board of Supervisors' meeting on
Tuesday, July 28, 1981, to explain the technicalities of the airport runway
extension, and the purpose of Council's Resolution No. 25669 expressing concern
over the proposed rezoning of property in the vicinity of the airport for town-
houses. The motion was seconded by Mr. Harvey and unanimously adopted.
The Reverend Leroy C. Roberts, 3625 Rolling Hill Avenue, N. W., appeared
before Council and spoke in support of Mr. Thomas' motion.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS REC(IMMENDED FOR ACTION:
JAIL-PRISONERS: The City Manager submitted a written report recommendin
approval of certain City Code changes necessary for implementation of the City
(Prisoner) Work Force, noting that on November 24, 1980, a report was submitted
to Council asking for approval of the concept of establishing an Alternative
Sentencing Program, in lieu of fines and jail sentences, that a public hearing be
held on December 8, 1980, and that the General Assembly be requested to make
necessary changes in the City Charter to permit implementation of this program.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#25689) AN ORDINANCE amending the Code of the City of Roanoke (1979),
as amended, by enacting new Section 1-17, City work force - established, Section
1-18, Maximum number of participants, Section 1-19, Supervision, management and
control, and Section 1-20, Report of completion of program, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 32.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Hr. Thomas and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor ............................................................. 7.
NAYS: None ......................................................... 0.
Judge Edward S. Kidd, Jr., Chief Judge, General District Court, appeared
before Council and expressed appreciation for the assistance of city staff on the
matter.
HOUSING: The City Manager submitted a written report recommending
removal of City imposed restrictions against considering existing houses in good
condition for a ¥irginia Housing Development Administration loan under the Urban
Preservation and Infill Program.
(For full text, see report on file in the City Clerk's Office.)
Mr. Everett Flippin, Realtor, appeared before Council and read a communi
cation from Ms. Sharon Brown addressed to Mr. Earl B. Reynolds, Chief of Community
Planning, requesting that a house she wishes to purchase located at 1229 Buena
Vista Boulevard, S. E., be considered by the City for a V.H.D.A. loan under the
Urban Preservation and Infill Program. He stated that he would like for as
many houses as possible in the Roanoke area to be rehabilitated and purchased
under this program.
(See communication from Ms. Brown on file in the City Clerk's Office.)
309
3'~0
ACTION:
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ACTION:
Mr. landis moved that Council concur in the City Manager's reco~mendatiol
The motion was seconded by Mr. Harvey and unanimously adopted.
HOUSING-PLANNING-GRANTS: The City Manager submitted a written report
concerning a Co-~unity Development Block Grant Aaministrative Contract between
the City and the City of Roanoke Redevelopment and Mousing Authority, recommending
that the City Manager be authorized to execute an administrative agreement with
the RRHA to implement certain portions of the City's fiscal year 1981-82 C.D.B.G.
program in a form acceptable to the City Attorney and within the financial limits
already set by Council at its June 22, 1981 meeting.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler offered the following emergency Ordinance:
(#25690) AN ORDINANCE authorizing 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 1981-82, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 32.)
Dr. Butler moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles,
and Mayor Taylor .............................................................. 7.
NAYS: None ......................................................... 0.
The Reverend Leroy C. Roberts, 3625 Rolling Hill Avenue, N. W., appeared
before Council and expressed his views on implementation of the program.
BUDGET-SEWERS AND STORM DRAINS: The City Manager submitted a written
report recommending that he be authorized to enter into twelve engineering contrac!
in connection with the design of certain storm drain projects with Mattern and
Craig/Lumaden and Associates; T. P. Parker and Son; Hayes, Seay, Mattern and
Mattern; Delta Associates, Incorporated; and Anderson and Associates, Incorporated.
at a total cost of $279,934.00.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#25691) AN ORDINANCE to amend and reordain certain sections of the
1981-82 Capital Projects Fund Appropriation, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 33.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was seconde
by Mr. Thomas and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor ............................................................... 7.
NAYS: None ......................................................... 0.
Mrs. Bowles offered the following emergency Ordinance:
(#25692) AN ORDINANCE authorizing the City Manager to enter into
twelve engineering contracts in connection with the design of certain storm drain
projects; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 33.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor ............................................................ 7.
NAYS: None ....................................................... 0.
BUDGET-INTERMODAL TRANSPORTATION TERMINAL-GRANTS: The City Manager
submitted a written report recommending that $6,150.00 used for parcel identifica-
tion, appraisal and options on properties purchased for the Intermodal Transporta-
tion Center, be transferred back to the Capital Improvement Reserve - Post Office
Renovation Account.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas offered the following emergency Ordinance:
(#25693) AN ORDINANCE to amend and reordain certain sections of the
1981-82 Capital Projects Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 34.)
ACTION:
ACTION:
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ACTION:
Mr. Thomas moved the adoption of the Oxdinance. The motion was seconded
by Mr. Landis and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor .............................................................. 7.
NAYS: None ......................................................... O.
GRANTS-INTEP~MODAL TRANSPORTATION TEILMINAL: The Assistant City Mamager
submitted a written report of the City Manager recommending authorization to
accept an Economic Development Administration Grant in the ammunt of $612,400.00
to partially fund the rehabilitation component of the Roanoke Intermodal Transpor-
tation Terminal Project, and that funds be appropriated therefor.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following Resolution:
(#25694) A RESOLUTION authorizing acceptance of a certain grant from
the United States Economic Development Administration; and authorizing the appro-
priate City officials to execute the City's acceptance of the aforesaid grant
offer on behalf of the City and to agree on behalf of the City of Roanoke that
the City will comply with the terms and conditions of the grant agreement.
(For full text of Resolution, see Resolution Book No. 47, page 34.)
Mr. Landis moved the adoption of the Resolution. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor .............................................................. 7.
NAYS: None ........................................................ O.
Mr. Garland offered the following emergency Ordinance:
(#25695) AN ORDINANCE to amend and reordain certain sections of the
1981-82 Capital Projects Fund Appropriation, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 35.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor ................................................................ 7.
NAYS: None ............................... , ........................... O.
BUDGET-CETA: The Assistant City Manager submitted a written report
of the City Manager recomending that $368,831.00 be added to the 1981 CETA
Summer Youth Employment Program for a total approved amount of $541,578.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency Ordinance:
(#25696) AN ORDINANCE to amend and reordain certain sections of the
1981-82 Fifth District Consortium Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 35.)
Mr. Harvey moved the adoption of the Ordinance. The motion was seconded
by Dr. Butler and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor ............................................................... 7.
NAYS: None .......................................................... O.
BUDGET-PUBLIC ASSISTANCE: The Assistant City Manager submitted a written
report of the City Manager recommending that $14,299.42 be appropriated to the
Title XX Services budget to provide funds in connection with the purchase of
certain services determined to be essential for City citizens.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#25697) AN ORDINANCE to amend and reordain certain sections of the
1981-82 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 36.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
311
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AYES: Council members Butler, Garland, Harvey, l~-dis, Thomas, Bowles
and Hayor Taylor ............................................................ 7.
NAYS: None ........................................................ 0.
BUDGET-LIB~IES-GRA~TS: The Assistant City Manager submitted a written
report of the City Manager recommending that $2,131.00 representing additional
state funds be appropriated to the Library budget, and that authorization be
given for execution of necessary State Library doc-m~nts.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#25698) AN ORDINANCE to amend and reordain certain sections of the
1981-82 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 36.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was seconde¢
by Mr. Garland and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor ................................................................ 7.
NAYS: None ........................................................... O.
Mrs. Bowles offered the following Resolution:
(#25699) A RESOLUTION authorizing the City Manager or the Assistant
City Manager to accept a certain Grant-In-Aid for the City's Library approved by
the State Library Board and to execute the requisite document to enable the City
to receive such Grant-In-Aid.
(For full text of Resolution, see Resolution Book No. 47, page 37.)
Mrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor ............................................................... 7.
NAYS: None .......................................................... O.
EQUIPMENT-WATER DEPARTMENT-SEWERS AND STORM DRAINS: The Assistant City
Manager submitted a written report of the City Manager concurring in a report of
the Bid Committee recommending that the bid of Allied Chemical Corporation for
furnishing to the City liquid alum for sewage treatment at the unit price of
$134.21 per ton; the bid of Jones Chemical Company, Incorporated, for furnishing
to the City standard ground alum for water treatment at the unit price of $231.08
per ton; and the bid of McKesson Chemical Company for furnishing to the City
liquid chlorine for water and sewage treatment at the unit prices of $19.00 per
CWT on 150 lb. cylinders and $8.43 per CWT on 2000 lb. cylinders, be accepted.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#25700) AN ORDINANCE authorizing the purchase of supplies of liquid
alum, standard ground alum and liquid chlorine for the City's water and sewage
treatment facilities for the period beginning July 1, 1981, and ending Jane 30,
1982, upon certain terms and conditions, by accepting certain bids made to the
City; rejecting certain other bids; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 37.)
Mr. Landis moved the adoption of the Ordinance. The motion was seconded
by Mr. Thomas and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor ................................................................ 7.
NAYS: None ........................................................... O.
WATER DEPARTMENT-EQUIPMENT: The Assistant City Manager submitted a
written report of the City Manager concurring in a report of the Bid Committee
recommending that the bid of Griffin Pipe Products Company for supplying certain
ductile iron water pipe to be used by the City's Water Department for the period
beginning July 1, 1981, and ending June 30, 1982, be accepted.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#25701) AN ORDINANCE accepting the proposal of Griffin Pipe Products
Company for furnishing and supplying certain ductile iron water pipe to be used
by the City's Water Department for the period beginning July 1, 1981, and ending
June 30, 1982; authorizing the proper City officials to execute the requisite
purchase orders; rejecting all other bids; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 38.)
ACTION:
ACTION:
ACTION:
Hr. Landis ~oved the adoption of the Ordinance. The motion was
seconded by Hr. Thomas and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, I~-dis, Thomas, Bowles
and Mayor Taylor ............................................................ 7.
NAYS: None ....................................................... O.
CITY ATTORNEY:
ZONING: The City Attorney submitted a written report advising that at
the meeting of Council on Monday, July 13, 1981, a public hearing was held on the
request of C & L Investments that a tract of land containing 2.486 acres, located
on the westerly side of Garden City Boulevard, at or near the intersection of
Crown Point Road, S. E., be rezoned from C-2, General Commercial District, to RG-
2, General Residential District. He pointed out that after the public hearing
and debate, Council voted 4 - 3 in favor of the rezoning Ordinance, noting that
prior to the vote, opponents to the proposed rezoning presented certain petitions
in protest which raised the issue as to whether Section 62(b) of the Charter of
the City of Roanoke, requiring the affirmative votes of five members of Council,
was "triggered". Mr. Dibling advised that inasmuch as it was not readily apparent
from the petitions as to whether the protest petitions contained sufficient
numbers of properly situated landowners' signatures to "trigger" the requirement
of five affirmative votes, the matter was referred to him for review and report
to Council.
In concluding, Mr. Dibling noted that only one of the eight properties
immediately adjacent in the rear to the property proposed to be rezoned can be
included in the protesting category, that the twenty per cent standard has not,
therefore, been met, and only four favorable votes of Council are necessary to
adopt the rezoning Ordinance and the matter should proceed to second reading.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas Key, Attorney, representing the opponents, appeared before
Council in opposition to the rezoning.
Mr. Edward A. Natt, Attorney, representing the petitioner, appeared
before Council in support of the request for rezoning.
Mr. Thomas moved that the report of the City Attorney be received and
filed. The motion was seconded by Mr. Landis and unanimously adopted.
Ordinance No. 25683 rezoning property located on the westerly side of
Garden City Boulevard, at or near the intersection of Crown Point Road, S. E.,
described as Official Tax No. 4190704, from C-2, General Commercial District, to
RG-2, C~neral Residential District, subject to certain conditions proffered by
the petitioner, having previously been before the Council for its first reading
on Monday, July 13, 1981, read and adopted on its first reading and laid over,
was again before the body, Mr. Landis offering the following for its second
reading and final adoption:
(#25683) AN ORDINANCE to amend Sections 36-3 and 36-4, The Code of the
City of Roanoke, 1979, as amended, and Sheet No. 419, Sectional 1976 Zone Map,
City of Roanoke, in relation to zoning.
(For full text of Ordinance, see Ordinance Book No. 47, page 28.)
Mr. Landis moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Garland, Landis, Thomas and Mayor Taylor ....... 4.
NAYS: Council members Butler, Harvey and Bowles .................... 3.
TRAFFIC: The City Attorney submitted a written report transmitting an
Ordinance to amend the City's traffic regulations to provide for a penalty for
failing to remove disabled vehicles from highways, noting that the Ordinance
provides for a penalty in the amount of $5.00, if paid within ten days of the
issuance of a notice of violation, and a $10.00 fine if paid thereafter.
(For full text, see report on file in the City Clerk's Office.
Mr. Garland moved that the following Ordinance be placed upon its first
reading:
(#25702) AN ORDINANCE amending Divisions 1 and 3 of Chapter 20, Motor
Vehicles and Traffic, Code of the City of Roanoke (1979), as amended, by adding a
new section, Section 20-74, Removal of disabled vehicles from paved surface of
highway; time limit for disabled, abandoned or unlicensed vehicles standing on
highway, and by providing for a penalty for violating the same in Section 20-
89 (b) (3).
(For full text of Ordinance, see Ordinance Book No. 47, page 45.)
vote:
The motion was seconded by Mr. Harvey and adopted by the following
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor .............................................................. 7.
NAYS: None ......................................................... O.
313
314
ACTION:
ACTION:
ACTION:
ACTION:
DIRECTOR OF FInAnCE:
BUDGET: The Director of Finance submitted a written report advising
that at the close of fiscal year 1981, budget funds remained for outstanding
encumbrances and incompleted capital projects, and transmitting budget ordinances
reappropriatin8 these funds into the current year budget for the general and
enterprise funds in order that these expenditures may be properly classified and
liquidated, as follows:
Gpneral Fund
$ 342,593.16
Water Fund
Capital projects from revenue
Capital projects from bond funds
$ 11,955.42
1,208,159.67
837~977.13
$2,058,092.22
Sewage Fund
Open encumbrances
Capital projects from revenue
$ 421,981.85
3,289.~006.97
$3,710,988.82
Airport Fund
Open encumbrances
Capital projects from revenue
$ 19,345.85
1~511,629.69
$1,530,975.54
Civic Center Fund
Open encumbrances
$ 4,384.59
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas offered the following emergency Ordinance:
(#25703) AN ORDINANCE to amend and reordain certain sections of the
1981-82 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 39.)
Mr. Thomas moved the adoption of the Ordinance. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor ............................................................ 7.
NAYS: None ....................................................... 0.
Mr. Thomas offered the following emergency Ordinance:
(#25704) AN ORDINANCE to amend and reordain certain sections of the
1981-82 Water Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 39.)
Mr. Thomas moved the adoption of the Ordinance. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor ............................................................ 7.
NAYS: None ....................................................... 0.
Mr. Thomas offered the following emergency Ordinance:
(#25705) AN ORDINANCE to amend and reordain certain sections of the
1981-82 Sewage Treatment Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 40.)
Mr. Thomas moved the adoption of the Ordinance. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor ......................................................... 7.
NAYS: None .................................................... O.
Mr. Thomas offered the following emergency Ordinance:
(#25706) AN ORDINANCE to amend and reordain certain sections of the
1981-82 Airport Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 41.)
ACTION:
ACTION:
ACTION:
ACTION:
Mr. Thomas moved the adoption of the OrdinAnce. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council me~oers Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor ............................................................. 7.
NAYS: None ....................................................... O.
Mr. Thomas offered the following emergency Ordinance:
(#25707) AN ORDINANCE to amend and reordain certain sections of the
1981-82 Civic Center Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 41.)
Mr. Thomas moved the adoption of the Ordinance. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor ............................................................. 7.
NAYS: None ........................................................ O.
BUDGET-PLANNING-GRANTS-HOUSING: The Director of Finance submitted a
written report recommending that Council appropriate the total of $27,967.26 in
program income received from the City of Roanoke Redevelopment and Housing Authori~
as follows:
$ 5,261.26 to Unprogrammed CDBG - Rehabilitation Loans, and
$22,706.00 to Unprogrammed CDBG - Nonsettlement.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#25708) AN ORDINANCE to amend and reordain certain sections of the
1981-82 Grant Programs Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 42.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor ............................................................ 7.
NAYS: None ....................................................... 0.
REPORTS OF COMMITTEES:
AIRPORT: A report of the Airport Advisory Co~ission reco~nending
that the airport parking lot improvements be delayed until there is more financial
certainty regarding the proposed runway extension project, and an additional
lapse of time has expired to prove the increased revenue projected from the
recently implemented fees and charges, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis moved that Council concur in the report. The motion was
seconded by Mrs. Bowles and unanimously adopted.
Councilman Landis, Chairman of the committee appointed by the Mayor
to tabulate bids received for parking lot improvements at Roanoke Municipal
Airport, Woodrum Field, submitted a written report of the committee recommending
that all bids be rejected, and that the City Manager be authorized to proceed
with readvertising the project at a later date.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following Resolution:
(#25709) A RESOLUTION rejecting all proposals received for Airport
Parking Lot Improvements and authorizing the City Manager to readvertise this
matter for new proposals.
(For full text of Resolution, see Resolution Book No. 47, page 42.)
Mr. Harvey moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor ......................................................... 7.
NAYS: None .................................................... 0.
315
316
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
PARKS AND PLAYGROUNDS: Councilman Landis, Chairman of the committee
appointed by the Mayor to tabulate bids received for Garden City Park improve-
merits, submitted a w~itten report of the committee reco~mending that the iow
base bid of S. R. Draper Paving Co., Inc., plus Alternate No. 1, for a total sum
of $86,660.25 and a completion time of 90 calendar days, be accepted; that funds
be transferred therefor; and that $2,339.75 be designated as project contingency.
(For full text, see report on file in the City Clerk's Office.)
Hr. Landis offered the following emergency Ordinance transferring
$14,000.00 from Garden City Street Improvements, Co~unity Development Block
Grant, to Garden City Parks, Playgrounds & Other Recreation, Com~mnity Development
Block Grant, of the 1981-82 Grant Progr-mm Fund Appropriations:
(#25710) AN ORDINANCE to amend and reordain certain sections of the
1981-82 Grant Progrmms Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 43.)
Mr. Landis moved the adoption of the Ordinance. The motion was seconded
by Mr. Thomas and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor .......................................................... 7.
NAYS: None ...................................................... 0.
Mr. Landis offered the following emergency Ordinance accepting the
proposal of S. R. Draper Paving Company, Inc.:
(#25711) AN ORDINANCE accepting a certain proposal and awarding a
contract for construction of certain improvements to Garden City Park, upon
certain terms and conditions; authorizing the appropriate City officials to
execute the requisite contract; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 43.)
Mr. Landis moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor ............................................................ 7.
NAYS: None ...................................................... 0.
A report of the City Manager concurring in the report of the Bid
Committee, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis moved that the report of the City Manager be received and
filed. The motion was seconded by Mrs. Bowles and unanimously adopted.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
STREETS AND ALLEYS: Ordinance No. 25650 vacating, discontinuing and
closing that portion of High Acres Road lying between Westside Boulevard and
Shamrock Street, N. W., having previously been before the Council for its first
reading on Monday, July 13, 1981, read and adopted on its first reading and laid
over, was again before the body, Mr. Garland offering the following for its
second reading and final adoption:
(#25650) AN ORDINANCE permanently vacating, discontinuing and closing
that portion of High Acres Road lying between Westside Blvd. and Shamrock Street,
in the City of Roanoke, Virginia, as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 47, page 24.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor ........................................................... 7.
NAYS: None ...................................................... O.
STREETS AND ALLEYS: Ordinance No. 25651 vacating, discontinuing and
closing all of that portion of an alley between Lots 6 and 7, Block 51, Map
of Crystal Spring Land Company, having previously been before the Council for
its first reading on Monday, July 13, 1981, read and adopted on its first reading
and laid over, was again before the body, Mr. Thomas offering the following for
its second reading and final adoption:
ACTION:
ACTION:
ACTION:
(~25651) AN ORDINANCE permanently vacating, discontinuing and closing
all of tb~t portion of an alley between Lot 6 aad Lot 7 of Block 51, Map of
Crystal Spring l~nd Company, as shown on the City Engineer's Map at page 106, in
the City of Roanoke, Virginia, as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 47, page 26.)
Hr. Thomas moved the adoption of the Ordinance. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor .......................................................... 7.
NAYS: None .................................................... O.
ZONING: Ordinance No. 25652 rezoning property located at 2223-2225
Sanford Avenue, S. W., described as Lot 11, Block 2, Map of Colonial Heights,
Official Tax No. 1271111, from RD, Duplex Residential District, to C-i, Office
and Institutional District, having previously been before the Council for its
first reading on Monday, July 13, 1981, read and adopted on its first reading
and laid over, was again before the body, Mr. Landis offering the following for
its second reading and final adoption:
(#25652) AN ORDINANCE to amend Sections 36-3 and 36-4, Code of the
City of Roanoke (1979), as amended, and Sheet No. 127, Sectional 1976 Zone Map,
City of Roanoke, in relation to Zoning.
(For full text of Ordinance, see Ordinance Book No. 47, page 27.)
Mr. Landis moved the adoption of the Ordinance. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor ............................................................... 7.
NAYS: None .......................................................... 0.
LICENSES-TAXES-MASSAGE PARLORS: Ordinance No. 25653 establishing a
license tax for massage parlors; prohibiting issuance of a business license
until a massage parlor permit and appropriate permits for massage technicians
have been obtained; establishing a criminal penalty for operation without payment
of such license tax; a penalty for late payment; providing for equitable relief;
prescribing the duties and powers of the Commissioner of Revenue as to massage
parlors; providing for a prorated tax for license tax year 1981; and providing
for an effective date, having previously been before the Council for its first
reading on Monday, July 13, 1981, 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:
(#25653) AN ORDINANCE to amend and reordain Article III, Special
License Taxation, of Chapter 19, License Tax Code, of the Code of the City of
Roanoke (1979), as amended, by the addition of new sections numbered 19-74.1,
Massage parlor, and Section 19-74.2, Powers and duties of the Commissioner of
Revenue as to massage parlors, the new sections establishing a license tax for
massage parlors, prohibiting issuance of a business license until a massage
parlor permit and appropriate permits for massage technicians have been obtained,
establishing a criminal penalty for operation without payment of such license
tax, a penalty for late payment, providing for equitable relief, and prescribing
the duties and powers of the Comissioner of Revenue as to massage parlors; to
provide for a prorated tax for license tax year 1981; and to provide for an
effective date.
(For full text of Ordinance, see Ordinance Book No. 47, page 27.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor ........................................................... 7.
NAYS: None ...................................................... 0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
AIRPORT: Mr. Harvey offered the following Resolution expressing the
opposition of the Roanoke City Council to a proposed Federal Aviation Administrati~
rule which would restrict access of commercial air flights from Roanoke Municipal
Airport, Woodrum Field, to Washington National Airport:
(#25712) A RESOLUTION expressing the opposition of this Council to a
proposed Federal Aviation Administration rule which would restrict access of
comercial air flights from Roanoke Municipal Airport, Woodrum Field, to Washingto~
National Airport.
(For full text of Resolution, see Resolution Book No. 47, page 44.)
317
318
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
Mr. Harvey moved the adoption of the l~solution. The motion was
seconded by Mr. Thomas and adopted by the following vote:
AYES: Coumcil members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor ............................................................. 7.
NAYS: None ..................................................... -O.
OTHER HEARINGS OF ClTIZF~NS:
COUNCIL: The Assistamt City Manager orally requested that Council
meet in Executive Session to discuss a persoanel matter.
Mr. Thomas moved that Council concur in the request. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor ............................................................ 7.
NAYS: None ...................................................... 0.
At 5:50 p.m., the Mayor declared the meeting recessed.
At 6:25 p.m., the meeting reconvened in the Council Chamber with Mayor
Taylor presiding and all members of Council present.
YOUTH SERVICES CITIZEN BOARD: The Mayor advised that there is a
vacancy on the Youth Services Citizen Board created by the resignation of Mr.
Gregory Feldman for a term of three years ending May 31, 1984, and called for
nominations to fill the vacancy.
Mr. Harvey placed in nomination the name of Mr. Wallace I. Allen.
There being no further nominations, Mr. Allen was elected as a member
of the Youth Services Citizen Board for a term of three years ending May 31,
1984, by the following vote:
FORM R. ALLEN: Council members Butler, Garland, Harvey, Landis,
Thomas, Bowles and Mayor Taylor ............................................... 7.
DIRECTOR OF FINANCE: The Director of Finance stated that on August
14, 1978, Council approved the position of Financial Research Assistant with the
stipulation that the position be reviewed every two years or sooner if it becomes
vacant, advising that the position has been vacant since April 8, 1981, and
requesting that Council approve refilling of the position for another two year
period.
Mr. Thomas moved that Council concur in the request of the Director of
Finance. The motion was seconded by Dr. Butler and unanimously adopted.
REFUSE COLLECTION: The Mayor advised that the four year term of Mr.
Joel M. Schlanger as a member of the Roanoke Valley Regional Solid Waste Managemen~
Board will expire on July 31, 1981, and called for nominations to fill the
vacancy.
Dr. Butler placed in nomination the name of Mr. Joel M. Schlanger.
There being no further nominations, Mr. Schlanger was reelected as a
member of the Roanoke Valley Regional Solid Waste Management Board for a term of
four years ending July 31, 1985, by the following vote:
FOR MR. SCHLANGER: Council members Butler, Garland, Harvey, Landis,
Thomas, Bowles and Mayor Taylor ............................................ 7.
TAXES: The City Attorney submitted a written report in regard to the
sale of real property for delinquent taxes, noting that Total Action Against
Poverty in the Roanoke Valley, Incorporated, has submitted a bid to purchase for
$800.00 property located at 530 Rutherford Avenue, N. W.; and Theodore Brown has
agreed to purchase for $2,000.00 property located at 916 25th Street, N. W.
Mr. Dibling noted that the property is presently owned by Hugh B. and Ruth
Steptoe and Herman L. and Charlotte Haley, respectively, and transmitting an
Ordinance directing the City Attorney to institute and conduct a suit to collect
delinquent real estate taxes and assessments by judicial sale.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following Resolution:
(#25713) A RESOLUTION directing that the City Attorney institute and
conduct a suit to collect delinquent real estate taxes and assessments by judicial
sale.
(For full text of Resolution, see Resolution Book No. 47, page 44.)
319
Hr. Landis moved the adoption of the Resolution. The motion vas
seconded by Hrs. Bow/es and adopted by the follow/n8 vote:
AYES: Council members Butler, Garland, Hawey, Landis, Thomas, Bo~les
and Mayor Taylor ............................................................... ?.
NAYS: None .......................................................... O.
ACTION:
AIRPORT: The Mayor appointed the following persons to the Airport
Runway Extension Speakers Bureau:
Messrs. Robert C. Poole, Jack C. Smith, K. B. Kiser, J,~s G. Harvey, II, and
Arthur M. Whittaker; and appointed the following persons as Special Standby
Speakers: Mayor Noel C. Taylor and Messrs. H. B. Ewert and S. H. McGhee, III.
There being no further business, the Mayor declared the meeting
adjourned at 6:35 p.m.
APPROVED
ATTEST: __/~.~._._
City Clerk Mayor
,320
KEGULAR NEEKL¥ SESSION ...... ROANOKE CITY COUNCIL
Au&met 10, 1981
7:30 p.m.
The Council of the City of Roanoke met in regular meeting in the Council Chamber
in the Municipal Building, City of Roanoke, 215 Church Avenue, S. W., on Nonday, August
10, 1981, at 7:30 p.m., the regular meeting hour, with Vice-Mayor Wendell H. Butler presidin
PRESENT: Council members Robert A. Garland, James G. Har~ey, II, Charles L.
Landis, Hampton W. Thomas, Elizabeth T. Bowles, and Vice-Mayor Wendell H. Butler .... 6.
ABSENT: Mayor Noel C. Taylor .............................................. 1,
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Hr. Sam H. McGhee, III, Assistan
City Manager; Mr. William X Parsons, Assistant City Attorney; Mr. Joel M. Schlanger,
Director of Finance; and Mrs. ~ary F. Parker, City Clerk.
The invocation was delivered by the Reverend Ernest Poe, Minister of Education,
High Street Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America was led by
Vice-Mayor Butler.
PUBLIC HEARINGS:
ACTION:
ACTION:
ZONING: Pursuant to instructions of Council, the City Clerk set a
public hearing for Monday, August 10, 1981, at 7:30 p.m., or as soon thereafter
as the matter could be heard, on the request of Mr. Roy V. Creasy, Attorney,
representing Leon T. McGhee to amend the conditions imposed by Ordinance No.
25304, which conditionally rezoned property located at 3729 Hollins Road, N. E.,
from RD, Duplex Residential District, to C-2, General Commercial District, the
matter was before the body.
Mr. Landis moved that the following Ordinance be placed upon its first
reading:
(#25714) AN ORDINANCE amending Ordinance No. 25304, aaopted September
22, 1980, rezoning, subject to certain conditions, certain property at 3729 and
3735 Hollins Road, N. E.
The motion was seconded by Mrs. Bowles.
In this connection, a report of the City Planning Commission recon~endinI
that Council deny the request to amend the conditions attached to this conditional
rezoning, was before the body.
(For full text, see report on file in the City Clerk's Office.)
A communication from Mr. Roy V. Cressy, Attorney, representing the
petitioner, advising that at the City Planning Comtssion meeting on August 5,
1981, two additional conditions were proffered, viz: installation of the screening
will be done within three months of the approval by Council of the request; and
the front of the building will be relandscaped within the same period of time,
was also before the body.
(For full text, see co~unication on file in the City Clerk's Office.)
Mr. Creasy appeared before Council and spoke in support of the request
of his client.
Considerable discussion centered around the fact that the conditions
proffered by Mr. Creasy's client when the property was rezoned in September,
1980, have not been complied with; whereupon, Mr. Harvey offered a substitute
motion that consideration of the matter be deferred until completion of the
original conditions proffered by the petitioner in September, 1980.
The substitute motion failed for lack of a second.
Mr. Landis offered a substitute motion that provisions be included in
the proposed Ordinance that the rezoning will revert to RD, Duplex Residential
District, if the proffered conditions are not completed within three months of
the date of rezoning; and that a performance bond be required for the performance
of the proffered conditions. The motion was seconded by Mrs. Bowles.
The Assistant City Attorney advised that the conditions above set
forth by Mr. Landis would have to meet with the concurrence of the petitioner
and would have to be proffered by him; whereupon, on behalf of his client, Mr.
Creasy proffered same.
Upon discussion as to the amount of the performance bond, Mr. William 0.
Kuthy, Secretary of the City Planning Co~ission, and Mr. Richard B. Burrow,
City Engineer, recommended a bond in the amount of $2,000.00, in a form acceptable
to the City Attorney.
321
ACTION:
ACTION:
It was agreed that a vote on the suggested -_,~dments to the Ordi~ance
would be deferred until a later t!-~ during the meeting in order that the
Assistant City Atto~%ey and ~. Creasy could confer ~ the correct lan~age.
After further deliberation, Mr. Thomas moved that the City Manager,
the City Attorney, and the City Planning Comission be requested to report to
Council in regard to a recommended procedure for a time limitation to be imposed
upon proffered conditions for rezo~ing, and the m-n-er in which a performance
bond, if any, will be required. The motion was seconded by Mr. Harvey and
adopted.
Later during the meeting, the Assistant City Attorney advised that he
had conferred with Mr. Creasy and presented the following amendments to Ordinance
No. 25714 on its first reading:
Insert the following paragraphs on page 2 after the second
paragraph:
"WHEREAS, the petitioners have proposed to post a per-
formance bond in the sum of $2000 secured by cash or real
property for the performance of the proffered conditions,
as amended, which bond shall be released upon completion
to the satisfaction of the City's Zoning Administrator; and
WHEREAS, the petitioners have further proffered that in
the event the conditions, as amended, are not complied
with in the prescribed time limitations, the zoning shall
revert to RD - Duplex Residential District; and
Add in line 7 of the last paragraph on page 2 after the
words "General Comercial District", the words "upon posting
of the aforesaid bond."
Mr. Landis moved that Council concur in the amendments to Ordinance
No. 25714 on its first reading as above set forth by the Assistant City Attorney.
The motion was seconded by Mrs. Bowles and adopted, Mr. Harvey voting no.
Ordinance No. 25714, as above amended, was adopted on its first reading
by the following vote:
AYES: Council members Garland, Landis, Thomas, Bowles, and Vice-Mayor
Butler ..................................................................... 5.
NAYS: Council member Harvey ...................................... 1.
(Mayor Taylor was absent.)
Mr. Harvey advised that he could not support the request because the
petitioners had not complied with the original proffered conditions for rezoningo
STREETS AND ALLEYS: Pursuant to Resolution No. 25523, the City Clerk
set a public hearing for Monday, August 10, 1981, at 7:30 p.m., or as soon there-
after as the matter could be heard, on the request of the City of Roanoke that a
0.477 acre portion of Bullitt Avenue, S. E., extending from the westerly side of
Williamson Road, S. E., approximately 200 feet, shown in detail on Plan No. 5806
prepared by the City Engineer's Office of the City of Roanoke, be permanently
vacated, discontinued and closed, the matter was before the body.
Mr. Garland moved that the following Ordinance be placed upon its
first reading:
(#25715) AN ORDINANCE permanently vacating, discontinuing and closing
a portion of Bullitt Avenue, S. E., in the City of Roanoke, Virginia, as is more
particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No.
The motion was seconded by Mr. Thomas.
In this connection, a report of the City Planning Commission recom~end-
lng that the request be granted, was before Council.
(For full text, see report on file in the City Clerk's Office.)
No one appearing in opposition to the request, the following vote was
recorded on Ordinance No. 25715 on its first reading:
AYES: Council members Garland, Harvey, Landis, Thomas, Bowles and
Vice-Mayor Butler .......................................................... 6.
NAYS: None ...................................................... 0.
(Mayor Taylor was absent.)
-322
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the City Council amd would be enacted by one
motion in the forms listed on the agenda, and if discussion was desired, that
item would be removed from the Consent Agenda amd considered separately. He
noted that there were two requests for Executive Sessions to discuss personnel
matters and a contractual matter; whereupon, the Assistant City Manager requested
that he be permitted to withdraw his request for an Executive Session to discuss
a personnel matter and substitute a request to discuss a contractual matter.
COUNCIL: A communication from the Vice-Mayor requesting an Executive
Session to discuss a personnel matter, was before Council,
(For full text, see communication on file in the City Clerk's Office.)
Mr. Garland moved that Council concur in the request. The motion was
seconded by Mr. Thomas amd adopted by the following vote:
AYES: Council members Garland, Harvey, Landis, Thomas, Bowles and
Vice-Mayor Butler ............................................................ 6.
NAYS: None ........................................................ O.
(Mayor Taylor was absent.)
COUNCIL: An oral request of the Assistant City Manager to discuss a
contractual matter, was before Council.
Mr. Garland moved that Council concur in the request. The motion
was seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Garland, Harvey, Landis, Thomas, Bowles and
Vice-Mayor Butler ............................................................ 6.
NAYS: None ........................................................ O.
(Mayor Taylor was absent.)
NURSING HOME-ENGINEERING-PLANNING-BUILDING DEPARTMENT-CIVIC CENTER: A
report of the Municipal Auditor transmitting audit reports for the City Nursing
Home, the Engineering, Planning and Building Inspection Departments, and the
Civic Center Fund, was before Council.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland moved that the reports be received and filed. The motion
was seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Garland, Harvey, Landis, Thomas, Bowles and
Vice-Mayor Butler ............................................................ 6.
NAYS: None ....................................................... O.
(Mayor Taylor was absent.)
PENDING ITEMS: A list of items pending from February 7, 1977, through
July 13, 1981, was before Council.
(For full text, see list on file in the City Clerk's Office.)
Mr. Garland moved that the list be received and filed. The motion was
seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Garland, Harvey, Landis, Thomas, Bowles and
Vice-Mayor Butler .......................................................... 6.
NAYS: None ....................................................... 0.
(Mayor Taylor was absent.)
PERSONNEL: The qualification of Mr. Joseph C. Crutchfield as a member
of the Personnel and Employment Practices Cor~m~ssion for a term of three years
ending June 30, 1984, was before Council.
(See Oath of Office on file in the City Clerk's Office.)
Mr. Garland moved that the qualification be received and filed. The
motion was seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Garland, Harvey, Landis, Thomas, Bowles and
Vice-Mayor Butler .............................................................. 6.
NAYS: None .......................................................... 0.
(Mayor Taylor was absent.)
323
REGULAR AGE~DA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
HOUSING: Mrs. Anne Glenn, Insnediate Past President of the Greater
Raleigh Court Civic League, member of the Roanoke Neighborhood Partnership
Steering Committee, and Sub-committee on Neighborhoods, appeared before Council
and presented an update on what has been happening in the four pilot neighbor-
hoods since the Neighborhood Partnership workshops.
(For full text, see written statement on file in the City Clerk's Office.)
Neighborhood representatives presented the following publications to
each member of Council:
A Report to the People of Preston Park On Their Participation
in the Roanoke Neighborhood Partnership - PRESTON PARK/WILLIAM-
SON ROAD
A Report to the People of Northwest/Gilmer On Their Partici-
pation in the Roanoke Neighborhood Partnership - NORTHWEST/
GILMER
A Report to the People of Raleigh Court On Their Participa-
tion in the Roanoke Neighborhood Partnership - RALEIGH COURT
A Report to the People of Belmont On Their Participation in
the Roanoke Neighborhood Partnership - BELMONT
Each member of Council was also presented with a Partnership Directory.
(See publications on file in the City Clerk's Office.)
The Vice-Mayor was presented with a plaque by the Willi-m~on Road
Action Forum, the Northwest Neighborhood Environmental Organization, the Greater
Raleigh Court Civic League and the Belmont Neighborhood Watch Group with the
following inscription:
"Presented to Roanoke City Council, Roanoke, Virginia, in
appreciation for your co~itment to citizen participation
in local government by supporting the Roanoke Neighborhood
Partnership."
ACTION:
ACTION:
On behalf of the Williamson Road Action Forum, the Northwest Neighbor-
hood Environmental Organization, the Greater Raleigh Court Civic League, and the
Belmont Neighborhood Watch Group, the City Manager was presented with a plaque
with the following inscription:
"Presented to H. Bern Ewert, City Manager, Roanoke, Virginia,
in recognition of your belief in and support of citizen
involvement in community development through the Roanoke
Neighborhood Partnership."
PETITIONS AND COMMUNICATIONS:
AIRPORT: A co~unication from Mr. Carter W. Beamer, Town Manager,
Wytheville, Virginia, advising that the Town Council unanimously endorses the
application of the City of Roanoke for extension of Runway 23 at Roanoke Munici-
pal Airport, Woodrum Field, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Ernest E. Binder, 503 Wingfield Avenue, N. E., appeared before
Council and expressed concern over the possibility that A/rport Road will be
closed when the runway extension commences, and suggested the construction of a
runway overpass; whereupon, Mr. Harvey advised that Airport Road will not be
closed and the City is investigating the feasibility of tunneling.
Mr. Harvey moved that the remarks of Mr. Binder and the communication
from the Town of Wytheville be received and filed with appreciation. The motion
was seconded by Mr. Thomas and adopted.
WATER DEPARTMENT: A communication from Mr. Randolph M. Smith, Assistant
City Manager, Salem, Virginia, transmitting copy of Resolution No. 410, adopted
by Salem City Council on July 27, 1981, inviting the governing bodies of the
City of Roanoke, County of Roanoke, and Town of Vinton to join in seeking a
solution to the bulk water supply problem for the valley, was before Council.
(For full text, see communication and Resolution on file in the City Clerk's
Office.)
Mr. Landis moved that the matter be referred to the Water Resources
Committee for response. The motion was seconded by Mr. Garland and adopted.
324
ACTION:
ACTION:
ACTION:
ACTION:
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
CITY EMPLOYEES-INSURAI~CE: Mr. W. Robert Herbert, Director of Administra-
tion and Public Safety, appeared before Council and presented a briefing on
employee medical insurance, and requested that Council appoint a co,,mtttee to
review proposals received to date and make a recommendation to Council at its
regular meeting on Monday, August 24, 1981.
Mr. Harvey moved that the Vice-Mayor be requested to appoint a committee
to review the proposals. The motion was seconded by Mr. Garland and adopted.
The Vice-Mayor appointed Messrs. Charles L. Landis, Chairman, W.
Robert Herbert and Joel M. Schlanger as members of the committee.
ITEMS RECO~I~ENDED FOR ACTION:
GRANTS-BUSES-INTERMODAL TRANSPORTATION TERMINAL: The City Manager
submitted a written report recommending that Council authorize the execution of
an architectural services agreement, in a form acceptable to the City Attorney,
and subject to E.D.A. approval, for the E.D.A. Rehabilitation Components of the
Transportation Station/Mini-Mall, for a total fee not to exceed $70,500.00, with
VVKR Incorporated.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#25716) AN ORDINANCE authorizing the City Manager to enter into a
contract with VVKR Incorporated to provide architectural services identified as
the EDA Rehabilitation Components of the Transportation Station/Mini-Mall; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 45.)
}ir. Landis moved the adoption of the Ordinance. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Garlmid, tiarvey, Landis, Thomas, Bowles and
Vice-Mayor Butler .............................................................. 6.
NAYS: None ........................................................... O.
(Mayor Taylor was absent.)
STATE HIGHWAYS-AIRPORT: The City Manager submitted a written report
recomending authorization to execute a right of entry permitting the Virginia
Department of Highways and Transportation or its contractor to enter upon the
airport clear zone south of Hershberger Road, N. W., for storm drain construc-
tion associated with the Hershberger Road Improvement Project.
(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:
(#25717) AN ORDINANCE providing for the conveyance of a right-of-way
and easement over City property located in the South Clear Zone of Roanoke Munici-
pal Airport, Woodrum Field, for storm drain purposes, subject to certain
conditions.
The motion was seconded by Mr. Thomas and adopted by the following
vote:
AYES: Council members Garland, Harvey, Landis, Thomas, Bowles and
Vice-Mayor Butler ............................................................ 6.
NAYS: None ........................................................ O.
(Mayor Taylor was absent.)
EASEltENTS-C & p TELEPHONE COMPANY-SCHOOLS: The City Manager submitted
a written report recommending authorization for execution of an easement document
to grant the C & P Telephone Company a 5' x 5' easement on the southwest corner
of the Preston Park School 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:
(#25718) AN ORDINANCE authorizing and directing the proper City
officials to execute and deliver a certain deed of easement to the Chesapeake
and Potomac Telephone Company of Virginia.
ACTION:
ACTION:
ACTION:
The motion was seconded by Mr. Garland and adopted by the following
vote:
AYES: Council members Garland, Harvey, lm~dis, Thomas, Bowles and
Vice-Mayor Butler ........................................................ 6.
NAYS: None ....................................................... O.
(Mayor Taylor was absent.)
CIVIC CENTER: The City Manager submitted a written report recommending
approval of and authorization to execute a working agreement between the City
and Local No. 55, International Alliance of Theatrical Stage ~?loyees and
Moving Picture Machine Operators, for provision of stagehands and other event-
related services at the Roanoke Civic Center.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#25719) AN ORDINANCE authorizing the City Manager to enter into a new
agreement with Local No. 55, International Alliance of Theatrical Stage Employees
and Moving Picture Machine Operators, to be effective August 10, 1981, relative
to services of such independent contractor at the Roanoke Civic Center, upon
certain terms and conditions; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 46.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Garland, Harvey, Landis, Thomas, Bowles and
Vice-Mayor Butler ........................................................... 6.
NAYS: None ........................................................ 0.
(Mayor Taylor was absent.)
BUDGET-GRANTS-CLEAN VALLEY COMMITTEE: The City Manager submitted a
written report recommending authorization to accept a grant of $7,927.00 from
the State Department of Conservation and Economic Development, Division of
Litter Control, to the Clean Valley Committee, and to execute a contract for
litter control services, and that funds be appropriated therefor.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#25720) AN ORDINANCE to amend and reordain certain sections of the
1981-82 Grant Progrmmm Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 46.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Garland, Harvey, Landis, Thomas, Bowles and
Vice-Mayor Butler .......................................................... 6.
NAYS: None ...................................................... O.
(Mayor Taylor was absent.)
Mrs. Bowles offered the following emergency Ordinance:
(#25721) AN ORDINANCE authorizing the acceptance of a grant made to
the City of Roanoke by the Virginia Department of Conservation and Economic
Development, Division of Litter Control and the execution and filing of all
necessary or appropriate forms for the acceptance of said grant for the purpose
of litter control projects; authorizing the execution of a contract with the
Clean Valley Committee, Inc., for litter control; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 47.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Garland, Harvey, Landis, Thomas, Bowles and
Vice-Mayor Butler ........................................................ 6.
NAYS: None ..................................................... 0.
(Mayor Taylor was absent)
STADIUM-FOOTBALL: The City Manager submitted a written report recommend
lng approval of a request of the Roanoke Valley Shrine Club of Kazim Temple for
a waiver of fees under the provisions of Resolution No. 24982 for use of Victory
Stadium on September 5, 1981.
(For full text, see report on file in the City Clerk's Office.)
325
326
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
Mr. Harvey offered the following Resolution:
(~25722) A RgSOLUTION waiving the standard rental fee for uae of a
City facility.
(For full text of Resolution, see Resolution Book No. 47, page 47.)
Hr. Harvey moved the adoption of the Resolution. The motion was
seconded by Hr. Thomas and adopted by the following vote:
AYES: Council members Garland, Harvey, Landis, Thomas, Bowles and
Vice-Mayor Butler ........................................................ 6.
NAYS: None ..................................................... O.
(Mayor Taylor was absent.)
LIBRARIES: The City Manager submitted a written report recommending
that a reciprocal agreement with Roanoke County concerning use of library systems
be renewed.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(#25723) A RESOLUTION authorizing renewal of an agreement with the
County of Roanoke relating to the joint use of library facilities of the City of
Roanoke and the County of Roanoke.
(For full text of Resolution, see Resolution Book No. 47, page 48.)
Mrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Garland, Harvey, Landis, Thomas, Bowles and
Vice-Mayor Butler ............................................................ 6.
NAYS: None ........................................................ 0.
(Mayor Taylor was absent.)
MARKET-PARKING GARAGE: The Assistant City Manager orally advised that
the market parking garage contract drawings and specifications have been completed
in accordance with the schematic drawings approved by Council some months ago,
noting that the drawings were available for inspection by Council, and bids for
the project will be received by Council in approximately thirty days.
CITY ATTORNEY:
INDUSTRIES: The City Attorney submitted a written report relating to
the request of the Salem Industrial Development Authority to finance facilities
in the City of Roanoke, recommending that a policy be adopted by Council of
referring this request and similar requests to the City of Roanoke Industrial
Development Authority for review and comment and recommendation to City Council,
noting that this procedure would also allow opportunity for the City Manager to
comment should he so desire.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis moved that Council concur in the recommendation of the City
Attorney. The motion was seconded by Mr. Garland and adopted.
Mr. Thomas moved that the City Manager and the City Attorney be
requested to contact the Directors of the Roanoke Industrial Development Authority
to ascertain if it is deemed advisable that a line of communication be established
between the City administration and the Authority between the time a request is
made to the Authority and the time it is consummated. The motion was seconded
by Mr. Landis and adopted.
DIRECTOR OF FINANCE:
BUDGET: The Director of Finance submitted a written status report on
the financial condition of the City of Roanoke for fiscal year 1981, advising
that the financial statements at this time indicate an undesignated fund balance
as of June 30, 1981, of $2,166,000, that this is an unaudited financial statement
for the fiscal year ended June 30, 1981, and all figures are subject to change
during the current audit period.
(For full text, see report on file in the City Clerk's Office.)
Mr. J. H. Johnson, 1103 Overland Road, S. W., appeared before Council
and expressed concern that since 1976 there has not been an increase in the
valuation on downtown business property for tax purposes, that the taxes on
homeowners have increased on an average of fifty to sixty per cent and estimated
that the City is losing at least $2 million per year.
Following considerable discussion of the report of the Director of
Finance, Mr. Harvey moved that the report be received and filed. The motion was
seconded by Mr. Garland and adopted.
ACTION:
ACTION:
ACTION:
ACTION:
REPORTS OF C0t~/ITTEES:
BUDGET-MARKET-STREETS AND ALLEYS-CENTURY PROJECT: Councilman Landis,
Chairman of the comittee appointed by the Hayor to tabulate bids received for
construction of farmers' stalls and First Street improvements, submitted a
written report of the committee recommending that the proposal of Watts and
Breakell, Incorporated, upon certain terms ~nd conditions, in the -m~unt of
$219,760.00, be accepted.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#25724) AN ORDINANCE to ~mond amd reordain certain sections of the
1981-82 Capital Projects Fund Appropriation, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 48.)
Mr. l~ndis moved the adoption of the Ordinance. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Garland, Harvey, Landis, Thomas, Bowles and
Vice-Mayor Butler ......................................................... 6.
NAYS: None ...................................................... O.
(Mayor Taylor was absent.)
Mr. Landis offered the following emergency Ordinance:
(#25725) AN ORDINANCE providing for the implementation of Century
Project 57-80 in the Market Square and First Street, S. E., area of the City,
upon certain terms and conditions, by accepting the lowest bid made to the City;
authorizing execution of the requisite contract; rejecting certain other bids;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 49.)
Mr. Landis moved the adoption of the Ordinance. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council members Garland, Harvey, Landis, Thomas, Bowles and
Vice-Mayor Butler ............................................................ 6.
NAYS: None ........................................................ O.
(Mayor Taylor was absent.)
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
TRAFFIC: Ordinance No. 25702 amending the City's traffic regulations
to provide for a penalty for failing to remove disabled vehicles from highways,
having previously been before the Council for its first reading on Monday, July
27, 1981, read and adopted on its first reading and laid over, was again before
the body, Mr. Thomas offering the following for its second reading and final
adoption:
(#25702) AN ORDINANCE amending Divisions 1 and 3 of Chapter 20, Motor
Vehicles and Traffic, Code of the City of Roanoke (1979), as amended, by adding
a new section, Section 20-74, Removal of disabled vehicles from paved surface of
hishway; time limit for disabled~ abandoned or unlicensed vehicles standing on
highway, and by providing for a penalty for violating the same in Section 20-89
(b) (3).
(For full text of Ordinance, see Ordinance Book No. 47, page 45.)
Mr. Thomas moved the adoption of the Ordinance. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council members Garland, Harvey, Landis, Thomas, Bowles and
Vice-Mayor Butler ............................................................ 6.
NAYS: None ........................................................ O.
(Mayor Taylor was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
BUDGET-DIRECTOR OF FINANCE-REQUESTS FOR INFORMATION-MISCELLANEOUS:
Mr. Harvey moved that the City Manager be requested to report to Council on
photocopying and transcript fees and the feasibility of providing copies free of
charge of public documents and records to neighborhood groups and other non-
commercial users. The motion was seconded by Mrs. Bowles and adopted.
OTHER HEARINGS OF CITIZENS: NONE.
,327
328
ACTION:
ACTION:
ATTEST:
At 9:10 p.m., the Vice-Mayor declared the meeting recessed.
At 9:50 p.m., the meeting reconvened in the Council Chamber with Vice-
Mayor Butler presiding, all members of Council present, with the exception of
Mayor Taylor.
PERSONNEL: The Vice-Mayor called to the attention of Council that
there is a vacancy on the Personnel and Employment Practices Commission for a
ter~ of three years ending June 30, 1984, and called for no~inations to fill the
vacancy.
Mr. Landis placed in nomination the name of Ms. Judy O. Witcher.
There being no further nominations, Ms. Witcher was elected as a
member of the Personnel and Employment Practices Co~,,tsslon for a term of three
years ending June 30, 1984, by the following vote:
FOR MS. WITCHER: Council members Garland, Harvey, Landis, Thomas,
Bowles and Vice-Mayor Butler ................................................ 6.
(Mayor Taylor was absent.)
TOTAL ACTION AGAINST POVERTY IN THE ROANOKE VALLEY: The Vice-Mayor
advised that the two year term of Mrs. Elizabeth T. Bowles as a member of the
Total Action Against Poverty Board of Directors will expire on August 31, 1981,
and called for nominations to fill the vacancy.
Mr. Garland placed in nomination the name of Mrs. Elizabeth T. Bowles.
There being no further nominations, Mrs. Bowles was reelected as a
member of the TAP Board of Directors for a term of two years ending August 31,
1983, by the following vote:
FOR MRS. BOWLES: Council members Garland, Harvey, Landis, Thomas and
Vice-Mayor Butler ............................................................ 5.
(Mayor Taylor was absent.) (Council member Bowles abstained from voting.)
Mrs. Bowles moved that Mr. Earl B. Reynolds, Chief of Community Planning
serve as her alternate on the TAP Board of Directors. The motion was seconded
by Mr. Garland and adopted.
There being no further business, the Vice-Mayor declared the meeting
adjourned at 9:55 p.m.
City Clerk
APPROVED
Vice-Mayor
REGULARWEF. XLY SESSION ...... ROANOKE CITY COI~ClL
August 24, 1981
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the Council Chamber in
the Hunicipal Building, City of Roanoke, 215 Church Avenue, S. W., on Honday, August 24, 1981,
at 2:00 p.m., the regular meeting hour, with Nayor Noel C. Taylor presiding.
PRESENT: Council members James G. Harvey, II, Charles L. Landis, Hampton W. Thomas,
Elizabeth T. Bowles, Wendell H. Butler, Robert A. Garland and Mayor Noel C. Taylor .......... 7.
ABSENT: None ................................................................... 0.
OFFICERS PRESENT: Hr. H. B. Ewert, City Manager; Hr. Sam H. HcGhee, III, Assistant
City Manager; Mr. Wilburn C. Dibling, Jr., City Attorney; Hr. William X Parsons, Assistant City
Attorney; Hr. Joel H. Schlanger, Director of Finance; and Ms. Mary F. Parker, City Clerk.
The invocation was delivered by the Reverend Henry F. Chestnutt, Veterans Administration
Chaplain.
The Pledge of Allegiance to the Flag of the United States of America was led by Mayor
Noel C. Taylor.
CITY GOVERNMENT: The Mayor presented the 1981 State of the City Report
containing the following ten recommendations:
"1. Preparations for the centennial celebration in 1982 have
been made by the Centennial Committee which I appointed with
the assistance of City Council. Believing that an opportunity
should be afforded for the expression of the interest felt
throughout the City in this event, I respectfully recommend
fitting and cooperative action by Council, working in conjunc-
tion with our Centennial Committee on behalf of the citizens
of Roanoke. Your presence and participation in the centennial
events will be deeply appreciated.
2. I have endeavored in numerous ways to assure our sister
cities of Wonju, Korea and Kisumu, Kenya that the Roanoke
City Government and its citizens have a deep and abiding
interest in the continuing Sister City relationship. I
recommend that we inform our two sister cities that our
interests and our hopes for them lie in the direction of
highly successful governments by their people and of the
largest development of their great commercial resources.
The mutual benefits of enlarged cultural exchanges between
our people are desired, and in this, we have sought their
friendly cooperation. Good will, fostered by ~-y interests
in common, has marked our relations with our sister cities.
3. I recommend that we continue our efforts to improve
educational quality. If our City is to grow in wisdom and
strength, then every able student should have the oppor-
tunity to develop his talents. Excellence in education
must begin at the elementary level. We must offer to all,
the facilities for education in order to make society the
servant of the individual and the individual the source of
progress and, thus, realize for all, the full promise of
American life. Equally important to our strength as a City
is the quality of our education.
4. I recommend that City Council consider inviting the
Virginia Municipal League to meet in the City of Roanoke
for its annual session in September, 1984.
5. Neighborhoods are the building blocks of our City and
contribute to the social, cultural, political and economic
life of our community. In Roanoke, strong identification
with neighborhoods by citizens can enhance the life of our
City and help sustain stable family-centered living. There-
fore, I recommend that the City Council will work with the
City Manager in establishing and designating a special day
as Neighborhood Day in the City of Roanoke. ! further
suggest that the City Attorney will draft the necessary docu-
ment that will enable the City Council to adopt such a day
officially and observe it on an annual basis.
6. I recomend that we ask the City Manager to submit recom-
mendations which will enable us to proceed with the develop-
ment of preliminary plans for use of the old Court House
when the new Court House construction has been completed and
the building dedicated for its proper use.
330
ACT ION:
ACTION:
7. I recommend that the extension of the runway at the
Municipal A~rport will be given the highest priority and
that City Council will consider setting aside the necessary
a~ount of the undesignated fund balance to pay for the
City's part of the extension. I believe that if the City of
Roanoke will put up its share first, it will help us in
our efforts to obtain the necessary financial assistance
from the state and federal governments. This is a one tim~
expenditure, and it qualifies, along with several others,
as the type of project on which we prefer using undesignated
funds.
8. I recommend that we study the feasibility of installing
an electronic voting system in the City Council Chamber
when the new Court House is completed and the traffic court
moves into the new building. I further suggest that we ask
the City Manager to develop a report on the cost of instal-
ling the electronic system.
9. I reco~nend that we sponsor a reception for all the un-
paid members of the various boards, committees, commissions
and authorities at the Roanoke Civic Center. After serving
more than a decade as an elected official, I cannot recall
a single activity that we have sponsored to recognize and
to express appreciation for the countless hours of service
and for the knowledge, wisdom and expertise the participating
members have freely given for the continuing progress and
develop~nt of our City. The Thanksgiving season would be an
ideal time for us to give thanks to these noble individuals
who continue to carry forward the work of more than 50
com~fttees. I suggest that our City Manager direct the
proper member of his staff to plan the reception for mid-
November and submit a report when the plans are finalized.
10. For some time, I have been concerned about the manner
in which we honor the members of the Roanoke City fmmt ly at
the time of their retirement. The procedure has been to
give each retiree a pin which, I believe, is not the most
appropriate gift. It is also my opinion that to have these
fine individuals who have labored 20, 30 and 35 years to
come and sit quietly in the Council Cbmmher, while waiting
for their names to be called, is to deny them the kind of
retirement activity they richly deserve. Therefore, I recom-
mend that the City Manager and Mayor will be instructed to
make recommendations to Council on the purchasing of appro-
priate gifts. For example, an engraved ~rrist watch would
cost no more than the pins we presently give, and the watch
would be a very serviceable gift and deeply appreciated by
the recipient. I further recommend that a reception will be
given for the retirees in the Civil Defense Room at which
time the award will be presented and that all members of City
Council, the Council-appointed Officers and Directors will be
asked to attend."
(For full text, see State of the City Report on file in the City Clerk's Office.)
The Mayor made an oral reco~endation in regard to employment of a coordi-
nator to work with the Roanoke Neighborhood Partnership Program.
At this point, the Mayor relinquished the Chair to the Vice-Mayor.
Mr. Thomas moved that Council concur in Recommendation Nos. 1, 2, 3, 4, 5
(designation of Neighborhood Day), 6, 7, 9 and 10. The motion was seconded by Mr.
Garland and unanimously adopted.
Mr. Thomas moved that Recommendation No. 8 and the Mayor's oral recommenda-
tion in regard to employment of a coordinator to work with the Roanoke Neighborhood
Partnership Program be taken under advisement. The motion was seconded by Mr. Landis
and unanimously adopted.
At this point, the Mayor resumed the Chair.
BID OPENINGS:
AIRPORT: Pursu~ut to notice of advertisement for bids for the construction
of an enclosed aircraft storage hangar for general aviation aircraft at Roanoke Munici-
pal Airport, Woodrum Field, said proposals to be received by the City Clerk until 1:30
p.m., Monday, August 24, 1981, and to be opened and read before the Council at 2:00
p.m., on that date, or as soon thereafter as the matter could 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 bid from
Piedmont Aviation, Inc.:
1. 60,000 square feet of land at the rate of $0.02 per square
foot per year
2. 34,560 square feet of building space
3. no bid
4. (a) hangar space for 25-27 aircraft
(b) all other services, including fuel flow fee provided
as a fixed base operator under current lease
331
ACTION:
ACTION:
Mr. Thomas moved that the bid be referred to a co. tree to be appointed
by the Mayor for study, report and recommendation to Council. The motion was
seconded by Hr. Landis and unanimously adopted.
The Mayor appointed Masers. Charles L. Landis, Chairman, Kit B. Kiser
and Robert C. Pooie aa members of the comlttee.
STREETS AND ALLEYS: Pursuant to notice of advertisement for bids for
paving of various streets in the City of Roanoke, said proposals to be received
by the City Clerk until 1:30 p.m., Honday, August 24, 1981, and to be 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; where-
upon, the City Clerk opened and read the following bids:
Base Bid
Alternate No. 1
Adams Construction Company &
Virginia Asphalt Paving
Company, Incorporated
L. H. Sawyer Paving Company,
Incorporated
John A. Hall & Company,
Incorporated
$485,800.33
487,000.50
526,800.40
$28,125.00
39,375.00
39,000.00
Mr. Thomas moved that the bids be referred to a committee to be
by the Mayor for tabulation, report and recommendation to Council. The motion
was seconded by Mrs. Bowles and unanimously adopted.
The Mayor appointed Messrs. Charles L. Landis, Chairmm,, Thomas F.
Brady and Richard B. Burrow as members of the comittee.
CONSENT AGENDA:
ACT ION:
ACTION:
ACTION:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the City Council and would be enacted by one
motion in the forms listed on the agenda, and if discussion was desired, that
item would be removed from the Consent Agenda and considered separately. He
called attention to his request to discuss certain personnel matters in Executive
Session.
COUNCIL: A communication from the Mayor requesting an Executive
Session to discuss personnel matters, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harvey moved that Council concur in the request. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Harvey, Landis, Thomas, Bowles, Butler, Garland
and Mayor Taylor .............................................................. 7.
NAYS: None ......................................................... 0.
ROANOKE NEIGHBORHOOD PARTNERSHIP: Communications from Dr. Gene E.
Clapsaddle, Mr. John M. Hudgins, Jr., Mr. L. J. Sarber, Jr., and Mr. Michael K.
Smeltzer tendering their resignations as members of the Roanoke Neighborhood
Partnership Steering Committee, were before Council.
(For full text, see co~mmnications on file in the City Clerk's Office.)
Mro Harvey moved that the resignations be accepted with regret and
that the communications be received and filed. The motion was seconded by Mr.
Garland and adopted by the following vote:
AYES: Council members Harvey, Landis, Thomas, Bowles, Butler, Garland,
and Mayor Taylor ............................................................... 7.
NAYS: None .......................................................... O.
AIRPORT: An excerpt from the minutes of the regular meeting of the
Hillsville Town Council held on July 22, 1981, expressing support of the proposed
improvements to Roanoke Municipal Airport, Woodrum Field, was before Council.
(For full text, see excerpt on file in the City Clerk's Office.)
Mr. Harvey moved that the co~uuication be received and filed with
appreciation. The motion was seconded by Mr. Garland and adopted by the follow-
ing vote:
AYES: Council members Harvey, Landis, Thomas, Bowles, Butler, Garland
and Mayor Taylor ............................................................. 7.
NAYS: None ......................................................... O.
332
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
Ali{PORT: A communication from Mr. C. Paul Kinkade, Chair-~-, Mount
Rogers Planning District C~tssion, transmitting a Resolution adopted by the
Executive Co~tttee on August 6, 1981, expressing support of the proposed runway
extension at Roanoke Hunicipal Airport, Woodrum Field, was before Council.
(For full text, see co,,..,,,~tcation on file in the City Clerk's Office.)
Mr. Harvey moved that the co~unication be received and filed with
appreciation. The motion was seconded by Mr. Garland and adopted by the follow-
ing vote:
AYES: Coancil mombers Harvey, Landis, Thomas, Bowles, Butler, Garland
and Mayor Taylor ............................................................. 7.
NAYS: None ......................................................... 0.
AIRPORT: A co,,-unication from Mr. Andrew Chafin, Executive Director,
Cumberland Plateau Planning District, expressing the support of the Board of
Directors for the runway extension at Roanoke Municipal Airport, Woodrum Field,
was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harvey moved that the communication be received and filed with
appreciation. The motion was seconded by Mr. Garland and adopted by the follow-
ing vote:
AYES: Council members Harvey, Landis, Thomas, Bowles, Butler, Garland
and Mayor Taylor ............................................................ 7.
NAYS: None ......................................................... 0.
AIRPORT: A communication from Dr. Garrett E. Hurt, President, Bed-
ford County Chamber of Commerce, transmitting a Resolution passed by the Board
of Directors on July 16, 1981, expressing support of the runway extension at
Roanoke Municipal Airport, Woodrum Field, was before Council.
(For full text, see co--m~nication on file in the City Clerk's Office.)
Mr. Harvey moved that the co~nunication be received and filed with
appreciation. The motion was seconded by Hr. Garland and adopted by the following
vote:
AYES: Council members Harvey, Landis, Thomas, Bowles, Butler, Garland
and Mayor Taylor .............................................................. 7.
NAYS: None .......................................................... O.
AUDITS: The Director of Finance presented the financial report for
the month of July 1, 1981.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that the report be received and filed. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Harvey, Landis, Thomas, Bowles, Butler, Garland
and Mayor Taylor .............................................................. 7.
NAYS: None ........................................................ O.
CITY EMPLOYEES-PERSONNEL: The qualification of Mr. Ji~nie B. Layman
as a member of the Personnel and Employment Practices Co-~ission for a term of
three years ending June 30, 1984, was before Council.
(See Oath of Office on file in the City Clerk's Office.)
Mr. Harvey moved that the qualification be received and filed. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Harvey, Landis, Thomas, Bowles, Butler, Garland
and Mayor Taylor ............................................................... 7.
NAYS: None .......................................................... 0.
PENSIONS: The qualification of Mr. Thomas L. Robertson as a member of
the Board of Trustees, Employees' Retirement System, for a term of four years
ending June 30, 1985, was before Council.
(See Oath of Office on file in the City Clerk's Office.)
Mr. Harvey moved that the qualification be received and filed. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Harvey, Landis, Thomas, Bowles, Butler, Garland
and Mayor Taylor .............................................................. 7.
NAYS: None ........................................................ 0.
ACT ION:
ACTION:
ACTION:
REFUSE COLLECTION: The qualification of Mr. Joel M. Schlanger as a member
of the Roanoke Valley Regional Solid Waste M--agement Board for a term of four years
ending July 31, 1985, was before Council.
(See Oath of Office on file in the City Clerk's Office.)
Mr. Harvey moved that the qualification be received and filed. The motion
was seconded by Mr. Garland and adopted by the followinl vote:
AYES: Council members Harvey, Landis, Thomas, Bowles, Butler, Garland and
Mayor Taylor ..................................................................... 7.
NAYS: None ............................................................. 0.
REGULAR AGENDA:
MINUTES: Minutes of the regular meeting of Council held on Monday, July 27,
1981, and the regular meeting of Council held on Monday, August 10, 1981, were before
the body.
(For full text, see minutes on file in the City Clerk's Office.)
In reference to the July 27, 1981 minutes, Journal Book 65, Page 313, Dr.
Butler advised that the roll call vote on Ordinance No. 25683 on its second reading,
reflects that Mr. Garland voted in opposition to the Ordinance and he (Dr. Butler)
voted in favor of the Ordinance, and requested that the minutes be corrected to reflect
that Mr. Garland in favor of Ordinance No. 25683 and he (Dr. Butler) voted against Ordi-
nance No. 25683 on its second reading.
Mr. Harvey moved that Council dispense with the reading of the minutes of the
meeting held on July 27, 1981, and that the minutes be approved as recorded, with the
above correction noted by Dr. Butler; that Council dispense with the reading of the
minutes of the meeting held on August 10, 1981, and that the minutes be approved as
recorded. The motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Harvey, Landis, Thomas, Bowles, Butler, Garland and
Mayor Taylor ....................................................................... 7.
NAYS: None .............................................................. 0.
COUNCIL: The City Manager submitted a written report requesting au Executive
Session to discuss a personnel matter.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that Council concur in the request. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Harvey, Landis, Thomas, Bowles, Butler, Garland and
Mayor Taylor ...................................................................... 7.
NAYS: None ............................................................... O.
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A co.~.unication from the Roanoke City School Board requesting
the following appropriations:
$72,280.00 for the ESEA, Title IV-C Program to provide elementary
guidance services, reimbursement to be 90% by federal funds and
10% by local match
$227,427.00 for the ESAA, Title VI Program, reimbursement to be
100% by federal funds
$84,000.00 for P. L. 94-142, Title VI-B Flow-Through funds for
handicapped students, reimbursement to be 100% by federal
funds
$24,831.00 for the Roanoke Detention Home Program, reimburse-
ment to be 100% by state funds
$3,920.00 for the Pre-School Incentive Program for handicap-
ped children ages birth to four years, reimbursement to be
100% by federal funds
$75,100.00 for the ABE/DIAL Program of adult basic education
reimbursement to be 79% by federal funds and 21% by local
match
(For full text, see communication on file in the City Clerk's Office.)
ACTION:
ACTION:
ACTION:
ACTION:
A report of the Director of Finance advising that he has reviewed
the request for appropriations and all programs are transfers within existing
appropriations, or are 1001 reimbursed by State and Federal funds and recommending
that Council concur in the request, was before the body;
(For full text, see report on file in the City Clerk's Office.)
Hr. Landis offered the following emergency Ordinance:
(#25726) AN ORDINANCE to amend and reordain certain sections of the 1981-82
General Fund and Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 52.)
Hr. Landis moved the adoption of the Ordinance. The motion was seconded by
Dr. Butler and adopted by the following vote:
AYES: Council members llarvey, Landis, Thomas, Bowles, Butler, Garland and
Mayor Taylor ........................................................................ 7.
NAYS: None ............................................................... 0.
REPORTS OF OFFICERS:
BRIEFINGS:
CITY MANAGER:
REFUSE COLLECTION: At a special meeting held on Friday, June 26, 1981,
Council voted to retain the current fees for bulk container service for a period of
sixty days and requested that the City Manager review figures provided to Council
during 1981-82 budget study as to accuracy and make reco~mnendations as to ways of
making up the shortfall in revenue for the sixty day period; and further requested
that the City Manager provide sufficient information in order that Council may set the
bulk container rates for additional pickups, effective at the end of the sixty day
period, the City Manager submitted a written report as per the instructions of Council.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that the City continue to provide bulk refuse collection
service with one dumpster per week per location emptied free of charge, and that a $9.00
fee for each additional pickup be imposed; that the shortfall in revenue from the
1981-82 fiscal year budget, in the amount of $335,000.00, be offset by the sale of the
equipment used for emptying dumpsters and that bids be received in January, 1982,
funds from the sale of the equipment to be received by the City prior to the end of
the 1981-82 fiscal year. Mrs. Bowles further moved that beginning July 1, 1982, the
City will no longer be in the business of emptying bulk containers and private haulers
will be authorized to operate the business; and that the City Attorney be instructed
to prepare the proper measure encompassing the above motion and providing that the
City will have the right to review rates established by private haulers. The motion
was seconded by Mr. Harvey and unanimously adopted.
In regard to making the downtown collection of refuse self-supporting, Mr.
Landis moved that Council refer the matter to the City Manager for study, report and
recommendation at the Financial and Planning Session on September 21, 1981. The
motion was seconded by Mr. Thomas and unanimously adopted.
At 3:15 p.m., the Mayor declared the meeting recessed.
At 5:00 p.m., the meeting reconvened in the Council Chamber with all members
of the Council present, Mayor Taylor presiding.
CITY ATTORNEY:
CITY ~{PLOYEES-INSDRANCE: In view of the fact that there persons in attendance
who were interested in the following item, the Mayor advised that with the concurrence
of Council, he would like for the members of Council to consider a report of the City
Attnery in regard to public officials liability insurance.
The City Attorney submitted a written report concurring in a written report
of the City Manager reco~nending that the City Manager be authorized to purchase
public officials liability insurance from Pacific Employers Insurance Company with
coverage in the amount of $3,000,000 for each incident and $3,000,000 annual aggregate
for a fee of $16,757.00 for the first year, $12,568.00 for the second year and $12,568.00
for the third year.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Landis moved that the reports be received and filed. The motion was
seconded by Mr. Thomas and unanimously adopted.
Mr. Landis offered the following emergency Ordinance:
ACTION:
ACTION:
ACTION:
(#25727) AN ORDII/ANCE authorizing the CityManager to procure public
officials liability insurance coverage from Pacific Employers Insurance Company
for a three-year term; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 53.)
Mr. Imndis moved the adoption of the Ordinance. The motion was seconded
by Hrs. Bowles and adopted by the following vote:
AYES: Council members Harvey, Landis, Thomas, Bowles, Butler, Garland
and Mayor Taylor ............................................................. 7.
NAYS: None ......................................................... O.
CITY MANAGER:
ITEMS RECOMMENDED FOR ACTION:
ZONING-SEWERS AND STO~ DRAINS: The City Manager submitted a written
report recommending that he be authorized to enter into a written contract with
C & L Investments and/or Crown Point Associates, Icc., providing for construction
of sanitary sewer improvements in the general area of a 30-unit condominium
complex proposed to be constructed at the southeast corner of Garden City Boule-
vard and Crown Point Road, with the developer providing engineering drawings and
making a lump sum contribution of $15,000.00 toward construction of such sanitary
sewer project.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas offered the following emergency Ordinance:
(#25728) AN ORDINANCE authorizing a certain contract to be entered
between the City and C & L Investments and/or Crown Point Associates, Inc., to
provide for developer contributions toward the construction of a certain sanitary
sewer line; and providing for an emergency,
(For full text of Ordinance, see Ordinance Book No. 47, page 54.)
Hr. Thomas moved the adoption of the Ordinance. The motion was seconde~
by Dr. Butler and adopted by the following vote:
AYES: Council members Harvey, Landis, Thomas, Bowles, Butler, Garland
and Mayor Taylor ............................................................... 7.
NAYS: None ......................................................... 0.
HOUSING: The City Manager submitted a written report recommending
authorization to execute an agreement with the Department of Housing and Urban
Development enabling the City and the City of Roanoke Redevelopment and Housing
Authority to accept property ovmed by H. U. D. or the Veterans Administration
under Section 810 for the Urban Homesteading Program.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#25729) AN ORDINANCE authorizing the City Manager to execute an
Urban Homesteading agreement with the United States Department of Housing and
Urban Development; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 54.)
Mr. Landis moved the adoption of the Ordinance. The motion was seconde
by Dr. Butler and adopted by the following vote:
AYES: Council members Harvey, Landis, Thomas, Bowles, Butler, Garland
and Mayor Taylor ............................................................... 7.
NAYS: None .......................................................... O.
HOUSING: The City Manager submitted a written report concerning an
amendment to the close-out agreements, A-6 Gainsboro, R-42 Downtown East and
R-45 Kimball Urban Renewal Projects between the Department of Housing and Urban
Development, the City of Roanoke, and the City of Roanoke Redevelopment and
Housing Authority.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#25730) AN ORDINANCE authorizing the City Manager to execute an
amendment to the Close-out Agreements for the A-6 (Gainsboro), R-42 (Downtown
East) and R-45 (Kimball) urban renewal projects; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 54.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Dr. Butler and adopted by the following vote:
335
336
ACTION:
ACTION:
ACTION:
AYES: Coumcil members }{arvey, Landis, Thomas, Bowles, Butler, Garland
and Mayor Taylor ............................................................ 7.
NAYS: None ........................................................ O.
EASEMENTS-C & P TELEPHONE COMPANY: The City Mamager submitted a
written report recommending that an easement document be executed to grant C &
P Telephone Company a 5' x 5' easement on the southeast corner of the Health
Center site for installation of an above-ground box for an interconnecting
point.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that the following Ordinance be placed upon its
first reading:
(#25731) AN ORDINANCE authorizing the City Manager to execute and
deliver a deed of easement to the Chesapeake and potomac Telephone Company
of Virginia.
The motion was seconded by Mr. Harvey and adopted by the following
vote:
AYES: Council members Harvey, Landis, Thomas, Bowles, Butler, Garland
and Mayor Taylor ............................................................... 7.
NAYS: None .......................................................... O.
EASEMENTS-C & P TELEPHONE COMPANY: The City Manager submitted a
written report recommending that an easement document be executed to grant C & P
Telephone Company a fifteen foot easement along the northwest boundary of the
airport south clear zone for relocation of existing conduit system.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler moved that the following Ordinance be placed upon its first
reading:
(#25732) AN ORDINANCE providing for the conveyance of an easement over
City property located in the South Clear Zone of Roanoke Municipal Airport, Woodru~
Field, to C & P Telephone Company, subject to certain conditions.
The motion was seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council members Harvey, Landis, Thomas, Bowles, Butler, Garland
and Mayor Taylor ................................................................ 7.
NAYS: None .......................................................... 0.
CENTURY PROJECT-CITY MARKET: The Director of Public Works invited the
members of Council to attend a ground breaking ceremony regarding farmers' stalls
and First Street improvements on Friday, September 4, 1981, at 2:00 p.m., on the
south side of the City Market Building.
CITY ATTORNEY:
CITY EMPLOYEES: The City Attorney submitted a written report transmit-
ting an Ordinance to provide for an amendment to the City Code which would
authorize the City Manager to obtain the criminal history records of applicants
for City employment, permits or licenses.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas moved that the following Ordinance be placed upon its first
reading:
(#25733) AN ORDINANCE amending Article V, City Manager, of Chapter 2,
Administration, of the Code of the City of Roanoke (1979), as amended, by the
addition of a new section, § 2-125, to be entitled Authority to obtain criminal
history record information, permitting the City Manager to obtain certain criminal
history record information.
The motion was seconded by Dr. Butler and adopted by the following
vote:
AYES: Council members Harvey, Landis, Thomas, Bowles, Butler, Garland
and Mayor Taylor .............................................................. 7.
NAYS: None .......................................................... 0.
DIRECTOR OF FINANCE:
a written
Grant No.
GRANTS-OFFENDER AID AND RESTORATION: The Director of Finance submitted
report recom~ending the close-out of Offender Aid and Restoration
80-AS177J.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
ACT ION:
ACTION:
Mr. Landis moved that Council concur in the recommendation. The
motion was seconded by Mrs. Bowles and unan~mmusly adopted.
REPORTS OF CO~4ITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
ZONING: Ordinance No. 25714 amending Ordinance No. 25304, adopted on
September 22, 1980, rezoning, subject to certain conditions, certain property at
3729 and 3735 Hollins Road, N. E., having previously been before the Council for
its first reading on Monday, August 10, 1981, 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:
(#25714) AN ORDINANCE amending Ordinance No. 25304, adopted September 22
1980, rezoning, subject to certain conditions, certain property at 3729 and 3735
Hollins Road, N. E.
(For full text of Ordinance, see Ordinance Book No. 47, page 49.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Landis, Thomas, Bowles, Butler, Garland and
Mayor Taylor .................................................................... 6.
NAYS: Council member Harvey ...........................................
STREETS AND ALLEYS: Ordinance No. 25715 vacating, discontinuing and
closing a 0.477 acre portion of Bullitt Avenue, S. E., extending from the westerly
side of Williamson Road, S. E., approximately 200 feet, shown in detail on Plan
No. 5806 prepared by the City Engineer's Office of the Cit3 of Roanoke, having
previously been before the Council for its first reading on Monday, August 10,
1981, read and adopted on its first reading and laid over, was again before the
body, Mr. Garland offering the following for its second reading and final adoption:
(#25715) AN ORDINANCE permanently vacating, discontinuing and closing
a portion of Buliitt Avenue, S. E., in the City of Roanoke, Virginia, as is more
particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 47, page 50.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Harvey, Landis, Thomas, Bowles, Butler, Garland
and Mayor Taylor .............................................................. 7.
NAYS: None ......................................................... O.
AIRPORT-STATE HIGHWAYS-EASEmENTS: Ordinance No. 25717 providing for
the conveyance of a right of way and easement over City property located in the
South Clear Zone of Roanoke Municipal Airport, Woodrum Field, for storm drain
purposes, subject to certain conditions, having previously been before the
Council for its first reading on Monday, August 10, 1981, read and adopted on
its first reading and laid over, was again before the body, Mr. Thomas offering
the following for its second reading and final adoption:
(#25717) AN ORDINANCE providing for the conveyance of a right of way
and easement over City property located in the South Clear Zone of Roanoke
Municipal Airport, Woodrum Field, for storm drain purposes, subject to certain
conditions.
(For full text of Ordinance, see Ordinance Book No. 47, page 51.)
Mr. Thomas moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Harvey, Landis, Thomas, Bowles, Butler, Garland
and Mayor Taylor ............................................................... 7.
NAYS: None .......................................................... O.
EASE/~ENTS~C & p TELEPHONE COMPANY: Ordinance No. 25718 authorizing
and directing the proper City officials to execute and deliver a certain deed of
easement on the southwest corner of the Preston Park School site to the Chesapeake
and Potomac Telephone Company of Virginia, having previously been before the
Council for its first reading on Monday, August 10, 1981, read and adopted on
its first reading and laid over, was again before the body, Mr. Landis offering
the following for its second reading and final adoption:
(#25718) AN ORDINANCE authorizing and directing the proper City
officials to execute and deliver a certain deed of easement to the Chesapeake
and Potomac Telephone Company of Virginia.
(For full text of Ordinance, see Ordinance Book No. 47, page 51.)
337
338
ACTION:
ACTION:
ACTION:
ACTION:
Mr. Landis moved the adoption of the Ordinance. The motion vas seconded
by Mr. Thomas and adopted by the following vote:
AYES: Council members Harvey, Landis, Thomas, Bowles, Butler, Garland
and Mayor Taylor ............................................................ 7.
NAYS: None ......................................................... O.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COlglENTS BY THE MAYOR AND MEMBEP~ OF COUNCIL:
ROANOKE NEIGHBORHOOD PARTNERSHIP STEERING CO//MITTEE: Mr. Harvey requeste~
that the City Manager submit a report to Council in regard to recommendations
for moving ahead with the Roanoke Neighborhood Partnership Program.
OTHER HEARINGS OF CITIZENS: NONE.
At 5:30 p.m., the Mayor declared the meeting recessed.
At 7:00 p.m., the meeting reconvened in the Council Chamber with
Council members Butler, Harvey, Landis, and Thomas present, Mayor Taylor presiding.
(Mrs. Bowles left the meeting at the conclusion of the Executive Session.)
(Mr. Garland left the meeting during the Executive Session.)
YOUTH SERVICES CITIZEN BOARD: The Mayor called to the attention of
Council that there are two vacancies on the Youth Services Citizen Board due to
the resignations of Mr. Jimy G. Baldwin and Ms. Ellen D. Lawrence; whereupon,
the Mayor called for nominations to fill the two vacancies.
Dr. Butler placed in nomination the name of Mr. William C. Holland to
fill the unexpired term of Ma. Ellen D. Lawrence; and Mr. L. J. Curtis to fill
the unexpired term of Mr. Jify G. Baldwin.
There being no further nominations, Mr. Holland was elected to fill
the unexpired term of Ms. Lawrence, resigned, ending May 31, 1982; and Mr.
Curtis was elected to fill the unexpired term of Mr. Baldwin, resigned, ending
May 31, 1982, by the following vote:
FOR MR. HOLLAND AND MR. CURTIS: Council members Harvey, Landis,
Thomas, Butler and Mayor Taylor ................................................ 5.
(Council members Bowles and Garland were absent.)
PERSONNEL: The Mayor called to the attention of Council that there
is a vacancy on the Personnel and Employment Practices C~ission to fill the
unexpired term of Ms. Stella M. Carpenter, ending June 30, 1982, and called for
nominations to fill the vacancy.
Mr. Harvey placed in nomination the name of Mrs. Louise K. Riddick.
There being no further nominations, Mrs. Riddick was elected as a
member of the Personnel and Employment Practices Commission to fill the unexpired
term of Ms. Stella M. Carpenter ending June 30, 1982, by the following vote:
FOR MRS. RIDDICK: Council members Harvey, Landis, Thomas, Butler and
Mayor Taylor .................................................................. 5.
(Council members Bowles and Garland were absent.)
ROANOKE AREA HEALTH COUNCIL: The Mayor called to the attention of
Council that the term of Mrs. Diane W. Elliott as the City's representative to
the Roanoke Area Health Council will expire on August 31, 1981, and called for
nominations to fill the vacancy.
Mr. Landis placed in nomination the name of Mrs. Diane W. Elliott.
There being no further nominations, Mrs. Elliott was reelected as the
City's representative to the Roanoke Area Health Council for a term of three
years ending August 31, 1984, by the following vote:
FOR MRS. ELLIOTT: Council members Harvey, Landis, Thomas, Butler and
Mayor Taylor ................................................................... 5.
(Council members Bowles and Garland were absent.)
HOUSING: The Mayor called to the attention of Council that the four
year term of Mr. John F. Newsom, Jr., as a Co~,,issioner of the City of Roanoke
Redevelopment and Housing Authority will expire on August 31, 1981, and called
for nominations to fill the vacancy.
Dr. Butler placed /n nomination the name of Mr. John F. Newsom, Jr.
There being no further nominations, Hr. Newsom was reelected as a
Commissioner of the City of Roanoke Redevelopment and Housing Authority for a
term of four years ending August 31, 1985, by the following vote:
FOR MR. NEWSOM: Council members Harvey, Landis, Thomas, Butler and
Mayor Taylor .................................................................... 5.
(Council members Bowles and Garland were absent.)
There being no further business, the Nayor declared the meeting adjourned
at 7:08 p.m.
APPROVED
ATTEST:
City Clerk
Hayor
339
34O
P. EGULAR WEEKLY SESSION ROANOKE CITY COUNCIL
September 8, 1981
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the Council Chamber
in the Hunicipal Building, City of Roanoke, 215 Church Avenue, S. W., on Tuesday, September
18, 1981, at 2:00 p.m., the regular meetin8 hour, with Vice-Mayor Wendell R. Butler presidin$.
PRESENT: Council members Charles L. Landis, Elizabeth T. Bowles, Robert A.
Garland, James G. Harvey, II, and Vice-Mayor Wendell H. Butler ............................ 5.
ABSENT: Council member Hampton W. Thomas and Hayor Noel C. Taylor .............. 2.
OFFICERS PRESENT: Mr. H. B. EAeert, City HanaEer; Mr. Sam H. HcGhee, III, Assistant
City Manager; Mr. Joel M. Schlan§er, Director of Finance; Mr. Wilburn C. Dibling, Jr., City
Attorney; and Hs. Mary F. Parker, City Clerk.
The invocation was delivered by the Reverend Lester L. Ferguson, Pastor, Oakland
Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America was led by
Vice-Mayor Butler.
PROCLAMATIONS: On behalf of the Mayor, the Vice-Mayor presented a
proclnmmtion declaring the week of September 17 - 23, 1981, as Constitution Week
in the City of Roanoke and urged all citizens to pay special attention during
that week to our Federal Constitution and the advantages of American Citizenship.
(For full text, see proclmm~tion on file in the City Clerk's Office.)
CITY GOVERNMENT: Mrs. Nina Bolden, President, Roanoke Sister Cities,
appeared before Council and presented the Vice-Mayor with a plaque awarded to the
City of Roanoke by the Reader's Digest Foundation for the Best Single Project in
the City's population category for the Sister City Program, advising that the
plaque was presented at the 25th anniversary conference of Sister Cities Internati,
in Kansas City, Mo., on August 19 - 22. Mrs. Bolden stated that the project
honored was the training in Roanoke of two officials from Kisumu, Kenya, last
fall.
(See communication on file in the City Clerk's Office.)
tion.
On behalf of the Mayor, the Vice-Mayor accepted the award with apprecia-
PARKS AND PLAYGROUNDS: Pursuant to notice of advertisement for bids
for improvements to five city parks, said proposals to be received by the City
Clerk until 1:30 p.m., on Tuesday, September 8, 1981, and to be opened and read
before the Council at 2:00 p.m., on that date, 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:
Watts and Boxley S.R. Draper
John A. Hall Breakell, Acorn Const. Const. Paving Co.,
& Co.~ Inc. Inc. Co. Ltd. Co. Inc.
Washington
Park
Add Alt. 1
$ 22,787.00 $ 56,500.00 $ 53,156.00 $ 58,343.00
12,000.00 16,000.00 15,315.00 16,200.00
Eureka Park
Add Alt. 1
Melrose
Park
Add Alt. 1
19,950.00 44,500.00 44,331.00 50,064.00
16,200.00 22,500.00 19,180.00 23,953.00
35,426.00 37,500.00 30,205.00 37,177.00
17,810.00 22,500.00 16,829.00 22,269.00
Highland
Park
Add Alt. 1
Golden Park
Add Alt. 1
Total Five
Parks
Total Alt. 1
65,230.00 58,500.00 58,318.00 66,188.00
8,255.00 12,300.00 10,781.00 13,362.00
23,200.00 73,500.00 70,265.00 75,232.00
19,950.00 29,700.00 28,448.00 30,535.00
260,500.00
102,200.00
$266,600.00
99,700.00
248,000.00
87,500.00
270,004.00
106,319.00
ACTION:
Mr. Garland 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. Harvey and adopted.
The Vice-Mayor appointed Messrs. Charles L. Landis, Chairman, W. Robert
Herbert, Richard B. Burrow and Ms. Francis Boon as members of the corm, ittee.
ACTION:
ACTION:
ACTION:
ACTION:
CO~SE~T AGENDA:
The Vice-Mayor advised that all matters listed under the Consent Agenda
were considered Co be routine by the City Council and would be enacted by one
motion in the forms listed on the agenda, and if discussion was desired, chat
item would be removed from the Consent Agenda and considered separately. Be
noted chat there were two requests for Executive Sessions to discuss a real
estate matter and a personnel matter.
STREETS AND ALLEYS-PARKS AND PLAYGROUNDS-BRIDGES-STREET LIGHTS: A
report of the City Manaser in response to a communication from Council_~an Hamptnn
W. Thomas in regard to Wiley Drive, the old road leading up to Mill Hountain, and
lack of proper lighting facilities on Jefferson Street Bridge, 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. Garland and adopted by the following vote:
AYES: Council members Landis, Bowles, Garland, Harvey and Vice-Mayor
Butler ...................................................................... 5.
NAYS: None ....................................................... O.
(Council member Thomms and Mayor Taylor were absent.)
STREETS AND ALLEYS: A report of the City Manager requesting that
public hearings on the requests of the City of Roanoke and of Total Action
Against Poverty in the Roanoke Valley for two alley closures be set for September
28, 1981; viz: request of Mr. Richard B. Kaufman, Assistant City Attorney,
representing the City of Roanoke, that an alley lying to the west of Lot 130,
Roanoke Land and Improvement Company, between Campbell Avenue and Kirk Avenue, S.
E.; and request of Mr. Charles E. Kluttz, Attorney, representing Total Action
Against Poverty in the Roanoke Valley, Inc., that a certain alleyway beginning
on 5th Street, N. W., and running between Lots i - 11, Block 19, Northside Subdi-
vision, and Lots 17 - 27, Block 5, Rogers, Fairfax and Houston Subdivision, was
before Council.
(For full text, see report on file in the City Clerk's Office.)
~s. Bowles moved that Council concur in the report and set the public
hearings for Monday, September 28, 1981, at 2:00 p.m. The motion was seconded by
Mr. Garland and adopted by the following vote:
AYES: Council members Landis, Bowles, Garland, Harvey and Vice-Mayor
Butler ...................................................................... 5.
NAYS: None ........................................................ 0.
(Council member Thomas and Mayor Taylor were absent.)
COUNCIL: A report of the City Manager requesting an Executive Session
to discuss a real estate matter, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the request. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Landis, Bowles, Garland, Harvey and Vice-Mayor
Butler ........................................................................ 5.
NAYS: None ......................................................... O.
(Council member Thomas and Mayor Taylor were absent.)
COUNCIL: A report of the City Manager requesting an Executive Session
to discuss a personnel matter, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the request. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Landis, Bowles, Garland, Harvey and Vice-Mayor
Butler ........................................................................ 5.
NAYS: None ......................................................... 0.
(Council member Thomas and Mayor Taylor were absent.)
TAXES: An informational report of the Director of Finance on local
taxes, was before Council.
(For full text, see report on file in the City Clerk's Office.)
341
342
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
Hrs. Bowles moved that the report be received and filed. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Landis, Bowles, Garland, Harvey and Vice-Mayor
Butler ................................................................... 5.
NAYS: None ............................................ O.
(Council member Thomas and Mayor Taylor were absent.)
PENDING ITEMS: A list of items pending from February 7, 1977, through
August 24, 1981, was before Council.
(For full text, see list on file in the City Clerk's Office.)
Mrs. Bowles moved that the list be received and filed. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Landis, Bowles, Garland, Harvey, mhd Vice-Mayor
Butler ......................................... 5.
NAYS: None .......................................................... 0.
(Council member Thomas and Mayor Taylor were absent.)
YOUTH SERVICES CITIZEN BOARD: The qualification of Mr. William C.
Holland to fill the unexpired term of Ms. Ellen D. Lawrence, resigned, ending May
31, 1982; Mr. L. J. Curtis to fill the unexpired term of Mr. Jimmy G. Baldwin,
resigned, ending May 31, 1982; and Hr. Wallace I. Allen for a term of three years
ending May 31, 1984, as members of the Youth Services Citizen Board, was before
Council.
(See Oaths of Office on file in the City Clerk's Office.)
Mrs. Bowles moved that the qualification be received and filed. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Landis, Bowles, Garland, Harvey and Vice-
Mayor Butler ................................................................
NAYS: None ........................................................ 0.
(Council member Thomas and Mayor Taylor were absent.)
PERSONNEL: The qualification of Hrs. Louise K. Riddick to fill the
unexpired term of Hrs. Stella M. Carpenter, ending June 30, 1982, and Ms. Judy O.
Witcher for a term of three years ending June 30, 1984, as members of the Personnel
and Employment Practices Con~ission, was before Council.
(See Oath of Office on file in the City Clerk's Office.)
Mrs. Bowles moved that the qualification be received and filed. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Landis, Bowles, Garland, Harvey and Vice-Mayor
Butler ......................................................................... 5.
NAYS: None .......................................................... O.
(Council member Thomas and Mayor Taylor were absent.)
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
FIRE DEPARTMENT: A connnunication from Councilm,n Hampton W. Thomas
advising that it has come to his attention that many individual and business
citizens are not fully aware of the fire lane requirements now imposed upon
certain establishments, particularly shopping centers, that some business owners
have indicated they feel the requirements unjustly affect their business and
other individual citizens have indicated they feel the requirements have been
enforced arbitrarily, and requesting that the City Manager respond to certain
questions as set forth in the con~nunication, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
In this connection, a report of the City Attorney advising as to the
legal aspects of the matter, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis moved that the matter be referred to the City Manager for
study and report to Council at its next regular meeting on Monday, September 14,
1981. The motion was seconded by Mrs. Bowles and adopted.
343
ACTION:
ACTION:
ACTION:
COMPLAINTS-TRAFFIC-REFUSE COLLECTION: A communication from Mr. Frederic
H. Phillips, Preside~t, Rsanoke ~ountry Club, Inc., requesting that ~-.-~diate
action be taken to correct certain unacceptable conditions resulting from the
Melrose Avenue Flea Market located at the corner of Melrose Avenue and Country
Club Drive, N. W., was before Council.
(For full text, see co~unication on file in the City Clerk's Office.)
Mrs. R~n Perkins, wife of the General Manager, Southern Trader's Flea
Market, appeared before Council und read a co~m,nication from her husband in
regard to the matter.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harvey moved that the matter be referred to the City Manager for
investigation and report to Council. The ~otion was seconded by Mr. Landis and
adopted.
Mr. Landis inquired as to whether provisions of the business license tax
code apply to flea markets.
In regard to debris, Mrs. Bowles requested that the City Attorney
advise as to whether or not the blame can be placed upon the person causing the
problem rather than the owner of the business.
REPORTS OF OFFICERS:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
CONSULTANT'S REPORTS-ENERGY CONSERVATION: The City Manager submitted
a written report reco~ending that he be authorized to enter into a contract with
Wiley and Wilson to provide an Energy Conservation Study regarding ten city
buildings, in the amount of $15,731.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#25734) AN ORDINANCE authorizing the City Manager to enter into a
contract with Wiley and Wilson to provide an Energy Conservation Study regarding
ten City buildinga~ and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No.
Mr. Garland moved the adoption of the Ordinance. The motion was
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Landis, Bowles, Garland, Harvey and Vice-Mayor
Butler ........................................................................ 5.
NAYS: None ........................................................ 0.
(Council member Thomas and Mayor Taylor were absent.)
PUBLIC ASSISTANCE-HEALTH DEPARTMENT: The City Manager submitted a
written report reco~m~ending authorization to sign the State-Local Hospitalization
Agreement to provide outpatient care for indigent or medically indigent persons
by the Roanoke City Health Department for the period of July 1, 1981, through
June 30, 1982.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency Ordinance:
(#25735) AN ORDINANCE authorizing an agreement to be entered into with
the Roanoke City Health Department to provide for out-patient care and treatment
at the Department's clinic; authorizing a rate to be charged for such care and
treatment; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No.
Mr. Harvey moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Landis, Bowles, Garland, Harvey and Vice-Mayor
Butler ...................................................................... 5.
NAYS: None ....................................................... O.
(Council member Thomas and Mayor Taylor were absent.)
HEALTH DEPARTMENT-PUBLIC ASSISTANCE: The City Manager submitted a
written report recommending authorization to execute State-Local Hospitalization
Agreements with six hospitals and the State Department of Welfare to provide
hospitalization and outpatient treatment for indigent citizens of the City for
the period of July 1, 1981, through June 30, 1982.
(For full text, see report on file in the City Clerk's Office.)
344
ACTION:
ACTION:
kCTION:
ACTION:
Hr. Garland moved that the follo~ring Ordinance be placed upon its first
reading:
(t25736) A~ ORDINANCE authorizing the City Manager to execute State-
Local Hospitalization Plan Agreements with the State Department of Welfare and
certain hospitals to provide for in-patiant and out-patient care and treatment
for certain indigent citizens at certain rates.
The motion was seconded by Hr. Landis and adopted by the following
vote:
AYES: Council members Landis, Garland, Harvey and Vice-Mayor Butler--4.
NAYS: None ......................................................... 0.
(Mrs. Bowles abstained from voting because she serves on the Board of Directors
of Com~unity Hospital.) (Council member Thomas and Mayor Taylor were absent.)
CITY ATTOP~NEY:
TRAFFIC: The City Attorney submitted a written report advising that by
Ordinance No. 25702 Council amended the motor vehicles and traffic chapter of the
Code of the City of Roanoke (1979), as amended, to include a new section entitled
Removal of disabled vehicles from paved surface of hi~hway~ tima limit for disabled
abandoned or unlicensed vehicles standtn~ on highway, that inadvertently, this
new section was designated Section 20-74 and should have been designated as
Section 20-75.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency Ordinance:
(#25737) AN ORDINANCE amending Divisions 1 and 3 of Chapter 20, Motor
Vehicles and Traffic, Code of the City of Roanoke (1979), as amended, by changing
the designation of a new section entitled Removal of disabled vehicles from paved
surface of hi~hway~ time limit for disabled~ abandoned or unlicensed vehicles
standin~ on highway added by Ordinance No. 25702, adopted on August 10, 1981,
from Section 20-74 to Section 20-75, by ~-~nding Section 20-89(b)(3), the penalty
section for this offense, to reflect this change; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No.
Mr. Harvey moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Landis, Bowles, Garland, Harvey and Vice-Mayor
Butler .......................................................................... 5.
NAYS: None .......................................................... 0.
(Council member Thomas and Mayor Taylor were absent.)
DIRECTOR OF FINANCE:
GRANTS-CONSULTANT'S REPORTS: The Director of Finance submitted a
written report recommending that $12,840.00 be transferred to provide funds for
payment to David M. Griffith and Associates, Ltd., for development of a cost
allocation plan, and that the firm be hired again to develop the plan based on
fiscal year 1980-81 data.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#25738) AN ORDINANCE to amend and reordain certain sections of the
1980-81 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No.
Mr. Landis moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Landis, Bowles, Garland, Harvey and Vice-Mayor
Butler ......................................................................... 5.
NAYS: None .......................................................... O.
(Council member Thomas and Mayor Taylor were absent.)
Mrs. Bowles moved that Council concur in the recom-~=ndatian of the
Director of Finance and that the report be referred to the City Attorney for
preparation of the proper measure. The motion was seconded by Mr. Harvey and
adopted.
REPORTS OF COMMITTEES:
ROANOKE NEIGHBORHOOD PARTNERSHIP PROGRAM: Mr. James M. Turner, Jr.,
Chairman of the Roanoke Neighborhood Partnership Steering Committee, appeared
before Council and presented a report of the Steering Committee recommending
use of Community Development Block Grant Funds allocated to the Partnership this
year as follows:
345
Pro~ra~ Coordinato_______~r
*l, Personnel
2. Supplies/Telephone
Printing/Xerox
Subtotal
Special Services
1. Training/Program Development
Subtotal
**Mini-Grants to
Nei~hborhood Organizations
Subtotal
TOTAL BUDGET
*Nine months, includes fringe
15,098.00
1,500.00
3,000.0p
19,598.00
6,402.00
6,402.00 (12.5%)
25,500.00
25,500.00 (49.5%)
51,500.00 (1001)
**Includes $1,500.00 contribution from Allstate Insurance Co.
ACTION:
ACTION:
ACTION:
Mr. David Rowe, representing Allstate Insurance Company, appeared
before Council and presented the Vice-Mayor with a check in the amount of $1,500.0(
in support of the Roanoke Neighborhood Partnership.
Mr. Abdul Mubdee Shakir, Executive Director, Roanoke Neighborhood
Alliance, appeared before Council and read a communication from Mr. Frederick
Brown, St., Chairman, Roanoke Neighborhood Alliance Board of Directors, advising
that the Neighborhood Alliance will consult with the Steering Committee to be
considered as a contractor to coordinate the Partnership Program.
(For full text, see communicatiom on file in the City Clerk's Office.)
In this connection, a report of the City Manager recommending that
Council authorize the expenditure of funds already appropriated for the
Program in fiscal year 1981-82 in accordance with the budget submitted by the
Steering Co~ittee; and that the City Manager be authorized to enter into agree-
ments necessary to carry out the Partnership Program in fiscal year 1981-82 which
shall include the employment of a Program Coordinator, any agreements and covenant
to be in a for~ acceptable to the City Attorney and be developed in concert with
the Neighborhood Partnership Steering Committee, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis moved that the report of the Roanoke Neighborhood Partner-
ship Steering Committee be received and filed with appreciation. The motion was
seconded by Mrs. Bowles and adopted.
Mr. Harvey moved that Council concur in the reco~nendations of
the City Manager. The motion was seconded by Mrs. Bowles and adopted.
FLOODS: A report of the Flood Plain Committee recommending that Council
by Resolution renew its interest in the Corps of Engineers Roanoke River Upper
Basin Study and that the City comlmanicate with the appropriate officials and
representatives expressing concern on the seemingly slow pace of said study, was
before Council.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(#25739) A RESOLUTION urging the expeditious completion of the Roanoke
River Upper Basin Study by the United States Army Corps of Engineers.
(For full text of Resolution, see Resolution Book No.
Mrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Landis, Bowles, Garland, Harvey, and Vice-Mayor
Butler ..................................................................... 5.
NAYS: None ...................................................... O.
(Council member Thomas and Mayor Taylor were absent.)
STREETS AND ALLEYS: Councilman Charles L. Landis, Chairman of the
committee appointed by the Mayor to tabulate bids received for paving of various
streets in the City of Roanoke, submitted a written report of the committee
recon,~ending that the low joint bid of Adams Construction Company and Virginia
Asphalt Paving Company, Inc., in the amount of $525,000.00 be accepted, and that
funds be transferred tharefor.
(For full text, see report on file in the City Clerk's Office.)
'346
ACTION
ACTION:
ACTION:
ACTION:
ACTION:
Hr. Landis offered the following emergency Ordinance transferring
funds:
(~25740) A~ ORDINANCE to -,,~ad and reordain certain sections of the
1980-81 General Fund and Capital Projects Fund Appropriations, and providing for
an emergency.
(For full text of ordinance, sea Ordinance Book No.
Mr. Landis moved the adoption of the Ordinance. The motion was seconded
by Hr. Harvey and adopted by the following vote:
AYES: Council members Landis, Bowles, Garland, Harvey and Vice-Mayor
Butler .................................................................. 5.
NAYS: None ....................................................... 0.
(Council member Thomas and Mayor Taylor were absent.)
Mr. Landis offered the following emergency Ordinance:
(#25741) AN ORDINANCE accepting the joint proposal of Ad-m~ Constructiom
Company and Virginia Asphalt Paving Company, Incorporated, for the paving of
streets at various locations in the City of Roanoke; authorizing the proper City
officials to execute the requisite contract; rejecting other bids received for
said work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No.
Mr. Landis moved the adoption of the Ordinance. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Landis, Bowles, Garland, Harvey and Vice-Mayor
Butler ....................................................................... 5.
NAYS: None ....................................................... 0.
(Council member Thomas and Mayor Taylor were absent.)
AIRPORT: Councilman Charles L. Landis, Chairman of the committee
appointed by the Mayor to study the bid received from Piedmont Aviation, Incorpor-
ated, for hangar construction at Roanoke Municipal Airport, Woodrum Field,
submitted a written report of the Committee recomending that Council accept the
terms of the lease with Piedmont Aviation, Incorporated, as follows: lease
60,000 square feet of land, for $.02 per square foot per year, lease to be for a
minimum period of 25 years synchronized with the terms of the current fixed base
operation agreement with Piedmont Aviation; and Piedmont Aviation to construct a
hangar of 34,560 square feet and to operate s~me as a Fixed Base Operation for
the extent of the lease.
(For full text, see report on file in the City Clerk's Office.)
In this connection, a report of the City Manager concurring in the
recommendation, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis moved that the following Ordinance be placed upon its first
reading:
(#25742) AN ORDINANCE providing for the lease by the City to Piedmont
Aviation, Inc. of real property at Roanoke Municipal Airport, Woodrum Field, for
the construction and operation of a hangar for its fixed-base operation.
The motion was seconded by Mr. Harvey and adopted by the following
vote:
AYES: Council members Landis, Bowles, Garland, Harvey and Vice-Mayor
Butler ....................................................................... 5.
NAYS: Nome ........................................................ 0.
(Council member Thomas and Mayor Taylor were absent.)
Mr. Harvey moved that the report of the City Manager be received and
filed. The motion was seconded by Mr. Garland and adopted.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
EASEMENTS-C & P TELEPHONE COMPANY-HEALTH DEPARTMENT: Ordinance No.
25731 authorizing the City Manager to execute and deliver a deed of easement to
the Chesapeake and Potomac Telephone Company of Virginia conveying an easement on
the southeast corner of the Health Center site at 820 Campbell Avenue, S. W.,
having previously been before the Council for its first reading on Monday, August
24, 1981, read and adopted on its first reading and laid over, was again before
the body, Mrs. Bowles offering the following for its second reading and final
adoption:
ACTION:
ACTION:
ACTION:
(~25731) AN 0BDINA~CE authoriz/ng the City ~mager to execute and
deliver a deed of easement to the Chesapeake and Potomac Telephone Company of
Virgfmia.
(For full text of Ordinance, see Ordinance Book No.
Mrs. Bowles moved the adoption of the Ordinance. The motion was seconded
by Mr. Landis and adopted by the following vote:
AYES: Council members Landis, Bowles, Garland, Harvey and Vice-~ayor
Butler ....... 5.
NAYS: None ...................................................... 0.
(Council member Thomas and Mayor Taylor were absent.)
EASEMENTS-C & P TELEPHONE COMPANY-AIRPORT: Ordinance No. 25732 providing
for the conveyance of an easement over City property located in the South Clear
Zone of Roanoke Municipal Airport, Woodrum Field, to the Chesapeake and Potomac
Telephone Company, subject to certain conditions, having previously been before
the Council for its first reading on Monday, August 24, 1981, 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:
(#25732) AN ORDINANCE providing for the conveyance of an easement over
City property located in the South Clear Zone of Roanoke Municipal Airport,
Woodrum Field, to C & P Telephone Company, subject to certain conditions.
(For full text of Ordinance, see Ordinance Book No.
Mr. Harvey moved the adoption of the Ordinance. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Landis, Bowles, Garland, Harvey and Vice-Mayor
Butler ....................................................................... 5.
NAYS: None ......................................................... O.
(Council member Thomas and Mayor Taylor were absent.)
POLICE DEPARTMENT-CITY EMPLOYEES-LICENSES: Ordinance No. 25733 permittin
the City Manager to obtain certain criminal history record information of applicant
for City employment, permits or licenses, having previously been before the
Council for its first reading on Monday, August 24, 1981, 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:
(#25733) AN ORDINANCE amending Article V, City Manager, of Chapter 2,
Administration, ef the Code of the City of Roanoke (1979), as amended, by the
addition of a new section, Section 2-125, to be entitled Authority to obtain
criminal history record information, permitting the City Manager to obtain
certain criminal history record information.
(For full text of Ordinance, see Ordinance Book No.
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Landis and adopted by the following vote:
AYES: Coumcil members Landis, Bowles, Garland, Harvey and Vice-Mayor
Butler ....................................................................... 5.
NAYS: None ........................................................ 0.
(Council member Thomas and Mayor Taylor were absent.)
VIRGINIA MUNICIPAL LEAGUE: Mr. Landis offered the following Resolution
designating Mayor Noel C. Taylor as the Voting Delegate and Council member
Elizabeth T. Bowles as the Alternate Voting Delegate for the Business Session of
the 1981 Annual Meeting of the Virginia Municipal League and designating Mayor
Noel C. Taylor as the Voting Delegate, Council member Elizabeth T. Bowles as the
Alternate Voting Delegate and Mr. H. B. Ewert or his designee as the Staff
Assistant for meetings of the Urban Section of the Virginia Municipal League:
(#25743) A RESOLUTION designating a Voting Delegate and Alternate
Voting Delegate for the Business Session of the 1981 Annual Meeting of the Virginia
Municipal League and a Voting Delegate, Alternate Voting Delegate and Staff
Assistant for meetings of the Urban Section.
(For full text of Resolution, see Resolution Book No.
Mr. Landis moved the adoption of the Resolution. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council members Landis, Bowles, Garland, Harvey and Vice-Mayor
Butler ....................................................................... 5.
NAYS: None ........................................................ 0.
347
348
ACT ION:
ACTION:
ATTEST:
(Council m~mber Thomas and Mayor Taylor were absent.)
VIRGINIA MUNICIPAL LEAGUE: Mrs. Bowles offered the following Resolution
expressing the desire of the Council of the City of Roanoke that the City of
Roanoke be the site for the 1985 Annual Meeting of the Virginia Municipal League:
(~25744) A RESOLUTION expressing the desire of this Council that the
City of Roanoke be the site for the 1985 Annual Heeting of the Virginia Hunicipal
League.
(For full text of Resolution, see Resolution Book No.
Hrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Hr. Garland and adopted by the following vote:
AYES: Council members Landis, Bowles, Garland, Harvey and Vice-Hayor
Butler ......................................................................... 5.
NAYS: None .......................................................... -0.
(Council member Thomas and Mayor Taylor were absent.)
COUNCIL: Hr. Harvey offered the following Resolution cancelling the
Financial and Planning Heeting of Council scheduled for September 21, 1981:
(#25745) A RESOLUTION cancelling the Financial and Planning Meeting of
Council scheduled for September 21, 1981.
(For full text of Resolution, see Resolution Book No.
Hr. Harvey moved the adoption of the Resolution. The motion was
seconded by Nr. Landis and adopted by the following vote:
AYES: Council members Landis, Bowles, Garland, Harvey and Vice-Mayor
Butler ...................................................................... 5.
NAYS: None ......................................................... 0.
(Council member Thomas and Mayor Taylor were absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMHENTS BY THE HAYOR AND ~2tBERS OF COUNCIL: NONE.
OTHER HEARINGS OF CITIZENS: NONE.
There being no further business, the Vice-M~yor declared the meting
adjourned at 3:35 p.m.
City Clerk
APPROVED
Vice-Mayor
REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL
September 14, 1981
7:30 p.m.
The Council of the City of Roanoke met in regular meeting in the Council Chamber
in the Hunicipal Building, City of Roanoke, on Honday, September 14, 1981, at 7:30 p.m.,
the regular meeting hour, with Hayor Noel C. Taylor presiding.
PRESENT: Councilmembers Hampton W. Thomas, Elizabeth T. Bowles, Wendell H.
Butler (arrived at 7:50 p.m.), Robert A. Garland, James G. Harvey, II, Charles L. Landis
and Hayor Noel C. Taylor .............................................................. 7.
ABSENT: None ............................................................... O.
OFFICERS PRESENT: Mr. Sam H. McGhee, III, Assistant City Manager; Mr. Wilburn
C. Dibling, Jr., City Attorney; Mr. William M. Hackworth, Assistant City Attorney; Mr.
James D. Grisso, Deputy Director of Finance; and Ms. Mary F. Parker, City Clerk.
The invocation was delivered by the Reverend Albert A. Peverall, Pastor, First
Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America was led by
Mayor Taylor.
PUBLIC HEARINGS:
ACTION:
ACTION:
FLOODS: Council having authorized the City Clerk to set a public
hearing for Monday, September 14, 1981, at 7:30 p.m., or as soon thereafter as
the matter could be heard on the proposed amendment of the City's zoning and
subdivision regulations to incorporate certain minimum standards for the regula-
tion of development in the floodplain districts of the City as a prerequisite
for continued eligibility of the City in the National Flood Insurance Program,
the matter was before the body.
The City Manager submitted a written report recommending that Council
adopt the proposed zoning and subdivision regulations, noting that flood insurance
would continue to be available and at increased levels of coverage, property
protection for new construction would remain approximately the same under existing
zoning provisions, and land usability in some instances will be slightly increased
(For full text, see report on file in the City Clerk's Office.)
A Resolution adopted by the Roanoke City Flood Plain Committee on July
29, 1981, in support of the City participating in the regular Flood Insurance
Program as offered by the Federal Insurance Administration, was before Council.
(For full text, see Resolution on file in the City Clerk's Office.)
The City Engineer presented an oral briefing on the program.
No citizen wishing to address the matter, Hr. Thomas moved that the
following Ordinance be placed upon its first reading:
(#25746) AN ORDINANCE amending and reordaining Division 4, Floodplain
Zone ReBulations, of Article IV, Supplementary District ReBulations, and subsectio
(a) of Section 36-520, Application for zoning permit, of Chapter 36, Zoning, of
the Code of the City of Roanoke (1979), as amended, establishing new floodplain
districts, providing for certain minimum regulations for development in the
floodplain districts, providing for the application and administration of the
floodplain regulations, and providing for variances from such regulations.
The motion was seconded by Mr. Garland and adopted by the following
vote:
AYES: Council members Thomas, Bowles, Garland, Harvey, Landis and
Mayor Taylor ................................................................. 6.
NAYS: None ........................................................ O.
(Vice-Mayor Butler had not arrived at the meeting.)
Mr. Thomas moved that the following Ordinance be placed upon its first
reading:
(#25747) AN ORDINANCE amending and reordaining Section 31-28, Approval
or disapproval of preliminary plat, and Section 31-29, Additional material as
part of preliminary plan, of Chapter 31, Subdivisions, Code of the City of Roanoke
(1979), as amended, by the addition of certain subparagraphs pertaining to the
review of proposed subdivisions within floodplain districts.
349
The motion was seconded by Mr. Garland and adopted by the following
vote:
350
ACTION:
ACTION:
ACTION:
ACTION:
AYES: Councilmembers Thomas, Bowles, Garland, Harvey, Landis and
Mayor Taylor ............................................................... 6.
NAYS: None .................................................... 0.
(Vice-Mayor Butler had not arrived at the meeting.)
CONSENT AGE1/DA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the City Council and would be enacted by one
motion in the forms listed on the agenda, and if discussion was desired, that
item would be removed from the Consent Agenda and considered separately. He
noted that there were three requests for Executive Sessions to discuss personnel
matters, a real estate matter and a matter of potential litigation.
MINUTES: Minutes of the regular meeting of Council held on Monday,
August 24, 1981, and the regular meeting of Council held on Tuesday, September
8, 1981, 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.
Garland and adopted by the following vote:
AYES: Councilmembers Thomas, Bowles, Garland, Harvey, Landis and
Mayor Taylor ................................................................... 6.
NAYS: None .......................................................... O.
(Vice-Mayor Butler had not arrived at the meeting.)
COUNCIL: A con~nunication from the Mayor requesting an Executive
Session to discuss personnel matters, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the request. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Councilmembers Thomas, Bowles, Garland, Harvey, Landis and
Mayor Taylor ................................................................ 6.
NAYS: None ....................................................... 0.
(Vice-Mayor Butler had not arrived at the meeting.)
COUNCIL: A report of the City Manager requesting an Executive Session
to discuss a real estate matter, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the request. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Councilmembers Thomas, Bowles, Garland, Harvey, Landis and
Mayor Taylor .................................................................... 6.
NAYS: None .......................................................... 0.
(Vice-Mayor Butler had not arrived at the meeting.)
COUNCIL: A report of the City Attorney requesting an Executive Session
to discuss a matter of potential litigation, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the request. The motion
was seconded by Hr. Garland and adopted by the following vote:
AYES: Councilmembers Thomas, Bowles, Garland, Harvey, Landis and
Mayor Taylor ................................................................. 6.
NAYS: None ........................................................ 0.
(Vice-Mayor Butler had not arrived at the meeting.)
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
RADIO-TELEVISION: The Mayor presented written material from the
United States Conference of Mayors in regard to possible elimination of city
authority to regulate cable television franchises, advising that this action is
in opposition to the Conference Policy adopted in Louisville at the Annual
Conference of Mayors.
(See written material on file in the City Clerk's Office.)
351
ACTION:
ACTION:
ACTION:
Hr. Garland offered the following Resolution expressing the position
of Council that local governments should have the authority to regulate cable
television franchises and expressing opposition to Senate Bill 898:
(#25748) A RESOLUTION expressing the position of this Council that
local governments should have the authority to regulate cable television
and expressing opposition to S. 898.
(For full text of Resolution, see Resolution Book No. 47, page 63.)
Mr. Garland moved the adoption of the Resolution. The motion was
seconded by Hr. Landis amd adopted by the following vote:
AYES: Council members Thomas, Bowles, Garland, Harvey, Landis and
Mayor Taylor .................................................................. 6.
NAYS: None ......................................................... O,
(Vice-Mayor Butler had not arrived at the meeting.)
BUDGET-SCHOOLS: A communication from the Roanoke City School Board
requesting certain appropriations as follows:
$237,268.60 for the ESEA Title I Carryover Program to aid
economically disadvantaged children by providing educational
and health services to targeted schools, totally reimbursed
by federal funds
$972,320.00 for the ESEA Title I Winter Program for disad-
vantaged children, totally reimbursed by federal funds
$1,000.00 for the ESAA Special Arts Program to fund the em-
ployment of artists, attendance at special performances, and
other expenses for visiting and resident artists, totally
reimbursed by federal funds
$4,346.00 for the CETA Title VI Community Education Program
to balance the appropriation with the contract modification,
totally reimbursed by federal funds
$294,644.00 for the P. L. 94-142, VI-B Flow-Through Program
to aid handicapped students, totally reimbursed by state and
federal funds
(For full text, see communication on file in the City Clerk's Office.)
The Director of Finance submitted a written report advising that all
programs are transfers within existing appropriations, or are 100% reimbursed by
State and Federal funds and recommending that Council concur in the request.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#25749) AN ORDINANCE to amend and reordain certain sections of the
1981-82 Grant Programs Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 63.)
Mr. Landis moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Thomas, Bowles, Garland, Harvey, Landis and
Mayor Taylor ................................................................. 6.
NAYS: None ........................................................ 0.
(Vice-Mayor Butler had not arrived at the meeting.)
REPORTS OF OFFICERS:
BRIEFINGS:
FIRE DEPARTMENT: The Director of Administration and Public Safety
presented an oral briefing in regard to fire lanes, advising that on July 1,
1980, Council adopted the BOCA Basic Fire Prevention Code, 1978, which incorporate~
provisions enabling the Fire Department to designate fire lanes on public streets;
private parking lots open to public, designed to accommodate 50 or more vehicles;
and facilities including places of assembly, hotels, motels, shopping centers,
schools, hospitals, and nursing homes/public housing for the elderly.
(See report on file in the City Clerk's Office.)
At this point, 7:50 p.m., Dr. Butler entered the meeting.
Mr. Garland moved that the report be received and filed. The motion
was seconded by Mr. Thomas and unanimously adopted.
352
ACTION:
ACTION:
CELEB~TIONS: Mr. John R. Turbyfill, Chair-~-, Roanoke Centemnial
Co-,-ittee, appeared before Council and presented an oral report on proposed
activities for the 1982 centennial celebration.
Hr. Laban Johnson, Chairman of the Events Co~ittee, presented a calen-
dar of centennial events.
(See calendar of events on file in the City Clerk's Office.)
Mr. Turbyfill advised that a lease has been signed for property at 408
South Jefferson Street for a centennial building and the facility will be staffed
in cooperation with the Roanoke Historical Society; the colittee is working to
achieve publicity through local, regional and national magazines; 50,000 copies
of a brochure will be printed and distributed throughout the State; letters will
be sent to citizens and organizations describing the events and requesting
participation through funds, services or property; preparation of a centennial
calendar which will be completed in October by the Roanoke Fine Arts Council;
local artists have prepared twelve new pieces of art work; a history of the City
of Roanoke will be written by Ms. Clara White; and preparation of television and
radio spots under the direction of Mr. Randolph West.
The Mayor presented Mr. Turbyfill with centennial buttons for each
member of the committee.
Mrs. Bowles moved that the reports be received and filed with apprecia-
tion. The motion was seconded by Mr. Harvey and unanimously adopted.
ITEMS RECOMMENDED FOR ACTION: NONE.
CITY ATTORNEY:
ZONING-STATE HIGHWAYS: The City Attorney submitted a written report
advising of a request of the Huff Farm landowners that the City postpone the
required dedication of right of way across the City's property to the proposed
Valley View Mall site, recommending the adoption of an Ordinance which would
permit amendment of the May 17, 1978, agreement to the effect that the landowner
or option holder wili have two years from the date of conveyance of the Huff
Farm to advise as to the desired location of the roadway, and after such notifica-
tion, the City will have 60 days to accomplish the dedication; and the amendment
to provide further that if within two years, the landowners or option holder
have not advised as to the specific location of the desired roadway, such notifica-
tion must be given within 30 days after notice to the landowners or option
holder by the City.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#25750) AN ORDINANCE authorizing an amendment to a certain Access
Road Agreement, dated May 17, 1978, entered into between the City and the Barrens
Farm landowners; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 65.)
Mr. Landis moved the adoption of the Ordinance. The motion was seconded
by Mr. Thomas and adopted by the following vote:
AYES: Councilmembers Thomas, Bowles, Butler, Garland, Harvey, Landis
and Mayor Taylor .............................................................. 7.
NAYS: None ......................................................... 0.
PERSONNEL-CITY EMPLOYEES: The City Attorney submitted a written
report transmitting an Ordinance in regard to proposed amendments to the Personnel
Code, as follows:
"First, it is proposed that Section 2-64, which currently authorizes
temporary appointments to vacant positions for a time period
not longer than three months, be amended to provide for tem-
porary appointments for up to ten months. This amendment would
recognize the need of certain City departments to have seasonal
employees for a time period longer than three months.
Second, it is suggested that the definitions of classified and
unclassified services as set forth in Section 2-66(a) should be
refined. The classified service is defined by stating that all
employees who are not unclassified are classified. Therefore,
more precision is dictated in the definition of the unclassi-
fied service. In this regard, it would appear that temporary
or seasonal employees should be included in the unclassified
service. It is extremely doubtful that it was ever intended
to give seasonal employees, such as locker room attendants
at pools, or temporary employees, such as umpires for softball
games, all of the benefits and privileges of classified service.
Finally, in keeping with recent action of Council, it is suggested
that the position of City Manager should be removed from those
positions which are unclassified.
ACTION:
ACTION:
Third, it is proposed that Section 2-66(b) should be amended to pro-
vide that promoted employees shall be in a probationary period for
six months, rather than three months. This amendm~ut would give
m~nagement a better opportunity to Judge the capabilities of an
employee who ~ay be promoted into a rather complicated position.
Fourth, it is reco~nended that Section 2-67 should be amended to
provide for internal promotions within the classified service
under certain circumstances. Internal promotions without outside
advertising are currently permitted by Personnel Operating
Procedure No. 1, but Section 2-67 casts doubt on the validity of
this procedure. It is suggested that Section 2-67 should be
amended to permit such promotions upon the written approval of the
City Manager.
Finally, it is suggested that Section 2-110, having reference to
decisions of panels of the Personnel and Employment Practices
Commission, should be amended to state: 'Ail decisions of any
panel and the full Commission shall be consistent with pro-
visions of State law and written policies.' The proposed
amendment would make the provisions of the City Code consistent
with recent amendments to the State Code set forth at
Section 2.1-114.5:1,D,4."
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#25751) AN ORDINANCE amending and reordaining subsection (b) (6)
of Section 2-64, General powers and duties of the manager of personnel management,
Section 2-66, Unclassified and classified services generally, Section 2-67,
Promotions in classified service, and Section 2-110, Panel decisions; dissenting
opinions, of the Code of the City of Roanoke (1979), as amended, the amended and
reordained sections relating to temporary appointments, probationary period,
definition of classified and unclassified service, internal promotion and decision:
of panels of the Personnel and Employment Practices Commission; and providing
for an emergency.
(For full text Of Ordinance, see Ordinance Book No. 47, page 65.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Dr. Butler.
After discussion of the proposed amendments, the following vote was
recorded on Ordinance No. 25751:
AYES: Councilmembers Thomas, Bowles, Butler, Garland, Harvey, Landis,
and Mayor Taylor ............................................................... 7.
NAYS: None ........................................................... 0.
GRANTS-CONSULTANT'S REPORTS: The City Attorney submitted a written
report advising that on September 8, 1981, the Director of Finance recommended
that the firm of David M. Griffith and Associates, Ltd., be retained to develop
a cost allocation plan for determining the administrative costs to the City of
operating various federal programs for the fiscal year ending Jane 30, 1981, and
Council concurred in the recommendation and referred the matter to the City
Attorney for preparation of the proper measure, transmitting an Ordinance implement
the action of Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#25752) AN ORDINANCE authorizing the hiring of David M. Griffith and
Associates, Ltd., to develop for the City a cost allocation plan for determining
the administrative costs to the City of operating various federal programs, for
the fiscal year ending June 30, 1981, upon certain terms and conditions; authoriz-
ing the appropriate City officials to execute the requisite contract; and providin
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 67.)
Mr. Landis moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Councilmembers Thomas, Bowles, Butler, Garland, Harvey,
Landis and Mayor Taylor ....................................................... 7.
NAYS: None ........................................................ 0.
REPORTS OF COMMITTEES:
AUDIT COMMITTEE-GRANTS-AUDITS: Councilman Garland, Chairman of the
Audit Committee, presented a written report advising that the Committee received
and evaluated a proposal to provide audits for federal grants-in-aid for the
years ended June 30, 1981, through 1984, that the proposal has been approved by
the responsible federal agency and was recommended by the City administration,
that the fees for the audits are reimbursable by the federal government and
recommending that Council engage the firm of Peat, Marwick, Mitchell & Company
to perform said audits.
(For full text, see report on file in the City Clerk's Office.)
353
Lng
354
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
Mr. Garland offered the following emergency Ordinance transferring
$9,950.00 from Contingency Reserve under General Fund Contingency Reserve, to
Fees for Professional Services under Municipal Auditing, of the 1981-82
budget:
(~25753) AI~ ORDINANCE to amend and reordain certain sections of the
1981-82 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 67.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Landis and adopted by the following vote:
AYES: Councilmembers Thomas, Bowles, Butler, Garland, Harvey, Landis
and Mayor Taylor ............................................................. 7.
NAYS: None ........................................................ 0.
Mr. Garland offered the following emergency Ordinance:
(#25754) AN ORDINANCE authorizing an amendment to the City's contract
with Peat, Marwick, Mitchell & Company to provide for such firm's performing
audits of federal grants-in-aid, upon certain terms and conditions; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 68.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Councilmembers Thomas, Bowles, Butler, Garland, Harvey, Landis
and Mayor Taylor ........................................................... 7.
NAYS: None ......................................................... O.
INDUSTRIES: Cooncil having referred a request of the Salem Industrial
Development Authority to finance the acquisition and equipping of two McDonald's
Restaurants, one in the City of Roanoke and the other in the City of Salem,
to the City of Roanoke Industrial Development Authority and the City Manager for
study, report and recommendation to Council, the Roanoke Industrial Development
Authority submitted a written report recommending that Council approve the
request of the Salem Industrial Development Authority.
(For full text, see report on file in the City Clerk's Office.)
In this connection, a report of the City Manager concurring in the
report of the Roanoke Industrial Development Authority, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(#25755) A RESOLUTION expressing the concurrence of the Council in an
inducement resolution adopted by the Industrial Development Authority of the
City of Salem, Virginia.
(For full text of Resolution, see Resolution Book No. 47, page 68.)
Mrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Mr. Landis and adopted by the following vote:
AYES: Councilmembers Thomas, Bowles, Butler, Garland, Harvey, Landis
and Mayor Taylor ............................................................. 7.
NAYS: None ......................................................... 0.
Mr. Garland moved that the report of the City Manager be received and
filed. The motion was seconded by Mr. Harvey and unanimously adopted.
AIRPORT: A report of the Airport Advisory Commission concurring in an
administrative recommendation that the request of Emery Air Freight Corporation
to renew its lease of certain space in the Airport Air Freight Building be
approved at an increased rate, was before 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:
(#25756) AN ORDINANCE authorizing the renewal and amendment of the
City's lease with Emery Air Freight Corporation for certain space in the Air
Cargo Building at Roanoke Municipal Airport, Woodrum Field.
The motion was seconded by Mr. Landis and adopted by the following
vote:
ACTION:
ACTION:
ACTION:
ACTION:
AYES: Councilmembers Thomas, Bowles, Butler, Garland, aarvey, Landis
and Mayor Taylor ......................................................... 7.
NAYS: Nome ....................................................... O.
AIRPORT: A report of the Airport Advisory Co~--issiom concurring in an
e~m~nistrative reco~,mendatiom that lease agreements with the Federal Aviation
Administration for 6,975 square feet of floor space at $2.40 per square foot per
year in Airport Building No. 1 amd the Terminal Building be approved, was before
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:
(#25757) AN ORDINANCE authorizing and directing the proper City official
to enter into two leases with the United States of America for the latter's lease
of space in Building No. 1 and in the Terminal Building at Roanoke Municipal
Airport, Woodrum Field.
The motion was seconded by Dr. Butler and adopted by the following
VOte:
AYES: Councilmembers Thomas, Bowles, Butler, Garland, Harvey, Landis
and Mayor Taylor ........................................................... 7.
NAYS: None ......................................................... O.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
PUBLIC ASSISTANCE: Ordinance No. 25736 authorizing the City Manager
to execute State-Local Hospitalization Plan Agreements with the State Department
of Welfare and certain hospitals to provide for in-patient and out-patient care
and treatment for certain indigent citizens at certain rates, having previously
been before the Council for its first reading, on Tuesday, September 8, 1981,
read and adopted on its first reading and laid over, was again before the body,
Dr. Butler offering the following for its second reading and final adoption:
(#25736) AN ORDINANCE authorizing the City Manager to execute State-
Local Hospitalization Plan Agreements with the State Department of Welfare and
certain hospitals to provide for in-patient and out-patient care and treatment
for certain indigent citizens at certain rates.
(For full text of Ordinance, see Ordinance Book No. 47, page 62.)
Dr. Butler moved the adoption of the Ordinance. The motion was seconde~
by Mr. Landis and adopted by the following vote:
AYES: Councilmembers Thomas, Butler, Garland, Harvey, Landis and
Mayor Taylor ................................................................. 6.
NAYS: None ......................................................... O.
(Mrs. Bowles abstained from voting because she serves on the Board of Directors
of Community Hospital.)
AlP-PORT: Ordinance No. 25742 providing for the lease by the City to
Piedmont Aviation, Incorporated, of real property at Roanoke Municipal Airport,
Woodrum Field, for the construction and operation of a hangar for its fixed-base
operation, having previously been before the Council for its first reading on
Tuesday, September 8, 1981, read and adopted on its first reading and laid over,
was again before the body, Mr. Landis offering the following for its second
reading and final adoption:
(#25742) AN ORDINANCE providing for the lease by the City to Piedmont
Aviation, Inc. of real property at Roanoke Municipal Airport, Woodrum Field, for
the construction and operation of a hangar for its fixed-base operation.
(For full text of Ordinance, see Ordinance Book No. 47, page 62.)
Mr. Landis moved the adoption of the Ordinance. The motion was seconde~
by Mr. Thomas and adopted by the following vote:
AYES: Councilmembers Thomas, Bowles, Butler, Garland, Harvey, Landis
and Mayor Taylor .......................................................... 7.
NAYS: None ........................................................ O.
COUNCIL-CITY GOVERNMENT-NATIONAL LEAGUE OF CITIES: Mr. Thomas offered
the following Resolution designating Mayor Noel C. Taylor as the Voting Delegate
and Vice-Mayor Wendell H. Butler as the Alternate Voting Delegate for the Annual
Business Session of the Congress of Cities to be held in Detroit, Michigan, on
December 2, 1981:
(#25758) A RESOLUTION designating a Voting Delegate and Alternate
Voting Delegate for the Annual Business Session of the Congress of Cities.
(For full text of Resolution, see Resolution Book No. 47, page 69.)
355
-356
ACTION:
ACTION:
ACTION:
ACTION:
Hr. Thomas ~oved the adoption of the Resolution. The motion was
seconded by Hrs. Bowles and adopted by the following vote:
AYES: Council,~bers Thomas, Bowles, Butler, Garland, Harvey, Landis
and Hayor Taylor .......................................................... 7.
NAYS: None ....... 0.
MOTIONS AND HISCELLA~EOUS BUSINESS:
INQUIRIES AND/OR CO~9{ENTS BY THE MAYOR AND MEMBER~ OF COUNCIL: NONE.
OTHER REARINGS OF CITIZENS: NONE.
At 8:50 p.m., the Mayor declared the meeting recessed.
At 10:00 p.m., the meeting reconvened in the Council Chamber with
Mayor Taylor presiding and all members of the Council present.
PLANNING: The Mayor called to the attention of Council that there is
a vacancy on the Fifth Planning District Co-mission to fill the unexpired term
of Mr. John S. Edwards, resigned, ending June 30, 1982, and called for nominations
to fill the vacancy.
Mr. Thomas placed in nomination the name of Mr. Ross C. Hart.
There being no further nominations, Mr. Hart was elected as a member
of the Fifth Planning District Co~ission to fill the unexpired term of Mr. John
S. Edwards, resigned, ending June 30, 1982, by the following vote:
FOR MR. HART: Councilmembers Thomas, Bowles, Butler, Garland, Harvey,
Landis and Mayor Taylor .................................................... 7.
HEALTH DEPARTMENT-BUILDINGS: The Mayor called to the attention of
Council that pursuant to Ordinance No. 25530, it is necessary to appoint a
person who is currently renting property in the City of Roanoke to the Property
Maintenance Code Appeals Board and called for nominations to fill the vacancy.
Dr. Butler placed in nomination the name of Mr. Dellber Barkster.
There being no further nominations, Mr. Barkster was elected as a
member of the Property Maintenance Code Appeals Board for a term of two years
ending June 30, 1983, by the following vote:
FOR MR. BARKSTER: Councilmembers Thomas, Bowles, Butler, Garland,
Harvey, Landis and Mayor Taylor ............................................... 7.
BUILDINGS: The Mayor called to the attention of Council that the five
year term of Mr. J. Oliver Stein as a member of the Board of Adjustments and
Appeals, Building Code, will expire on September 30, 1981, and called for nomina-
tions to fill the vacancy.
Mr. Garland placed in nomination the name of Mr. J. Oliver Stein.
There being no further nominations, Mr. Stein was reelected as a
member of the Board of Adjustments and Appeals, Building Code, for a term of
five years ending September 30, 1986, by the following vote:
FOR MR. STEIN: Council members Thomas, Bowles, Butler, Garland,
Harvey, Landis and Mayor Taylor ............................................. 7.
ROANOKE CIVIC CENTER: The Mayor called to the attention of Council
that the terms of Messrs. Robert D. Edwards, Vincent S. Wheeler and James M.
Turner, Jr., as members of the Roanoke Civic Center Colission will expire on
September 30, 1981, and called for nominations to fill the vacancies.
Mr. Landis placed in nomination the names of Messrs. Robert D. Edwards,
Vincent S. Wheeler and J~mes M. Turner, Jr.
There being no further nominations, Messrs, Edwards, Wheeler and
Turner were reelected as members of the Roanoke Civic Center Colission for
terms of three years each ending September 30, 1984, by the following vote:
FOR MESSRS. EDWARDS, WHEELER AND TURNER: Council members Thomas,
Bowles, Butler, Garland, Harvey, Landis and Mayor Taylor .................... 7.
LIBRARIES: The Mayor advised that there is a vacancy on the Roanoke
Public Library Board created by the death of Mrs. Constance J. Hamlar and requeste¢
that Dr. Butler assume the responsibility for reco~ending a person to fill the
vacancy.
ROANOKE NEIGHBORHOOD PARTNERSHIP STEERING COMMITTEE: The Mayor advised
that there are four vacancies on the Roanoke Neighborhood Partnership Steering
Committee created by the resignations of Dr. Gene E. Clapsaddle, Mr. John M.
Hudgins, Jr., Mr. L. J. Sarber, Jr., and Mr. Michael K. Smeltzer and requested
that Councilmembers Harvey, Landis, Bowles and Garland assume the responsibility
of recommending persons to fill the vacancies.
ATTEST
There being no further business, the Mayor declared the meeting
adjourned at 10:10 p.m.
APPROVED
City Clerk
Mayor
357
358
REGULAR WEEKLY S~-SS~ON ...... ROANOKE CITY COUNCIL
September 28, 1981
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the Council Cbnmher
in the Hunicipal Building, City of Roanoke, on N~nday, September 28, 1981, at 2:00 p.m.,
the regular meeting hour, with Mayor Noel C. Taylor presiding.
PRESENT: Council members Elizabeth T. Bowles, Wendell H. Butler, Robert A.
Garland, J~a G. Harvey, II, Charles L. lmndis, Nmmpton W. Thomas and Mayor Noel C.
Taylor ............................................................................. 7.
ABSENT: None ............................................................. 0.
OFFICERS PRESENT:
City Attorney; Mr. Joel N.
Clerk.
Mr. H. B. Ewert, City Manager; Mr. Wilburn C. Dibling, Jr.,
Schlanger, Director of Finance; and Ms. Mary F. Parker, City
The invocation was delivered by the Reverend David Woodruff, Pastor, St. Eliza-
beth's Episcopal Church.
The Pledge of Allegiance to the Flag of the United States of America was led by
Mayor Taylor.
ACTION:
ACTS OF ACKNOWLEDGEMENT-CITY MANAGER: Mr. Garland offered the following
Resolution recognizing the meritorious service of Mr. Sam H. McGhee, III, as
Assistant City Manager of the City of Roanoke:
(#25759) A RESOLUTION recognizing the meritorious service rendered to
the City by Sam H. McGhee, III, Assistant City Manager.
(For full text of Resolution, see Resolution Book No. 47, page 76.)
Mr. Garland moved the adoption of the Resolution. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor .............................................................. 7.
NAYS: None ........................................................ 0.
Mr. Garland presented a framed and certified copy of the Resolution to
Mr. McGhee.
Mrs. Bowles presented a corsage to Mrs. McGhee.
Mr. Harvey presented a tie tack with the inscription "Roanoke - Star
City of the South" to Mr. McGhee.
Mr. Landis presented a stick pin with the inscription "Roanoke - Star
City of the South" to Mrs. McGhee.
Mr. Thomas presented a framed Certificate of Merit to Mr. McGhee.
Dr. Butler presented a framed Key to the City to Mr. McGhee.
Each member of Council expressed appreciation to Mr. McGhee for the
level of service he rendered to the City of Roanoke during his tenure.
WATER DEPARTMENT: The Director of Utilities and Operations presented
an oral briefing on the status of the water supply at Carvins Cove, advising
that the Cove is now 20 feet below the spillway level, explaining that when the
reservoir is full there are 586 days of water supply, that at the present time,
with the reservoir 20 feet below spillway level, there are 320 days of useable
supply remaining at the drawdown rate of ten million gallons per day.
In this connection, Councilman Thomas, Chairman of the Water Resources
Co--,tttee, presented a written report of the committee recommending approval of
a Water Conservation Plan, and authorization for the City Manager to impose the
different water conservation measures based on conditions and circumstances
presented in said Plan.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
Mr. Thomas moved that the following Ordinance be placed upon its first
reading:
(#25760) AN ORDINANCE authorizing the City Manager to institute a water
conservation plan to deal effectively with the present water shortage.
The motion was seconded by Mrs. Bowles and adopted by the following
vote:
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor .......................................................... 7.
NAYS: None .................................................... 0.
A co~unication from Mr. T. L. Fisher, Jr., 6708 Greenway Drive,
advising that he is in support of the reco~,~udations contained in the Water
Conservation Plan, but feels they should be implemented now and not at some
later date when the level of Carvims Cove has fallen even further, was before
Council.
(For full text, see communication o~ file in the City Clerk's Office.)
Mr. Garland moved that the com~tmication be received and filed and
that copy thereof be forwarded to the other governing bodies who purchase water
from the City of Roanoke for their information. The motion was seconded by Mr.
Thomas and unanimously adopted.
Copy of a commentary from Mr. Ted Powers, Director of Public Affairs/EdJ
torials, WDBJ-TV, in regard to the water supply, was before Council.
(For full text, see commentary on file in the City Clerk's Office.)
Mr. Thomas moved that copy of the report of the Water Resources Commttte.
along with the accompanying Water Conservation Plan be forwarded to Mr. Powers
for his information. The motion was seconded by Mr. Garland and unanimously
adopted.
The Mayor presented a proc]mmmtion declaring the month of October,
1981, as Water Conservation Month and urged all citizens to be conscious of
potential ways to reduce unnecessary uses of water, and imploring the other
governmental bodies in the Roanoke Valley to adopt measures imposing the sub-
stantive provisions of the Water Resources Restriction/Allocation Plan.
(For full text, see proclamation on file in the City Clerk's Office.)
BID OPENINGS:
DOWNTOWN ROANOKE-CENTURY PROJECT: Pursuant to notice of advertisement
for bids for construction of the Market Square Parking Garage, said proposals to
be received by the City Clerk until 1:30 p.m., on Monday, September 28, 1981,
and to be opened and read before the Council at 2:00 p.m., on that date, 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:
Name Base Bid Alt. #1
J. M. Turner and Company, Inc.
English Construction Company,
Inc.
R. E. Lee & Son, Inc.
Hickory Construction Company,
Inc.
$3,212,000.00
3,540,000.00
3,577,700.00
3,683,637.00
$154,000.00
145,000.00
137,332.00
108,000.00
Mr. Thomas moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recomendation to Council.
The motion was seconded by Mr. Harvey and unanimously adopted.
The Mayor appointed Messrs. Charles L. Landis, Chairman, Kit B. Kiser
and W. Robert Herbert as members of the committee.
PARKS AND PLAYGROUNDS-CENTURY PROJECT: Pursuant to notice of advertise-
ment for bids for Elmwood Park Extension, Fountain and Rose Garden, Project No.
12-96, said proposals to be received by the City Clerk until 1:30 p.m., Monday,
September 28, 1981, and to be opened and read before the Council at 2:00 p.m.,
on that date, 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:
Acorn Construction
Company Ltd.
Boxley Construction Watts and
Company Breakell, Inc.
Bid Item No. 1 - $514,200.00 $430,800.00 $416,000.00
Bid Item No. 2 - 22,482.00 23,550.00 22,400.00
Bid Item No. 3 - 24,070.00 14,150.00 18,100.00
Bid Item No. 5 - 13,386.00 16,400.00 10,800.00
Bid Item No. 7 - 41,282.00 30,150.00 20,000.00
Bid Item No. 8 - 17,000.00 12,100.00 17,200.00
Mr. Thomas moved that the bids be referred to a con~ittee to be
appointed by the Mayor for tabulation, report and recommendation to Council. The
motion was seconded by Dr. Butler and unanimously adopted.
359
360
ACTION:
ACTION:
ACTION:
The Mayor appointed Messrs. Charles L. Landis, Chair~-, ILtt B. F~Lser
and W. Robert Herbert as members of the committee.
PUBLIC HEARINGS:
STREETS AND ALLEYS: Pursuant to the instructions of Council, the City
Clerk set a public hearing for Honday, September 28, 1981, at 2:00 p.m., or as
soon thereafter as the matter could be heard, on the request of the City of
Roanoke that an alley lying to the west of Lot 130, Roanoke Land and Improvement
Company, between Campbell Avenue and Kirk Avenue, S. E., be vacated, discontinued
and closed, the matter was before the body.
In this connection, a report of the City Planning Commission recommendin
that the request be granted, was before Council.
(For full text, see report on file in the City Clerk's Office.)
The City Attorney advised of certain questions raised by Peoples
Federal Savings and Loan Association and requested that Council conduct the
public hearing but delay any vote on the matter until the next regular meeting
of Council on Monday, October 5, 1981, which will give the aHmlnistration time
to confer with the attorney for Peoples Federal.
Mr. Richard Thomas, Attorney, representing Peoples Federal Savings and
Loan Association, appeared before Council and advised that concern has been
raised as to which party will have title to the alley after the closing and
requested that the matter be held in abeyance until he has conferred with city
officials.
The Mayor inquired if there were other persons present who would like
to address the matter and there being none, Mr. Garland moved that Council
continue the public hearing until the next regular meeting of Council un Monday,
October 5, 1981, at 2:00 p.m. The motion was seconded by Mr. Harvey and unani-
mously adopted.
STREETS AND ALLEYS: Pursuant to the instructions of Council, the
City Clerk set a public hearing for Monday, September 28, 1981, on the request
of Total Action Against Poverty in the Roanoke Valley, Incorporated, that a
certain alleyway beginning on 5th Street, N. W., and running between Lots 1 -
il, Block 19, Northside Subdivision, and Lots 17 - 27, Block 5, Rogers, Fairfax
& Houston Subdivision, be vacated, discontinued and closed, the matter was
before the body.
In this connection, a report of the City Planning Commission recommend-
ing that the request be granted, was before Council.
(For full text, see report on file in the City Clerk's Office.)
No one wishing to address the Council in regard to the public hearing,
Mr. Thomas moved that the following Ordinance be placed upon its first reading:
a certain
described
(#25761) AN ORDINANCE permanently vacating, discontinuing and closing
alleyway within the City of Roanoke, Virginia, as is more particularly
hereinafter, and providing for an effective date.
The motion was seconded by Dr. Butler and adopted by the following
vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................... 7.
NAYS: None .......................................................... 0.
CONSENT AGENDA:
The Mayor advised that all matters listed on the Consent Agenda were
considered to be routine by the City Council and would be enacted by one motion
in the forms listed on the agenda and if discussion was desired, that item would
be removed from the Consent Agenda and considered separately. He called to
Council's attention that the following items had been requested for Executive
Session:
Mayor Taylor
- personnel matters
Councilman Thomas, Chairman of the
Water Resources Committee
- real estate and a legal mmtter
City Manager
terms and conditions of a
contract
City Attorney
- pending litigation
City Manager
personnel matter
real estate matter
matter of potential litigation
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
COUNCIL: A communication from the Hayor requesting an Executive
Session to discuss personnel mattera~ was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Hrs. Bowles moved that Council concur in the request. The motion was
seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ................................................. 7.
NAYS: None ...................................................... O.
HEALTH DEPARTMENT: A co~munication from Mr. E. Deal Tompkins tendering
his resignation as a member of the Mental Health Services Board, was before
Council.
(For full text, see communication on file in the City Clerk's Office.)
Hrs. Bowles moved that Council accept the resignation with regret and
that the communication be received and filed. The motion was seconded by Hr.
Thomas and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................ 7.
NAYS: None ........................................................ 0.
COUNCIL: A report of the Water Resources Committee requesting an
Executive Session to discuss a real estate and a legal matter, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Hrs. Bowles moved that Council concur in the request. The motion was
seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................ 7.
NAYS: None ...................................................... O.
COUNCIL: A report of the City Manager requesting an Executive Session
to discuss the terms and conditions of a contract, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the request. The motion was
seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor .............................................................. 7.
NAYS: None ......................................................... O.
COUNCIL: A report of the City Attorney requesting an Executive
Session to discuss a matter of pending litigation, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the request. The motion was
seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................. 7.
NAYS: None ......................................................... 0.
AUDITS: A report of the Director of Finance transmitting the financial
report for the month of August, 1981, 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. Thomas and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................. 7.
NAYS: None ........................................................ O.
SCHOOLS: A report of the Roanoke City School Board transmitting a
Report on Revenue and Expenditures for the fiscal year ending June 30, 1981, 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. Thomas and adopted by the following vote:
361
362
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
AYES: Cotmcil members Bowles, Butler, Garland, Harvey, l~dia, Thomas
and Mayor Taylor ........................................................... 7.
NAYS: None ..................................................... 0.
PLANNING: The qualification of Mr. Roes C. Mart aa a member of the
Fifth Planning District Commission to fill the unexpired term of Hr. John S.
Edwards, resigned, ending June 30, 1982, was before Council.
(See Oat~ of Office on file in the City Clerk's Office.)
Hrs. Bowles moved that the report of qualification be received and
filed. The motion wac seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor .............................................................. 7.
NAYS: None ........................................................ O.
HOUSING: The qualification of Mr. John F. Newsom, Jr., as a Co~is$ionel
of the City of Roanoke Redevelopment and Housing Authority for a term of four
years ending August 31, 1985, was before Council.
(See Oath 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. Thomas and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor .............................................................. 7.
NAYS: None ......................................................... 0.
COUNCIL: An oral request of the City Manager for an Executive Session
to discuss matters of personnel, real estate and potential litigation, was before
Council.
Mrs. Bowles moved that Council concur in the request. The motion was
seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................. 7.
NAYS: None ...................................................... 0.
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
POLICE DEPARTMENT-CITIZENS' TASK FORCE ON CRIME PREVENTION AND
SOCIAL DEVELOPMENT: A communication from the Mayor recommending that the Citizens'
Task Force on Crime Prevention and Social Development be requested to continue
their work, and suggesting that the Task Force be requested to determine the
feasibility of establishing the Neighborhood Watch Program for the City of Roanoke
was before Council.
(For full text, see co~,nication on file in the City Clerk's Office.)
Hr. Harvey moved that Council concur in the recommendation. The motion
was seconded by Mr. Landis and unanimously adopted.
TREASURER: A communication from Mr. Gordon E. Peters, City Treasurer,
requesting concurrence in the remodeling of the Treasurer's Office to acco~nodate
a new data processing tax collection system for the sum of approximately $12,000.0
was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Peters appeared before Council and advised that the administration
has not had an opportunity to study the matter, and requested that Council refer
the request to the City Manager for review.
Mr. Garland moved that the matter be referred to the City Manager for
study, report and recommendation to Council. The motion was seconded by Mr.
Harvey and unanimously adopted.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
BUSES-SPECIAL PERMITS: The Director of Utilities and Operations appeare(
before Council and presented a briefing on an application from R.I.D.E.,
Incorporated, for a Certificate of Public Convenience and Necessity to offer
scheduled and charter vehicular transportation to the working public, senior
363
ACT2ON:
ACTION:
citizens and other groups within, to ~nd/or from the corporate limits of the
City, advising that a recommendation will be made to Council within 30 to 60
days.
(See report on file in the City Clerk's Office.)
Hr. F. Whittmore Bromm, Attorney, representing Mr. Hopkins, appeared
before Council in support of the request of his client.
Mr, Harvey moved that the report be received and filed. The motion was
seconded by Hrs. Bowles and unanimously adopted.
ITEMS RECO~iENDED FOR ACTION:
AIRPORT: The City Manager submitted a written report in regard to
Runway 23 extension, Phase 1, at Roanoke Municipal Airport, Woodrum Field, recom-
mending that Council accept a grant offer made by the Federal Aviation Administra-
tion in the amount of $3,354,974.00 and any state grant offer made in connection
with the project, with the following provisions and authorities:
"City Council authorize H. B. Ewert, City Manager or his
designee, and Mary F. Parker, City Clerk, or Judith H.
St. Clair, Deputy City Clerk, to execute, as appropriate
the requisite grant agreements.
City Council authorize the following:
The City Manager to enter into a supplement agreement
with Delta Associates, Inc., in an amount not to ex-
ceed $48,400 to undertake the structural, electrical
and mechanical design for the underpass for Route 118
(Airport Road).
The City Manager to contract with qualified appraising
firms for the appraisals of the needed property for the
project.
The City Manager to acquire on behalf of the City all
needed land for the project in the amount of the final
appraised value, final negotiated amount by City Adminis-
tration, or the amount mandated by the court in the
event of condemnation. (See Appendix 'A' for land needed.)
Council appropriate $3,727,749, being the projected amount
of this phase of the project cost less the following which
have already been appropriated for the Environmental Study,
Engineering Design Study and Engineering Design:
Ralph Burke Associates
EIAR $ 88,077.00
Delta Associates
Preliminary Phase
$ 59,500.00
Soil and Materials Engineers
$ 68,106.00
Nai C. Yang and Associates
$ 11,400.00
Potomac Aerial Surveys
$ 12,000.00
Lumsden and Associates
$ 5,000.00
Delta Associates
Design Phase
~ 79t500.00
Total $ 323,583.00"
(For full text, see report on file in the City Clerk's Office.)
The Director of Utilities and Operations presented an oral briefing on
the grant agreement.
Mr. Harvey offered the following emergency Ordinance appropriating
fund s:
(#25762) AN ORDINANCE to amend and reordain certain sections of the
1981-82 General Fund and Airport Fund Appropriation Ordinances, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 76.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor .............................................................. 7.
NAYS: None ......................................................... 0.
364
ACTION:
ACTION:
ACTION:
ACTION:
Mrs. Bowles offered the following Resolution accepting the grant:
(#25763) A RESOLUTION accepting a grant from the United States of
America for the extension of Runway 23 at Roanoke Municipal Airport, Woodrum
Field, and au£horizin8 the execution of the City's acceptance of the aforesaid
grant agreement and collateral doc-ments.
(For full text of Resolution, see Resolution Book No. 47, page 77.)
Mrs. ~owles moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor .............................................................. 7.
NAYS: None ........................................................ 0.
Dr. Butler offered the following emergency Ordinance providing for the
acquisition of 6.483 acres from the Coulter Estate, 11.847 acres from Jessee
Jones and wife, 1.270 acre from Anne Ingram Lee, 10.2 acres from Friendship
Manor, 7.88 acres from W. F. Kessler and 0.7 acre from McDowell & Wood, Inc.,
needed by the City for the extension of Runway 23:
(#25764) AN ORDINANCE providing for the acquisition of real estate
needed by the City for the extension of Runway 23 at Roanoke Municipal Airport,
Woodrum Field; authorizing the City Mnnager to negotiate with the landowners for
acquisition of this property; 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. 47, page 77.)
Dr. Butler moved the adoption of the Ordinance. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor .............................................................. 7.
NAYS: None ......................................................... 0.
Mr. Landis offered the following emergency Ordinance providing for an
amendment to the engineering contract with Delta Associates, Incorporated:
(#25765) AN ORDINANCE providing for the amendment of the engineering
contract with Delta Associates, Inc., in connection with the project to extend
Runway 23 at Roanoke Municipal Airport, Woodrum Field; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 78.)
Mr. Landis moved the adoption of the Ordinance. The motion was seconded
by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................... 7.
NAYS: None ........................................................... 0.
PUBLIC ASSISTANCE-JUVENILE DETENTION HOME: The City Manager submitted
a written report recommending approval to execute and extend a contract for
Outreach Detention Program services to Bedford County and Bedford City at a per
diem rate of $3.83 per child, said rate to be adjusted yearly on January 1.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas offered the following Resolution:
(#25766) A RESOLUTION authorizing an agreement to be entered into with
Bedford County relating to the use of the City's Outreach Detention Program.
(For full text of Resolution, see Resolution Book No. 47, page 78.)
Mr. Thomas moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Landis, Thomas and
Mayor Taylor .................................................................. 6.
NAYS: None ...................................................... O.
(Council member Harvey was out of the Council Chamber.)
PUBLIC ASSISTANCE-JUVENILE DETENTION HOME: The City Manager submitted
a written report recommending approval to execute agreements with surrounding
localities who wish to use the Crisis Intervention Center at a per diem rate of
$18.27, and to execute adjusted agreements as changes in the per diem rates are
approved by the State Department of Corrections.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
ACTION:
ACTION:
ACTION:
Mrs. Bowles offered the following l~solutio~:
(#25767) A RESOLUTION authorizing agreements to be entered into with
certain other local Jurisdictions relating to the use of the City's Crisis Inter-
vention Center.
(For full text of Resolution, see Resolution Book No, 47, page 79.)
Mrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Landis, Thomas and
Mayor Taylor .............................................................. 6.
NAYS: None ........................................................ 0.
(Council me,fl)er Harvey was out of the Council Chamber.)
BUDGET-CETA-GRANTS: The City Manager submitted a written report
recommending an appropriation of $168,919.00 representing new funding allocated
to the Fifth District Employment and Training Consortium for operation of programs
in fiscal year 1980, and a reduction of $14,166.00 to certain CETA accounts.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler offered the following emergency Ordinance:
(#25768) AN ORDINANCE to amend and reordain certain sections of the
1981-82 Fifth District Consortium Fund Appropriation, and providing for an emer-
gency.
(For full text of Ordinance, see Ordinance Book No. 47, page 79.)
Dr. Butler moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Landis, Thomas and
Mayor Taylor ................................................................. 6.
NAYS: None ......................................................... 0.
(Council member Harvey was out of the Council Chamber.)
BUDGET-SEWERS AND STORM DRAINS: The City Manager submitted a written
report recommending that $145,000.00 be appropriated from previous years' re-
tained earnings in the Sewage Treatment Fund to provide funds for payment to
Cooper Industries, Inc., for repairs to the large blower engines at the Sewage
Treatment Plant.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas offered the following emergency Ordinance:
(#25769) AN ORDINANCE to amend and reordain certain sections of the
1981-82 Sewage Treatment Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 80.)
Mr. Thomas moved the adoption of the Ordinance. The motion was seconded
by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Landis, Thomas and
Mayor Taylor ................................................................. 6.
NAYS: None ....................................................... 0.
(Council member Harvey was out of the Council Chamber.)
PUBLIC ASSISTANCE: The City Manager submitted a written report recom-
mending approval for execution of a lease with Albert Alouf for temporary office
space at 403 West Campbell Avenue for the Fuel Assistance Program, for the
monthly rental of $1,250.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas offered the following emergency Ordinance:
(#25770) AN ORDINANCE authorizing and providing for the lease by the
City of certain office space at 403 Campbell Avenue, S. W., Roanoke, Virginia,
from the owner of said property, to be used as office accommodations for the
Fuel Assistance Program conducted by the Social Services Department, upon certain
terms and conditions; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 81.)
Mr. Thomas moved the adoption of the Ordinance. The motion was seconded
by Dr. Butler and adopted by the following vote:
3,65
36'6
ACTION:
ACTION:
ACTION:
ACTION:
AYES: Council members Bowles, Butler, Garland, Landis, Thomas and
Mayor Taylor ............... 6.
NAYS: Nome ...................................................... 0.
(Council member Harvey was out of the Council Chamber.)
BUDGET-PUBLIC ASSISTANCE: The City Manager submitted a written report
recommending that $930,000.00 be appropriated to the Fuel A~sistance budget to
pay the suppliers for fuel delivered to eligible households under the Fuel
Assistance Program, said amount to be 1001 reimbursed by the State Department of
Welfare.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#25771) AN ORDINANCE to amend and reordain certain sections of the
1981-82 General Fund Appropriation Ordinance, and providing for an omergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 81.)
Mr. Landis moved the adoption of the Ordinance. The motion was seconded
by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ~ 7.
NAYS: None ........................................................ 0.
Mr. Thomas spoke in favor of the Fuel Assistance Program, stating that
he hopes the City receives 100 per cent reimbursement from the state and moved
that a letter be forwarded to the City's representatives to the General Assembly
expressing the appreciation of Council for the assistance the City receives at
the local level from the state; however, requesting that the City not have to
front fund state programe, that the City receive timely advancement of funds
which are due, and that the City's representatives to the General Assembly render
assistance to the City in alleviating this problem. The motion was seconded by
Mr. Garland and unanimously adopted.
TRAFFIC-STREETS AND ALLEYS-STATE HIGHWAYS: The City Manager submitted
a written report concurring in the reco~endation of the Bid C~ittee that a
contract be awarded to 3M Company for furnishing to the City preformed plastic
pavement marking material, in the total amount of $209,000.00.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#25772) AN ORDINANCE accepting a bid end awarding a contract for
furnishing preformed plastic pavement marking material; end providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 82.)
Mr. Landis moved the adoption of the Ordinance. The motion was seconded
by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................. 7.
NAYS: None ........................................................ 0.
LIBRARIES-CAPITAL IMPROVEMENTS PROGRAM-CENTURY PROJECT: The City
Manager submitted a written report recommending issuance of Change Order No. 1 to
the contract with Frantz and Chappelear, Architects, to provide for a new heating/
cooling plant for the Main Library plus addition, in the amount of $250,000.00
as follows:
increase project estJmmted cost
from $1,350,000.00 to $1,584,500.00
add $ 234,500.00
increase fees for basic professional
services from $89,300.00 to $104,800.00
to facilitate the design of a new heating/
cooling system add
15~500.00
Total
$ 250,000.00
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency funding Ordinance:
(#25773) AN ORDINANCE to emend and reordain certain sections of the
1981-82 Capital Projects Appropriation, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 82.)
ACT ION:
ACTION:
ACTION:
Hrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Dr. Butler and adopted by the follow/ng vote:
AYES~ Co~mcil members Bowles, Butler, Garlamd, ~arvey, Lamdis, Thomas
and Mayor Taylor .............................................................. 7.
NAYS: None .......................................................... 0,
Mr. Landis offered the following emergency Ordinance approving issuance
of the change order:
(#25774) AN ORDINANCE approving the City Manager's issuance of Change
Order No. 1 to the City's contract with Frantz amd Chappelear, Architects, for
architectural and engineering services related to the Central Library Addition;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 83.)
Mr. Landis moved the adoption of the Ordinance. The motion was seconded
by Mra. Bowles and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor .............................................................. 7.
NAYS: None ......................................................... O.
BLUE CROSS/BLUE SHIELD OF SOUTHWESTERN VIRGINIA-CAPITAL IMPROVEMENTS
PROGRAM-GRANTS: The City Manager submitted a written report recommending that
Council approve issuance of Change Order No. 3 in the amount of $18,148.00 to the
contract with McDevitt and Street for construction of a public plaza and
mall adjacent to the Blue Cross-Blue Shield Building and that funds be transferred'
as follows:
"from project contingency account
$ 7,948.00
Downtown East Pedestrian Mall
1,903.38
Fire Station No. 1
1,758.84
Morningside Park
2,000.00
Southern Hills
3,961,00
Local Option Contingency
576.78
Total Funds
$ 18,148.00
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance providing for the
recommended transfers:
(#25775) AN ORDINANCE to amend and reordain certain sections of the
1981-82 Capital Projects and Grant Progrmmm Fund Appropriations, and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 83.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Lamdis, Thomas and
Mayor Taylor .................................................................. 6.
NAYS: Council member Harvey ........................................ 1.
Mrs. Bowles offered the following emergency Ordinance approving issuance
of the change order:
(#25776) AN ORDINANCE approving the City Manager's issuance of Change
Order No. 3 to the City's contract with McDevitt & Street for construction of a
public plaza and pedestrian mall adjacent to the Blue Cross-Blue Shield Building;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 84.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Landis, Thomas and
Mayor Taylor ................................................................. 6.
NAYS: Council member Harvey ....................................... 1.
DIRECTOR OF FINANCE:
BUDGET-GRANTS-OFFICE ON YOUTH: The Director of Finance submitted a
written report recommending certain appropriation and revenue adjustments in
connection with the close-out of Youth Services Grant No. 80-I-13.
(For full text, see report on file in the City Clerk's Office.)
367
368
AC?ION:
ACTION:
ACTION:
ACTION:
ACTION:
Hr. Garland offered the following emergency Ordinance:
(~25777) AN ORDINANCB to ~ud and reordain certain sections of the
1981-82 Grant Progrmaa Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 85.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor .................................................. 7.
NAYS: None ...................................................... 0.
BUDGET: The Director of Finance submitted a written report in regard
to the undesignated fund balance for fiscal year 1981, advising that the final
audit by Peat, Marwick, M/tchell & Company is now completed and the audited
undesignated fund balance for the General Fund for the year ended June 30,
1981, is $2,342,428.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis moved that the matter be referred to the City Manager for
reco~mendations in regard to using the undesignated fund balance for capital
maintenance improvements, taking into consideration that the School Board will
receive its share of the undesignated fund balance as per the formula previously
agreed upon. The motion was seconded by Mr. Thomas and unanimously adopted.
REPORTS OF COMMITTEES:
CITY EMPLOYEES-INSURANCE: Council member Landis, Chairman of the
committee appointed by the Vice-Mayor to review proposals on employee group
medical insurance, advised that a proposed contract is being reviewed by the
committee and the City Attorney and moved that the matter be carried over until
the next regular meeting of Council on Monday, October 5, 1981. The motion was
seconded by Mr. Thomas and unanimously adopted.
PARKS AND PLAYGROUNDS: Council member Landis, Chairm=n of the committee
appointed by the Mayor to tabulate bids received for improvements to five city
parks, presented a w~ltten report of the committee recommending that the proposal
of John A. Hall & Company, Incorporated, in the total amount of $335,500.00, be
accepted.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#25778) AN ORDINANCE accepting the bid of Boxley Construction
Company, Inc. for improvement of five city parks, upon certain terms and
conditions, and awarding a contract therefor; authorizing the proper City
officials to execute the requisite contract for such work; permitting the
withdrawal of a bid made to the City 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. 47, page 85.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ....................................................... 7.
NAYS: None ......................................................... 0.
SEWERS AND STORM DRAINS: Council member Thomas, Chairman of the
Water Resources Committee, presented a written report of the Committee recommend-
ing that the contract with Bio-Gro Systems be amended to provide for the removal
of an additional 6,000 dry tons, more or less, of sludge from the Sewage Treatment
Plant, at $71.829 per dry. ton during this initial calendar year of the contract,
and that funds be appropriated therefor.
(For full text, see report on file in the City Clerk's Office.)
The Director of Utilities and Operations advised that funds are
available and an appropriation will not be necessary.
Mr. Thomas offered the following emergency Ordinance:
(#25779) AN ORDINANCE approving the City Manager's issuance of
Change Order No. 1 to the City's contract with Bio-Grow Systems, Inc., dated
April 21, 1981, for sludge removal from the Sewage Treatment Plant, such contract
being authorized by Ordinance No. 25546, adopted April 13, 1981; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 86.)
Mr. Thomas moved the adoption of the Ordinance. The motion was
seconded by Dr. Butler and adopted by the following vote:
369
ACTION:
ACTION:
ACTION:
ACTION:
AYES: Council members Bewles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ..................................................... 7.
NAYS: None ...................................................
FIRE DEPARTMENT: Council member Thomas, Chair~n of the Water Resources
Committee, presemted a wxitten report of the committee recommending executiom
of a new three year lease with George R. Preas for temporary Fire Station No. 4
at 3772 Aerial Way Drive, S. W., at $1,100.00 per month, amd with the provision
of 30 days notice of termination by the City.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas offered the following emergency Ordinance:
(#25780) AN ORDINANCE authorizing the City Manager to enter into a
lease agreement with respect to certain property owned by George R. Press at
3772 Aerial Way Drive, S. W., 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. 47, page 86.)
Mr. Thomas moved the adoption of the Ordinance. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ...................................................... 7.
NAYS: None ....................................................... 0.
FIRE DEPARTMENT: Council member Thomas, Chairman of the Water Resources
Committee, presented a written report of the co~m~ittee reco~nending execution
of a new five year lease with Otis R. and Bertha W. Funk for temporary Fire
Station No. 12 at 4810 Salem Turnpike, N. W., at $1,000.00 per month, and with
the provision of 90 days notice of termination by the City.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas offered the following emergency Ordinance:
(#25781) AN ORDINANCE authorizing the City Manager to enter into a
lease agreement with respect to certain property owned by Otis R. and Bertha W.
Funk at 4810 Salem Turnpike, N. W., 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. 47, page 87.)
Mr. Thomas moved the adoption of the Ordinance. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ...................................................... 7.
NAYS: None ....................................................... 0.
CIVIC CENTER-PURCHASE OF PROPERTY: Council member Thomas, Chairman
of the Water Resources Committee, presented a written report of the co~m~ittee
recommending authorization for the purchase from Ms. Jessie A. Nanion and Ma.
Bernice Avery of property at 506 Third Street, N. E., Official Tax No. 3014004,
located adjacent to the civic center, for $37,500.00, and the appropriation of
$37,500.00 for property acquisition and $1,000.00 for site clearance.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas offered the following emergency Ordinance appropriating
the requested funds:
(#25782) AN ORDINANCE to amend and reordain certain sections of the
1981-82 Civic Center Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 87.)
Mr. Thomas moved the adoption of the Ordinance. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ......................................................... 7.
NAYS: None ........................................................... 0.
Mr. Thomas offered the following emergency Ordinance:
(#25783) AN ORDINANCE providing for the City's acquisition and
clearance of real property on Third Street, N. E., and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 88.)
37O
ACTION:
ACTION:
ACTION:
ACTION:
Hr. Thomas moved the adoption of the Ordinance. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ....................................................... 7.
NAYS: None ...................................................... 0.
SALE OF PROPERTY: Council member Thomas, Chairman of the Water
Resources Co~ttee, presented a written report of the committee reco~ending
that City owned property described as Lot 60, Block M, Willi-m-on Grove, Official
Tax No. 3080137, located at Liberty Road and Courtland Road, N. W., be sold to
Calvin W. and Mary C. Powers for $3,500.00, all title transfer costs to be paid
by Mr. and Mrs. Powers.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas moved that the following Ordinance be placed upon its
first reading:
(#25784) AN ORDINANCE providing for the sale and conveyance of a parcel
of land owned by the City and located at the intersection of Liberty and Courtland
Roads.
The motion was seconded by Dr. Butler and adopted by the following
vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ...................................................... 7.
NAYS: None ....................................................... 0.
UNFINISHED BUSINESS:
BUDGET-COUNCIL: A co~,nication from Council member Thomas suggest-
ing that one member of Council be assigned to monitor a specific portion of the
budget during the fiscal year, having previously been before the Council at its
regular meeting on Monday, July 27, 1981, and deferred, the matter was again
before the body.
(See commmnication on file in the City Clerk's Office.)
Mr. Thomas moved that the communication be received and filed. The
motion was seconded by Mr. Garland and unanimously adopted.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
ZONING-FLOODS: Ordinance No. 25746 establishing new floodplain
districts, providing for certain minimum regulations for development in the
floodplain districts, providing for the application and administration of the
floodplain regulations, and providing for variances from such regulations,
having previously been before the Council for its first reading on Monday,
September 14, 1981, 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:
(#25746) AN ORDINANCE amending and reordaining Division 4, Floodplain
Zone Regulations, of Article IV, Supplementary District Regulations, and sub-
section (a) of Section 36-520, Application for zoning permit, of Chapter 36,
Zoning, of the Code of the City of Roanoke (1979), as amended, establishing new
floodplain districts, providing for certain minimum regulations for development
in the floodplain districts, providing for the application and administration
of the floodplain regulations, and providing for variances from such regulations.
(For full text of Ordinance, see Ordinance Book No. 47, page 69.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ....................................................... 7.
NAYS: None .......................................................... O.
FLOODS-SUBDIVISION ORDINANCE: Ordinance No. 25747 pertaining to the
review of proposed subdivisions within floodplain districts, having previously
been before the Council for its first reading on Monday, September 14, 1981,
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:
(#25747) AN ORDINANCE amending and reordaining Section 31-28, Approval
or disapproval of preliminary plat, and Section 31-29, Additional material as
part of preliminary plan, of Chapter 31, Subdivisions, Code of the City of
Roanoke (1979), as amended, by the addition of certain subparagraphs pertaining
to the review of proposed subdivisions within floodplain districts.
(For full text of Ordinance, see Ordinance Book No. 47, page 74.)
ACTION:
ACTION:
ACTION:
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ................................................. 7.
NAYS: None .................................................... O.
AIRPORT: Ordinance No. 25756 authorizing the renewal and amendment
of the City's lease with Emery Air Freight Corporation for certain space in the
Air Cargo Building at Roanoke Municipal Airport, Woodrum Field, having pre-
viously been before the Council for its first reading on Monday, September 14,
1981, 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:
(#25756) AN ORDINANCE authorizing the renewal and amendment of the
City's lease with Emery Air Freight Corporation for certain space in the Air
Cargo Building at Roanoke Municipal Airport, Woodrum Field.
(For full text of Ordinance, see Ordinance Book No. 47, page 75.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowies, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ...................................................... 7.
NAYS: None ........................................................ 0.
AIRPORT: Ordinance No. 25757 authorizing and directing the proper
City officials to enter into two leases with the United States of America for
the latter's lease of space in Building No. 1 and in the Terminal Building at
Roanoke Municipal Airport, Woodrum Field, having previously been before the
Council for its first reading on Monday, September 14, 1981, read and adopted
on its first reading and laid over, was again before the body, Mrs. Bowies
offering the following for its second reading and final adoption:
(#25757) AN ORDINANCE authorizing and directing the proper City
officials to enter into two leases with the United States of America for the
latter's lease of space in Building No. 1 and in the Terminal Building at
Roanoke Municipal Airport, Woodrum Field.
(For full text of Ordinance, see Ordinance Book No. 47, page 75.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ...................................................... 7.
NAYS: None ........................................................ 0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
BUDGET-CITY GOVERNMENT: Council member Landis referred to the report
from the Director of Finance on the undesignated fund balance which was considered
by Council earlier in the meeting, advising that the taxpayers of the City of
R~anoke own approximately $900 million worth of equipment, buildings and facili-
ties and they are deteriorating rapidly, noting that it is good to move forward
with new projects and new buildings, but the city cannot stand by and let existing
facilities deteriorate and expressed the hope that the City administration and
School Board will look at using the undesignated fund balance in an effort to
maintain the City's existing facilities.
At 4:40 p.m., the Mayor declared the meeting recessed.
At 6:15 p.m., the meeting reconvened in the Council Chamber with
Mayor Taylor presiding and all members of Council present.
HOUSING: The Mayor called to the attention of Council that there is
a vacancy on the Fair Housing Board created by the resignation of Mr. Richard
P. White, ending March 31, 1982, and called for nominations to fill the vacancy.
Mrs. Bowles placed in nomination the name of Mr. Paul C. Dress.
There being no further nominations, Mr. Dress was elected as a member
of the Fair Housing Board to fill the unexpired term of Mr. Richard P. White
ending March 31, 1982, by the following vote:
FOR MR. WHITE: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor- ............................................................ 7.
ROANOKE CITY ARTS COMMISSION: The Mayor called to the attention of
Council that there is a vacancy on the Roanoke City Arts Co~nission created by
the resignation of John F. Bullock, Jr., and called for nominations to fill
the vacancy.
37:1.
372
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
Mrs. Bowles placed in nomination the name of Mrs. Kathryn R. Willis.
There being no further nominations, Mrs. Willis was elected as a
member of the Roanoke City Arts Co..~tssion for a term of one year ending June
30, 1982, by the following vote:
FOR MRS. WILLIS: Council members Bowles, Butler, Garlend, Harvey,
Landis, Thomas end Mayor Taylor ............................................. 7.
LIBRARIES: The Mayor called to the attentiom of Council that there
is a vacancy on the Roanoke Public Library Board to fill the unexpired term of
Hrs. Constance J. M-~lar, deceased, ending June 30, 1983, and called for nominatia
to fill the vacancy.
Dr. Butler placed in nomination the name of Mrs. Delores Y. Johns.
There being no further nominations, Mrs. Johns was elected as a
member of the Roanoke Public Library Board to fill the unexpired term of Mrs.
Constance J. Hamlet, deceased, ending June 30, 1983, by the following vote:
FOR MRS. JOHNS: Coumcil members Bowles, Butler, Garland, Harvey,
Landis, Thomas and Mayor Taylor ............................................ 7.
ROANOKE NEIGHBORHOOD PARTNERSHIP STEERING COMMITTEE: The Mayor
called to the attention of Council that there are four vacancies on the Roanoke
Neighborhood Partnership Steering Co~m~ittee created by the resignations of
Dr. Gene E. Clapsaddle, Mr. John M. Hudgins, Jr., Mr. Lloyd J. gerber, Jr.,
and Mr. Michael K. Smeltzer, and called for nominations to fill the vacancies.
Mr. Garland placed in nomination the name of Mr. Edward J. Harvey.
Mrs. Bowles placed in nomination the name of Mrs. Harriet S. Lewis.
There being no further nominations, Mr. Harvey and Mrs. Lewis were
elected as members of the Roanoke Neighborhood Partnership Steering Committee
by the following vote:
FOR MR. HARVEY AND MRS. LEWIS: Council members Bowles, Butler,
Garland, Harvey, Landis, Thomas and Mayor Taylor ........................... 7.
Mr. Garland moved that Council waive the city residency requirement
for Mr. Harvey and Mrs. Lewis. The motion was seconded by Mrs. Bowles and
unanimously adopted.
GRANTS-SCHOOLS-HOUSING: The City Manager submitted a written report
in regard to using the Jefferson High School building for elderly housing and
senior citizen activities, recomending that the City Manager be authorized to
execute a Cooperation Agreement with the Housing Authority on behalf of the
City in a form acceptable to the Department of Housing and Urban Development and
City Attorney; and authorize the City Manager to approve the formal agreements
and/or applications by and between the Housing Authority and HUD regarding the
funding of the Jefferson High School project.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas offered the following Resolution:
(#25785) A RESOLUTION accepting the possession and control of the
Jefferson High School building and grounds from the School Board of the City of
Roanoke.
(For full text of Resolution, see Resolution Book No. 47, page 88.)
Mr. Thomas moved the adoption of the Resolution. The motion was
seconded by Mrs. Bowles end adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ..................................................... 7.
NAYS: None ...................................................... 0.
Mr. Thomas offered the following Resolution:
(#25786) A RESOLUTION authorizing and directing the appropriate City
officials to enter into and execute a cooperation agreement with the City of
Roanoke Redevelopment and Housing Authority for the development of the Jefferson
High School building for housing for the elderly and for senior citizen activities
and authorizing the City of Roanoke Redevelopment and Housing Authority to file
an application with the United States Department of Housing and Urban Development
for funding for said development, subject to certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 47, page 89.)
Mr. Thomas moved the adoption of the Resolution. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ...................................................... 7.
NAYS: None ........................................................ 0.
373
GRANTS-CENTURY PROJECT-CITY HARKET-FI~ DEPAI~TMENT: The City
submitted a ~i~ten ~eport ~ regard to the Urb~ Develo~nt ~ti~
award for the ~rket buildin~ ~d fire station, rec~nding that the City
~nager be a~thorized to ~ecute a gr~t agre~nt ~th the Depar~ent of ~using
~d Urban Develo~ent accepting the prel~ina~ gr~t award, upon fo~ approved
by the City AtEo~ey; that the City ~ager be authorized to ~ke ~y certificatior
required by the te~ of the Gr~t Agre~ent; that the City Atto~ey be authorized
to ~ka ~y certifications requi~ed by the te~ of the Gr~t Agree~nt; ~d
that ~he Cl~y ~nager be autho~ized to execute a lo~ agra~n~ with the developerf
of ~he ~rket Building ~d Fire Station (~Eo~ Associates) for a lo~ of
U,D.A.G. funds that meet all the terns ~d conditions set out in the Gr~t
~ree~n~ with ~D, upon fo~ approved by the City Atto~ey.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
Mr. Landis offered the following Resolution:
(#25787) A RESOLUTION accepting a certain Urban Development Action
Grant awarded the City by the United States Department of Housing and Urban
Development; authorizing the City Manager to execute the requisite Grant Agreement
and all of the agreements with the participating parties required by said Grant
Agreement; and authorizing the appropriate City officials to make any certifica-
tions required by the terms of the Grant Agreement.
(For full text of Resolution, see Resolution Book No. 47, page 89.)
Mr. Landis moved the adoption of the Resolution. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Landis, Thomas and
Mayor Taylor ................................................................. 6.
NAYS: None ........................................................ O.
(Council member Harvey abstained from voting.)
There being no further business, the Mayor declared the meeting
adjourned at 6:25 p.m.
APPROVED
ATTEST:
City Clerk
374
SESSION ...... ROil/Oli~ CITY COIINCIL
October 5, 1981
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the Council Chamber
in the Hunicipal Building, City of Roanoke, 215 Church Avenue, S. W., on Honday, October 5,
1981, at 2:00 p.m., the regular meeting hour, with Vice-Mayor Wendell H. Butler presiding.
PRESENT: Council members Robert A. Garland, James G. Harvey, II, Charles L.
Landis, Mampton W. Thomas and Vice-Mayor Wendell M. Butler ............................... 5.
ABSENT: Council member Elizabeth T. Bowles and Mayor Noel C. Taylor ........... 2.
OFFICERS PRESENT: Hr. H. B. Ewert, City Manager; Mr. Wilburm C. Dibling, Jr.,
City Attorney; Mr. William X Parsons, Assistant City Attorney; Mr. Joel M. Schlanger,
Director of Finance; and Mrs. Mary F. Parker, City Clerk.
The invocation was delivered by the Reverend Frank W. Feather, Pastor, Forest
Park Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America was led by
Vice-Mayor Butler.
BID OPENINGS:
ACTION:
ACTION:
LIBRARIES-CENTURY PROJECT: Pursuant to notice of advertisement for
bids for Raleigh Court Branch Library alterations and additions, Century Project
No. 13-05, said proposals to be received by the City Clerk until 1:30 p.m., on
Monday, October 5, 1981, and to be opened and read before the Council at 2:00
p.m., on that date, the Vice-Mayor asked if anyone had any questions about the
advertisement for bids; whereupon, the City Clerk advised that a bid had been
submitted at 1:48 p.m., and inquired as to the wishes of Council in regard to the
late bid.
Councilman Landis, Chairmnn of the Bid Committee, suggested that the
bid be returned to the bidder unopened inasmuch as it was filed after the 1:30
p.m., deadline specified in the advertisement for receipt of bids.
The Vice-Mayor then instructed the City Clerk to proceed with the
opening of the bids; whereupon, the City Clerk opened and read the following
bids:
Name Base Bid Alt. #1 Alt. #2
Thor, Incorporated
S. Lewis Lionberger
Company
Q. M. Tomlinson, Inc.
Commonwealth Construc-
tion, Inc.
Watts & Breakell, Inc.
J. H. Fralin & Son
Payne Construction
Company, Inc.
$126,950.00
$1,226.00 $6,348.00
131,240.00 1,524.00 3,455.00
131,500.00 1,800.00 6,800.00
- 135,780.00 2,200.00 5,000.00
- 136,000.00 2,200.00 7,700.00
- 149,100.00 1,560.00 5,700.00
- 155,000,00 1,560.00 5,250.00
Mr. Thomas 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. Harvey and adopted.
The Vice-Mayor appointed Messrs. Charles L. Landis, Chairman, J~mes D.
Ritchie and Thomas F. Brady as members of the committee.
PUBLIC HEARINGS:
ACTION:
STREETS AND ALLEYS: At its regular meeting on Monday, September 28,
1981, Council continued a public hearing on the request of the City of Roanoke
that an alley lying to the west of Lot 130, Roanoke Land and Improvement Company,
between Campbell Avenue and Kirk Avenue, S. E., be vacated, discontinued and
closed, the matter was again before the body.
In this connection, the City Attorney advised that at the meeting on
September 28, Mr. Richard Thomas, Attorney, representing Peoples Federal Savings
and Loan Association, appeared before Council and raised question in regard to
which party will have title to the alley after the closing, noting that the conce~
has been addressed and there is no longer any question on the part of Peoples
Federal to the closing of the alley.
The Vice-Mayor inquired if there were persons present who would like to
address the matter and there being none, Mr. Garland moved that the following
Ordinance be placed upon its first reading:
375
(~25788) AN 0RDINAI~CE permanently vacating, discontinuing and closing
an alley lying to the west of Lot 130, Roanoke Land and Improvement Company,
between Campbell Avenue, S. E., and Kirk Avenue, S. E., Roanoke, Virginia,
granting certain easements and rights with respect thereto and authorizing
agreements with adjoining landowners as to certain other proposed uses therefor.
The motion was seconded by 1~. Landis and adopted by the following
vote:
AYES: Council members Garland, Harvey, Landis, Thomas and Vice-Mayor
Butler ..................................................................... 5.
NAYS: None ...................................................... O.
(Council member Bowles and Mayor Taylor were absent.)
CONSENT AGENDA:
ACTION:
ACTION:
ACTION:
ACTION:
The Vice-Mayor advised that all matters listed on the Consent Agenda
were considered to be routine by the City Council and would be enacted by one
motion in the forms listed on the agenda and if discussion was desired, that item
would be removed from the Consent Agenda and considered separately. He noted
that there was a request from the City Manager to discuss a matter of real estate
in Executive Session, that the City Attorney had orally requested an Executive
Session to discuss a matter of pending litigation; and that Council member Thomas
had orally requested an Executive Session to discuss a personnel matter.
MINUTES: Minutes of the regular meeting of Council held on Monday,
September 14, 1981, were before Council.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Garland 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 Garland, Harvey, Landis, Thomas and Vice-Mayor
Butler ........................................................................ 5.
NAYS: None ...................................................... 0.
(Council member Bowles and Mayor Taylor were absent.)
COUNCIL: A report of the City Mamager requesting an Executive Session
to discuss a matter of real estate, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that Council concur in the request. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Garland, Harvey, Landis, Thomas and Vice-Mayor
Butler ...................................................................... 5.
NAYS: None ...................................................... 0.
(Council member Bowles and Mayor Taylor were absent.)
PENDING ITEMS: A list of items pending from February 7, 1977, through
September 28, 1981, was before Council.
(For full text, see pending list on file in the City Clerk's Office.)
Mr. Garland 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 Garland, Harvey, Landis, Thomas and Vice-Mayor
Butler ....................................................................... 5.
NAYS: None ........................................................ O.
(Council member Bowles and Mayor Taylor were absent.)
BUILDINGS-HEALTH DEPARTMENT: The qualification of Mr. Dellber Barkster
as a member of the Property Maintenance Code Appeals Board for a term of two
years ending June 30, 1983, was before Council.
(See Oath of Office on file in the City Clerk's Office.)
Mr. Garland 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 Garland, Harvey, Landis, Thomas and Vice-Mayor
Butler ...................................................................... 5.
NAYS: None ........................................................ 0.
(Council member Bowles and Mayor Taylor were absent.)
376
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
ACT ION:
TAXES: The qualification of Messrs. Lacy W. Hanson and Kemnis E.
Elswick as members of the Revenue Study Com~tssion for te~ms of three years each
ending June 30, 1984, was before Council.
(See Oaths of Office on file in the City Clerk's Office.)
Mr. Garland moved Chat the report of qualification be received and
filed. The motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Garland, Harvey, Landis, Thomas and Vice-Mayor
Butler ..................................................................... 5.
NAYS: None ...................................................... 0.
{Council member Bowles and Mayor Taylor were absent.)
LIBRARIES: The qualification of Mrs. Charlotte W. Sandy as a member
of the Roanoke Public Library Board for a term of three years ending June 30,
1984, was before Council.
(See Oath of Office on file in the City Clerk's Office.)
Mr. Garland 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 Garland, Harvey, Landis, Thomas and Vice-Mayor
Butler .................................................................... 5.
NAYS: None ..................................................... 0.
(Council member Bowles and Mayor Taylor were absent.)
CIVIC CENTER: The qualification of Mr. Robert D. Edwards as a member
of the Roanoke Civic Center Commission for a term of three years ending September
30, 1984, was before Council.
(See Oath of Office on file in the City Clerk's Office.)
Mr. Garland 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 Garland, Harvey, Landis, Thomas and Vice-Mayor
Butler .............................................................. 5.
NAYS: None ......................................................... 0.
{Council member Bowles and Mayor Taylor were absent.)
BUILDINGS: The qualification of Mr. J. Oliver Stein as a member of the
Board of Adjustments and Appeals, Building Code, for a term of five years ending
September 30, 1986, was before Council.
(See Oath of Office on file in the City Clerk's Office.)
Mr. Garland 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 Garland, Harvey, Landis, Thomas and Vice-Mayor
Butler ....................................................................... 5.
NAYS: None ......................................................... O.
(Council member Bowles and Mayor Taylor were absent.)
COUNCIL: An oral request of the City Attorney for an Executive Session
to discuss a matter of pending litigation, was before Council.
Mr. Garland moved that Council concur in the request. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Garland, Harvey, Landis, Thomas and Vice-Mayor
Butler .......................................................................... 5.
NAYS: None ........................................................... 0.
(Council member Bowles and Mayor Taylor were absent.)
COUNCIL: An oral request of Council member Thomas for an Executive
Session to discuss a personnel matter, was before Council.
Mr. Garland moved that Council concur in the request. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Garland, Harvey, Landis, Thomas and Vice-Mayor
Butler ...................................................................... 5.
NAYS: None ...................................................... 0.
(Council member Bowles and Mayor Taylor were absent.)
ACTION:
ACTION:
ACTION:
ACTION:
NF~.RING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND CO~ICATIONS:
AIRPORT: A communication from Council member JA~-o8 G. Harvey, II,
requesting concurrence in directing that representatives of Roanoke County,
Vinton, Salem, and Botetourt County be notified of and invited to attend
future meetings of the Airport Advisory Com~ssion, was before Coumcil.
(For full text, see co---,nication o~ file in the City Clerk's Office.)
Mr. Harvey moved that Council concur in the request and that the matter
be referred to the City Attorney for preparation of the proper measure by the
next regular meeting of Council on Monday, October 12, 1981. The motion was
seconded by Mr. Thomas and adopted.
SCHOOLS-LEGISLATION: A communication from the Roanoke City School
Board transmitting a Legislative Package for 1982-84, and requesting its adoption
and inclusion in Council's legislative package, was before the body.
(For full text, see legislative package on file in the City Clerk's Office.)
Mr. Landis moved that the matter be referred to Council for considera-
tion as a Committee of the Whole and to the City Attorney for inclusion in the
total legislative package for 1982. The motion was seconded by Mr. Thomas and
adopted.
INSURANCE-SCHOOLS: A couununication from the Roanoke City School Board
advising of a self-insurance program for school workers compensation coverage
approved by the Board on September 8, 1981, was before Council.
(For full text, see co~unication on file in the City Clerk's Office.)
The Director of Finance advised that the program will save money for
both the city and the school system.
Mr. Landis moved that the communication be received and filed. The
motion was seconded by Mr. Thomas and adopted.
REPORTS OF OFFICERS:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
CITY PROPERTY: The City Manager submitted a written report recommend-
ing authorization to execute a lease amendment to permit the J & S Parking Company
to pave the City-owned lot on the northeast corner of Tazewell Avenue and William-
son Road, S. E., and providing for reimbursement under certain terms and conditiom
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas moved that an Ordinance authorizing and providing for an
amendment to a lease between the City as lessor and J & S Parking Company as
lessee, to provide for the paving of the parking lot at the corner of Tazewell
Avenue and Williamson Road, S. E., thereby leased, and to extend the term thereof
four years, be placed upon its first reading. The motion was seconded by Mr.
Landis.
The City Manager advised that this location has been considered as one
of the most likely spots for a parking garage should a hotel be constructed in
the downtown area; whereupon, Mr. Harvey and Mr. Landis questioned the timing if
there is any possibility that the pavement may have to be torn up in order to
construct a parking garage.
Following considerable discussion of the recommendation, the Ordinance
was lost by the following vote:
AYES: Council members Garland, Thomas and Vice-Mayor Butler ........ 3.
NAYS: Council members Harvey and Landis ............................ 2.
(Council member Bowles and Mayor Taylor were absent.)
GRANTS-ROANOKE NEIGHBORHOOD PARTNERSHIP PROGRAM: The City Manager
submitted a written report in connection with a grant from the National Endowment
for the Arts for the production of a television documentary on the Neighborhood
Partnership Program, in the amount of $19,190.00; and reco~ending that $19,190.0¢
be appropriated to an account to be established by the Director of Finance for
this project.
(For full text, see report on file in the City Clerk's Office.)
377
ACTION: Mr. Garland offered the following emergency Ordinance appropriating
funds:
378
ACTION:
ACTION:
ACTION:
(~25789) AN ORDINANCE to amend and reordain certain sections of the
1981-82 Grant Progr.~s Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordimance Book No. 47, page 92.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Garland, Harvey, Landis, Thomas and Vice-Mayor
Butler ................................................................ 5.
NAYS: None .................................................... O.
(Council member Bowles and Mayor Taylor were absent.)
Mr. Harvey offered the following Resolution:
(#25790) A RESOLUTION accepting a grant from the National Endowment
for the Arts for the production of a television documentary on the Neighborhood
Partnership Program; and authorizing the execution of the "Special Terms" and
other documents applicable to this grant.
(For full text of Resolution, see Resolution Book No. 47, page 93.)
Mr. Harvey moved the adoption of the Resolution. The motion was second-
ed by Mr. Garland and adopted by the following vote:
AYES: Council members Garland, Harvey, Landis, Thomas and Vice-Mayor
Butler ...................................................................... 5.
NAYS: None ...................................................... O.
(Council member Bowles and Mayor Taylor were absent.)
BRIDGES: The City Engineer advised that the Franklin Road Bridge
is scheduled to reopen on Friday, October 9, 1981, at iO:O0 a.m.
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS:
CITY EMPLOYEES-INSURANCE: Council member Landis, Chairman of the
committee appointed by the Vice-Mayor to review proposals on employee group
medical insurance, advised that the comittee and the City Attorney are reviewing
a proposed contract and will bring a recommendation to Council as soon as their
study has been completed.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
WATER DEPARTMENT: Ordinance No. 25760 authorizing the City Manager to
institute a water conservation plan to deal effectively with the present water
shortage, having previously been before the Council for its first reading on
Monday, September 28, 1981, read and adopted on its first reading and laid over,
was again before the body, Mr. Thomas offering the following for its second
reading and final adoption:
(#25760) AN ORDINANCE authorizing the City Manager to institute a wate~
conservation plan to deal effectively with the present water shortage.
(For full text of Ordinance, see Ordinance Book No. 47, page 90.)
Mr. Thomas moved the adoption of the Ordinance. The motion was seconded
by Mr. Landis and adopted by the following vote:
AYES: Council members Garland, Harvey, Landis, Thomas and Vice-Mayor
Butler ......................................................................... 5.
NAYS: None .......................................................... 0.
(Council member Bowles and Mayor Taylor were absent.)
STREETS AND ALLEYS: Ordinance No. 25761 vacating, discontinuing and
closing a certain alleyway beginning on 5th Street, N. W., and running between
Lots 1 through 11, Block 19, Northside Subdivision, and Lots 17 through 27, Block
5, Rogers, Fairfax & Mouston Subdivision, having previously been before the
Council for its first reading on Monday, September 28, 1981, 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:
(#25761) AN ORDINANCE permanently vacating, discontinuing and closing
a certain alleyway within the City of Roanoke, Virginia, as is more particularly
described hereinafter, and providing for an effective date.
(For full text of Ordinance, see Ordinance Book No. 47, page 91.)
ACTION:
ACTION:
1~. ltarvey ~oved the adoption of the ordinance. The ~otion was
seconded by Mr. Garland and adopted by the follo~ing vote:
AYES: Council members Garland, llarvey, Landis, Thomas sad Vice-Mayor
Butler .................................................................... 5.
NAYS: None ..................................................... 0.
(Cotmcil member Bowles and Mayor Taylor were absent.)
SALE OF PROPERTY: Ordinance No. 25784 providing for the sale and
conveyance of a parcel of land owned by the City and located at the intersection
of Liberty and Courtland Roads, N. W., to Mr. and Mrs. Calvin W. Powers, having
previously been before the Council for its first reading on Monday, September
28, 1981, read and adopted on its first reading and laid over, was again before
the body, Mr. Landis offering the following for its second reading and final
adoption:
parcel of
Courtland
(#25784) AN ORDINANCE providing for the sale and conveyance of a
land owned by the City and located at the intersection of Liberty and
Roads.
(For full text of Ordinance, see Ordinance Book No. 47, page 92.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Garland, Harvey, Landis, Thomas and Vice-Mayor
Butler ......................................................................... 5.
NAYS: None ......................................................... 0.
(Council member Bowles and Mayor Taylor were absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 2:35 p.m., the Vice-Mayor declared the meeting recessed.
At 3:15 p.m., the meeting reconvened in the Council Cbm~ber, with
Vice-Mayor Butler presiding and all members of the Council present, with the
exception of Mrs. Bowles and Mayor Taylor.
AIRPORT-BUDGET-GRANTS: The City Manager submitted a written report
in regard to the purchase of land in the vicinity of the airport, recommending
that Council authorize appropriation of $350,000.00 of the 1981 undesignated
fund balance to the airport fund and partial reimbursement to the General Fund
for all future state and federal grant amounts received for the airport land
acquisition project; that the City Manager's Office make binding offers, using
FAA acquisition procedures, on behalf of the City to four property owners based
on fair market value as determined by independent appraisers; that the City
Manager's Office notify the County Board of Supervisors and Mr. William Gates,
that a binding offer has been made to the property owner of the property being
requested to be rezoned and request that the rezoning petition be rescinded or
denied. Mr. Ewert noted that the cost is estimated at $350,000.00 with reimburse-
ments anticipated at a later date in the range of $262,500.00 for a net cost of
approximately $87,500.00; and funding is initially from the General Fund 1981
undesignated fund balance, anticipated to be partially offset by state and
federal grants.
(For full text, see report on file in the City Clerk's Office.)
A report of the Airport Advisory Commission recommending that Council
authorize purchase of the William Gates and Ralph Ayers property and other
property located within the 40 Noise Exposure Forecast Contour and similar land
needed to control construction or usage incompatible to airport operations, was
before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency Ordinance appropriating
the requested funds:
(#25791) AN ORDINANCE to amend and reordain certain sections of the
1981-82 General Fund and Airport Fund Appropriation Ordinances, and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 93.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Garland, Harvey, Landis, Thomas and Vice-Mayor
Butler ....................................................................... 5.
NAYS: None ........................................................ 0.
(Council member Bowles and Mayor Taylor were absent.)
379
,380
ACTION:
ATTEST:
Hr. Harvey offered the following emergency Ordinance:
(t25792) AN ORDINANCE providing for the acquisition of real estate
needed by the City for airport purposes, authorizing the City H~nager to f~x to
a certain limit the consideration to be offered by the City for each parcel;
providing for the City's acquisition of such real estate by condem~ation, under
certain circumstances; authorizin$ the City to make motion for the award of a
right of entry on any of the parcels; directing the mailing of this ordinance
to certain persons; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 94.)
Hr. Harvey moved the adoption of the Ord/nance. The motion was
seconded by Hr. Thomas and adopted by the following vote:
AYES: Council members Garland, Harvey, Landis, Thomas end Vice-Mayor
Butler 5.
NAYS: None ....................................................... O.
(Council member Bowles and Mayor Taylor were absent.)
There being no further business, the Vice-Mayor declared the meeting
adjourned at 3:20 p.m.
APPROVED
City Clerk
REGULAR ~EEI(L¥ SESSION ...... ROANOKE CITY COUNCIL
October 12, 1981
7:30 p.m.
The Council of the City of Roanoke met in regular meeting in the Council Chamber
in the Municipal Building, City of Roanoke, on Monday, October 12, 1981, at 7:30 p.m.,
the regular meeting hour, with Mayor Noel C. Taylor presiding,
PRESENT: Council members Wendell N. Butler, Robert A. Garland, Charles L.
Landis, Hampton W. Thomas, Elizabeth T. Bowles and Mayor Noel C. Taylor ............... 6.
ABSENT: Council member James G. Harvey, II ................................. 1.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. Wilburn C. Diblimg, Jr.,
City Attorney; Mr. Joel M. Schlanger, Director of Finance; and Ms. Mary F. Parker, City
Clerk.
The invocation was delivered by the Reverend William Lee, Pastor, Loudon Avenue
Christian Church.
The Pledge of Allegiance to the Flag of the United States of America was led by
Mayor Taylor.
BID OPENINGS:
JUVENILE DETENTION HOME (YOUTH ~AVEN): Pursuant to notice of advertisement for
bids for alterations to Youth Haven, 1301 Third Street, S. W., said proposals to be
received by the City Clerk until 4:30 p.m., Monday, October 12, 1981, and to be opened
and read before the Council at 7:30 p.m., on that date, or as soon thereafter as the
matter could be heard, the Mayor asked if anyone had any questions about the advertisement
for bids; whereupon, Mr. Bud Derey representing Homestead Corporation of America appeared
before Council and requested that he be permitted to deduct $1,300.00 from the base bid
of Homestead Corporation of America.
The Mayor called upon the City Attorney for a legal opinion in regard to the
request; whereupon, the City Attorney advised that it is customary for bidders to make
additions or deletions on the outside of their envelopes, that he does not see how the
request of Mr. Derey differs from that procedure, and stated that he does not see how any
prejudice could come to the City by granting Mr. Derey's request.
ACTION:
In view of the City Attorney's ruling, Mr. Garland moved that Home-
stead Corporation of America be permitted to deduct $1,300.00 from their base
bid. The motion was seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Butler, Garland, Landis, Thomas, Bowles and
Mayor Taylor ............................................................... 6.
NAYS: None ....................................................... 0.
(Council member Harvey was absent.)
The Mayor them requested that the City Clerk proceed with the opening
of the bids; whereupon, the City Clerk opened and read the following bids:
Regional
Construction Hodges Homestead Const.
Services of Lumber Corp. of W.J. Blame Services
Roanoke, Inc. Corp. America Gen. Cont. Inc.
Base Bid
$12,590.00 $14,700.00 $16,925.00 $16,225.00 $16,415.00
(Pursuant to an oral request of Mr. Bud Derey representing Home- )
(stead Corporation of America, deduct $1,300.00 from the base bid)
(of Homestead Corporation of America )
2,500.00 2,617.00 3,798.00 2,735.00 2,679.00
Alt, 2
1,365.00 3,133.00 3,531.78 3,150.00 3,148.00
Alt. 3
675.00 888.00 744.00 895.00 590.00
Alt. 4
475.00 911.00 1,248.00 925.00 998.00
Alt. 5
375.00 582.00 988.00 990.00 497.00
ACTION:
Mr. Thomas moved
appointed by the Mayor for
The motion was seconded by
that the bids be referred to a committee to be
tabulation, report and recommendation to Council.
Mrs. Bowles and adopted.
The Mayor appointed Messrs. Charles L. Landis, Chairman, W. Robert
Herbert and Thomas F. Brady as members of the committee.
381
'3'82
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
CONSENT AGEI~DA:
The Mayor advised that all matters listed on the Consent Agenda were
considered to be routine by the City Council and would be enacted by one motion
in the forms listed on the agenda, and if discussion was desired, that item
would be withdrawn from the Consent Agenda and considered separately. He
noted that there were three requests for Executive Sessions to discuss personnel
matters and a legal matter.
MINUTES: Minutes of the regular meeting of Council held on Monday,
September 28, 1981, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Dr. Butler moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded by Mr.
Garland and adopted by the following vote:
AYES: Council members Butler, Garland, Landis, Thomas, Bowles and
Mayor Taylor .............................................................. 6.
NAYS: None .................................................... O.
(Council member Harvey was absent.)
COUNCIL: A communication from the Mayor requesting an Executive
Session to discuss personnel matters, was before Council.
(For full text, see coummnication on file in the City Clerk's Office.)
Dr. Butler moved that Council concur in the request. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Butler, Garland, Landis, Thomas, Bowles end
Mayor Taylor ................................................................. 6.
NAYS: None ........................................................ 0.
(Council member Harvey was absent.)
COUNCIL: A communication from Councilman Landis requesting an Executive
Session to discuss a legal matter, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Dr. Butler moved that Council concur in the request. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Butler, Garland, Landis, Thomas, Bowles and
Mayor Taylor ................................................................... 6.
NAYS: None .......................................................... 0.
(Council member Harvey was absent.)
AIRPORT: A conmmnication from Mr. Arthur J. Walrath, Mayor, Town of
Blacksburg, transmitting copy of Resolution 9-C-81, supporting the extension of
Runway 23 at Roanoke Municipal Airport, Woodrum Field, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Dr, Butler moved that the commmnication be received and filed with
appreciation. The motion was seconded by Mr. Garland and adopted by the follow-
ing vote:
AYES: Council members Butler, Garland, Landis, Thomas, Bowles and
Mayor Taylor ................................................................... 6.
NAYS: None ........................................................ 0.
(Council member Harvey was absent.)
YOUTH SERVICES CITIZEN BOARD: A communication from Mr. C. J. Goens,
Jr., tendering his resignation as a member of the Youth Services Citizen Board,
was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Dr. Butler moved that the resignation be accepted with regret and
that the com~nunication be received and filed. The motion was seconded by Mr.
Garland and adopted by the following vote:
AYES: Council members Butler, Garland, Landis, Thomas, Bowles and
Mayor Taylor ...................................................................
NAYS: None ........................................................... 0.
(Council member Harvey was absent.)
ACTION:
ACTION:
ACTION:
ACTION:
COUNCIL: A request of the City Hanager for an E~cutive Session to
discuss a personnel matter, was before Council.
Dr. Butler moved that Council concur in the request. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Butler, Garland, Landis, Thomas, Bowles and
Mayor Taylor ...... 6.
NAYS: None ..................................................... 0.
(Council member Harvey was absent.)
BUDGET-DIRECTOR OF FINANCE: A report of the Director of Finance
presenting comparative analyses regarding special reports on the City's financial
records, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler moved that the report be received and filed. The motion
was seconded by Mr. Garland end adopted by the following vote:
AYES: Council members Butler, Garland, Landis, Thomas, Bowles and
Mayor Taylor .................................................................. 6.
NAYS: None ........................................................ O.
(Council member Harvey was absent.)
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke City School Board
requesting an appropriation of $12,400.00 for art workshops to be conducted
during 1981-82; a transfer of $50,477.00 to fund two Learning Disabled teachers;
and a transfer of $1,124.00 to provide one long-term substitute, was before
Council.
(For full text, see con~unication on file in the City Clerk's Office.)
In this connection, a report of the Director of Finance recommending
that Council concur in the request, was also before the body.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler offered the following emergency Ordinance:
(#25793) AN ORDINANCE to amend and reordain certain sections of the
1981-82 General Fund and Grant Programs Fund Appropriation, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 96.)
Dr. Butler moved the adoption of the Ordinance. The motion was
seconded by Mr. Landis and adopted by the following vote:
AYES: Council members Butler, Garland, Landis, Thomas, Bowles and
Mayor Taylor ................................................................. 6,
NAYS: None ......................................................... O.
(Council member Harvey was absent.)
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
POLICE DEPARTMENT: At the request of the City Manager, Police Chief
M. David Hooper, appeared before Council and presented an oral briefing on
uniform crime statistics.
(See report on file in the City Clerk's Offics.)
Mr. Garland moved that the report be received and filed. The motion
was seconded by Mrs. Bowles and adopted.
INSURANCE: At the request of the City Manager, Mr. D. D. Roupe,
Manager of Purchasing and Materials Control, appeared before Council and presented
a briefing on the risk management insurance program.
(See written report on file in the City Clerk's Office.)
383
384
ACTION:
ACTION:
ACTION:
ACT ION:
The Council expressed an interest in knowing how the $chool BOard is
progressing along these lines and the Mayor asked that Mr. Roupe contact
school officials with the request that Council receive a briefing in regard to
their insurance program.
Mr. Landis moved that the report be received and filed. The motion
was seconded by Mr. Garland and adopted.
DOWNTOWN ROANOKE-CITY PROPERTY: At the last regular meeting of
Council on Monday, October 5, 1981, a 3 - 2 vote occurred on an Ordinance to
amend a lease with J & S Parking Company, at which time the City Attorney
advised that the Ordinance had failed because Section 12 of the City Charter
requires that every Ordinance or Resolution shall require, on final passaic,
the affirmative vote of a majority of the members of Council.
The Director of Utilities and Operations appeared before Council and
advised that additional information has been received in response to questions
raised by Council members on October 5 to the effect that the proposed hotel
developer has no plans to construct a parking garage on the parking lot site,
and Mr. Kiser once again reco~nded ~ndment of the lease with J & S Parking
Company to permit J & S Parking Company to pave the City-owned lot on the northeasl
corner of Tazewell Avenue and Wllliamson Road, S. E., and be re/mbursed under
certain terms and conditions.
(See report of the City Manager under date of October 5, 1981.)
The City Attorney advised that Rule 10 of the Council provides that
anyone voting with the majority when the matter was initially considered on
October 5, 1981, may move for a reconsideration of the question; whereupon, Mr.
Thomas moved for a reconsideration of the recommendation. The motion was
seconded by Mr. Garland and adopted.
Mr. Garland then moved that the following Ordinance be placed upon
its first reading:
(#25794) AN ORDINANCE authorizing and providing for an amendment to a
lease between the City as lessor and J & S Parking Company as lessee, to provide
for the paving of the parking lot at the corner of Tazewell Avenue and William~on
Road, S. E., thereby leased, and to extend the term thereof four years.
The motion was seconded by Mr. Thomas and adopted by the following
vote:
AYES: Council members Butler, Garland, Landis, Thomas, Bowles and
Mayor Taylor ................................................................. 6.
NAYS: None ......................................................... 0.
(Council member Harvey was absent.)
ITEMS RECOMMENDED FOR ACTION: None.
CITY ATTORNEY:
AIRPORT: The City Attorney submitted a written report advising that at
the meeting of Council on October 5, 1981, Council concurred in Mr. Harvey's
recommendation to extend an invitation to area local governments to appoint
liaison members to the Airport Advisory Commission and referred the matter to
him for preparation of the proper measure; whereupon, he presented same.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas offered the following Resolution:
(#25795) A RESOLUTION inviting neighboring local governments to
appoint representatives to serve as liaison members to the Airport Advisory
Commission.
(For full text of Resolution, see Resolution Book No. 47, page 97.)
Mr. Thomas moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Butler, Garland, Landis, Thomas, Bowles and
Mayor Taylor ............................................................... 6.
NAYS: None ........................................................ O.
(Council member Harvey was absent.)
BUDGET-POLICE DEPARTMENT-AIRPORT: The City Attorney submitted a
written report in regard to an age discrimination suit filed by five persons
who are employed by the City in security work at the airport, said suit having
been filed in the United States District Court for the Western District of
Virginia, Roanoke Division, noting that the persons sought $425,000.00 in
damages and placement in positions in the Police Department. Mr. Dibling
recommended a settlement of the matter which would involve the payment of
$35,000.00 to the five plaintiffs and their attorneys and that three of the
plaintiffs would be placed in airport security positions and two of the plain-
tiffs would be placed in watershed security positions, with both positions
being classified at pay grade 12.
(For full text, see report on file in the City Clerk's Office.)
ACT ION:
ACTION:
ACTION:
ACTION:
ACTION:
Mr. Garland offered the following e~ergency Ordfmance transferring
$35,000.00 from General Fund C~atingency Reserve to Nom-Departmental Mfscellaneou~
of the 1981-82 budget:
(#25796) ,~N ORDINANCE to -~ud and reordain certain sections of the
1981-82 General Fumd Appropriation Ordinance, and providing for am emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 97.)
Mr. Garland moved the adoption of the Ordinance, The motion was
seconded by Dr, Butler and adopted by the following vote:
AYES: Council members Butler, Garland, Landis, Thomas, Bowles amd
Mayor Taylor .............................................................. 6.
NAYS: None ...................................................... 0.
(Council member Harvey was absent.)
REPORTS OF COMMITTEES:
BUDGET-REFUSE COLLECTION: A report of the Roanoke Valley Regional
Solid Waste Management Board transmitting the 1980-81 Financial Report for the
operations of the Board as prepared by Peat, Marwick, Mitchell & Company, was
before the Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas moved that the report be received end filed. The motion
was seconded by Mr. Landis end adopted.
ZONING: A report of the Board of Zoning Appeals requesting a review
of the present zoning requirements in order to allow use of non-conforming lots
of record in existing residential subdivisions, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas moved that the matter be referred to the City Planning
Commission and the City Attorney for joint report to Council. The motion was
seconded by Mrs. Bowles and adopted.
CENTURY PROJECT-PARKS AND PLAYGROUNDS-DOWNTOWN ROANOKE: Councilman
Charles L. Landis, Chairman of the comittee appointed by the Mayor to tabulate
bids received for Elmwood Park improvements, submitted a written report of the
committee recomending that the low base bid of Watts and Breakell, Incorpora-
ted, plus alternates in the amount of $504,500.00 and 200 calendar days for
completion of the work, be accepted, and that funds in the amount of $529,500.00
be transferred therefor.
(For full text, see report on file in the City Clerk's Office.)
In this connection, a report of the City Manager concurring in the
reco~nendation, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#25797) AN ORDINANCE to amend and reordain certain sections of the
1981-82 Capital Projects Appropriation, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 98.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Butler, Garland, Landis, Thomas, Bowles and
Mayor Taylor .................................................................. 6.
NAYS: None ......................................................... 0.
(Council member Harvey was absent.)
Mr. Landis offered the following emergency Ordinance:
(#25798) AN ORDINANCE providing for the implementation of Century
Project 12-96, consisting of various improvements to Elmwood Park, upon certain
terms and conditions, by accepting the lowest bid made to the City; authorizing
execution of the requisite contract; rejecting certain other bids; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 98.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Butler, Garland, Landis, Thomas, Bowles end
Mayor Taylor ................................................................... 6.
NAYS: None .......................................................... 0.
(Council member Harvey was absent.)
385
3;86
ACTION:
ACTION:
ACTION:
Hr. Landis moved that the report of the City Manager be received and
filed. The motion was seconded by Mr. Thomas and adopted.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
STREETS AND ALLEYS: Ordinance No. 25788 permanently vacating, discon-
tinuing and closing an alley lying to the west of Lot 130, Roanoke Land and
Improvement Company, between Campbell Avenue, S. E., and Kirk Avenue, S. E.,
granting certain easements and rights with respect thereto and authorizing
agreements with adjoining landowners as Co certain ocher proposed uses therefor,
having previously been before the Council for its first reading on Monday,
October 5, 1981, read and adopted on its first reading and laid over, was again
before the body, Dr. Butler offering the following for its second reading and
final adoption:
(#25788) AN ORDINANCE permanently vacating, discontinuing and closing
an alley lying to the west of Lot 130, Roanoke Land and Improvement Company,
between Campbell Avenue, S. E., and Kirk Avenue, S. E., Roanoke, Virginia,
granting certain easements and rights w/th respect thereto and authorizing
agreements with adjoining landowners as to certain other proposed uses therefor.
(For full text of Ordinance, see Ordinance Book No. 47, page 95.)
Dr. Butler moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Butler, Garland, Landis, Thomas, Bowles and
Mayor Taylor ................................................................... 6.
NAYS: None ........................................................... 0.
(Council member Harvey was absent,)
MOTIONS AND MISCELLANEOUS BUSINESS: NONE.
OTHER HEARINGS OF CITIZENS:
BUDGET-PARKS AND PLAYGROUNDS: The Director of Finance submitted a
written report advising that on September 28, 1981, Council adopted an Ordinance
accepting the bid of Boxley Construction Company for improvements to five city
parks, that a report requesting transfer of funds within the Capital Fund
accompanied the Bid Comm{ttee's report, and recommending that Council adopt the
appropriate budget Ordinance transferring $61,000.00 from the Capital Improvement
Reserve Account earmarked for park improvements to a line item account to be
used for this purpose.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler offered the following emergency Ordinance:
(#25799) AN ORDINANCE to amend and reordain certain sections of the
1981-82 Capital Projects Fund Appropriation, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 99.)
Dr. Butler moved the adoption of the Ordinance. The motion was
seconded by Mr. Landis and adopted by the following vote:
AYES: Council members Butler, Garland, Landis, Thomas, Bowles and
Mayor Taylor ................................................................ 6.
NAYS: None ....................................................... O.
(Council member Harvey was absent.)
At 8:35 p.m., the Mayor declared the meeting recessed.
At 9:50 p.m., the meeting reconvened in the Council Chamber with
Mayor Taylor presiding and all members of Council present, with the exception
of Mr. Harvey.
YOUTH SERVICES CITIZEN BOARD: The Mayor called to the attention of
Council that there are two vacancies on the Youth Services Citizen Board created
by the resignations of Ms. Anita Tanner and Mr. Julian R. Moore and called for
nominations to fill the vacancies.
Mr. Garland placed in nomination the name of Mr. C. Lewis Pitzer, Jr.
Mr. Thomas placed in nomination the name of Mrs. Velma B. Self.
There being no further nominations, Mr. Pitzer was elected to fill
the unexpired term of Mr. Julian R. Moore, resigned, ending May 31, 1984; and
Mrs. Self was elected for a term of three years ending May 31, 1984, by the
following vote:
ACT ION:
ACTION:
ACTION:
ACTION:
FOR MRS. SEIF AND HR. PITZER: Council members Butler, Garland,
Landis, Thomas, Bowles and Mayor Taylor .................................... 6.
(Council member Harvey was absent. )
ROANOKE NEIGHBORHOOD PARTNERSHIP STEERING COMHITTEE: The Mayor
advised that there is a vacancy on the Roanoke Neighborhood Partnership Steering
Co~ittee created by the resignation of Hr. Lloyd J. Sarber, Jr., and called
for nominations to fill the vacancy.
Mr. Landis placed in nomination the n~,,~ of Mrs. Polly D. Bixler.
There being no further nominations, Mrs. Bixler was elected as a
member of the Roanoke Neighborhood Partnership Steering Co~ittee by the
following vote:
FOR MRS. BI~2~ER: Council members Butler, Garland, Landis, Thomas,
Bowles and Mayor Taylor ...................................................... 6.
(Council member Harvey was absent.)
INSURANCE-CITY EMPLOYEES: Councilman Charles L. Landis, Chatrm~ of
the Committee appointed by the Mayor to study employee group medical insurance,
submitted a written report of the Committee recommending that the City Manager
be authorized to execute documents with Blue Cross/Blue Shield of Southwestern
Virginia for the provision of certain medical and health services to employees
of the City and their families, known as Plan II, beginning January 1, 1982 and
terminating December 31, 1982; that the City Manager be authorized to execute
documents with Blue Cross/Blue Shield known as Enrollment S,,mm,ry and agreement
extending present coverage from August 1, 1981, to December 31, 1981; and that
the City Manager be authorized to execute, on behalf of the City, appropriate
agreements setting forth the terms of the contract and the obligations of each
party to the contract, all agreements and contracts shall be in form approved by
the City Attorney.
(For full text, see report on file in the City Clerk's Office.)
Hr. Landis offered the following emergency Ordinance:
(#25800) AN ORDINANCE authorizing certain agreements and contracts
to be entered into with Blue Cross of Southwestern Virginia and Blue Shield of
Southwestern Virginia to provide medical and health services for employees of
the City and members of their families; and providing for un emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 99.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Hr. Garland and adopted by the following vote:
AYES: Council members Butler, Garland, Landis, Thomas, Bowles and
Mayor Taylor .............................................................. 6.
NAYS: None ..................................................... 0.
(Council member Harvey was absent.)
ARCHITECTURAL REVIEW BOARD: The Mayor called to the attention of
Council that the terms of Messrs. W. L. Whitwell and Kenneth L. Motley as
· members of the Architectural Review Board expired on September 30, 1981, and
called for nominations to fill the vacancies.
Mr. Garland placed in nomination the names of Messrs. 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 September 30, 1985, by the following vote:
FOR MESSRS. WIiITWELL AND MOTLEY: Council members Butler, Garland,
Landis, Thomas, Bowles and Mayor Taylor ...................................... 6.
(Council member Harvey was absent.)
CITY MANAGER: The City Manager submitted a written report advising
that pursuant to Section 21.1 of the City Charter, he is pleased to appoint Mr.
W. Robert Herbert as Assistant City Manager, effective October 13, 1981, subject
to the confirmation by a majority of the members of Council.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(#25801) A RESOLUTION confirming the City Manager's appointment of
W. Robert Herbert as Assistant City Manager.
(For full text of Resolution, see Resolution Book No. 47, page 100.)
387
388
ATTEST
Hrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Butler, Garland, Landis, Thomas, Bovles and
14ayor Taylor ............................................................... 6.
NAYS: None .......................................................... 0.
(Council member Harvey was absent. )
There being no further business, the Iiayor declared the meeting
adjourned at 10:00 p.m.
APPROVED
City Clerk Mayor
389
KEGULARWEEKLY SESSION ..... ROANOKE CITY COUNCIL
October 26, 1981
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the Council Chamber
in the Municipal Building, City of Roanoke, on Monday, October 26, 1981, at 2:00 p.m., the
regular meeting hour, with Mayor Noel C. Taylor presiding.
PRESENT: Council members Wendell H. Butler, Robert A. Garland, James G. Harvey,
II, Charles L. Laadis, Hampton W. Thomas, Elizabeth T. Bowles and Mayor Noel C. Taylor--7.
ABSENT: None ................................................................. O.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. W. Robert Herbert, Assistant
City Manager; Mr. Wilburn C. Dibling, Jr., City Attorney; Mr. William X Parsons, Assistant
City Attorney; Mr. Joel M. Schlanger, Director of Finance; and Ms. Mary F. Parker, City
Clerk.
The invocation was delivered by the Reverend Ronald W. Smith, Pastor, Bethany
Christian Church.
The Pledge of Allegiance to the Flag of the United States of America was led by
Mayor Taylor.
BID OPENINGS:
ACTION:
ACTION:
SEWERS AND STORM DRAINS: Pursuant to notice of advertisement for bids
for construction of the Vinton Pumping Station, said proposals to be received by
the City Clerk until 1:30 p.m., Monday, October 26, 1981, and to be opened and
read before the Council at 2:00 p.m., on that date, or as soon thereafter as the
matter could 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; where-
upon, the City Clerk opened and read the following bids:
Boxley Construction Company -
Aaron J. Conner General Contractor,
Inc. -
Acorn Construction Company, Ltd.
English Construction Company, Inc. -
Hickory Construction Company, Inc. -
Branch & Associates, Inc. -
$ 464,700.00
488,936.00 (if alternate
proposal accepted,
deduct $20,000.00)
576,700.00
583,000.00
630,400.00
798,400.00
Mr. Thomas moved that the bids be referred to a committee to be
by the Mayor for tabulation, report and recommendation to Council. The motion
was seconded by Mrs. Bowles and unanimously adopted.
The Mayor appointed Messrs. Charles L. Landis, Chairman, Kit B. Kiser,
Thomas F. Brady and Ronald Miller (Vinton Town Manager) as members of the
tee.
CONSENT AGENDA:
ACTION:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the City Council and would be enacted by one
motion in the forms listed on the agenda, and if discussion was desired, that
item would be removed from the Consent Agenda and considered separately. He
noted that the City Attorney had orally requested an Executive Session to discuss
a matter of pending litigation, that Councilman Landis had orally requested an
Executive Session to discuss a contractual matter, that Vice-Mayor Butler had
orally requested an Executive Session to discuss a real estate and a legal
matter, and that he had requested an Executive Session to discuss a personnel
matter.
MINUTES: Minutes of the regular meeting of Council held on Monday,
October 5, 1981, and the regular meeting held on Monday, October 12, 1981, were
before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Dr. Butler moved that the reading of the minutes be dispensed with and
that the minutes be approved as recorded. The motion was seconded by Mr. Garland
and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas,
Bowles and Mayor Taylor ...................................................... 7.
NAYS: None ....................................................... 0.
390
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters, was before Council.
(For full text, see co~unication on file in the City Clerk's Office.)
Dr. Butler moved that Council concur in the request. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor ..................................................................
NAYS: None .......................................................... 0,
ROANOKE NEIGNBORNOOD PARTNERSHIP STEERING COMMITTEE: A communication
from Mr. John M. Williams tendering his resignation as a member of the Roanoke
Neighborhhood Partnership Steering Committee, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Dr. Butler moved that the resignation be accepted with regret and that
the communication be received and filed. The motion was seconded by Mr. Garland
and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor ............................................................... 7.
NAYS: None .......................................................... O.
POLICE DEPARTMENT: A written report of the City Attorney advising of
the dismissal of the case of Victor D. Whorley v Officers Charles A. Kart and R.
E. Cassell, in which the plaintiff alleged that Roanoke City police officers had
either negligently lost or stolen his wristwatch, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler moved that the report be received and filed. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor ............................................................... 7.
NAYS: None .......................................................... 0.
DIRECTOR OF FINANCE-BILLINGS AND COLLECTIONS: A report of the Director
of Finance transmitting statistics as related to the Billings and Collections
operations for the period of July through September, 1981, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler moved that the report be received and filed. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas,
Bowles and Mayor Taylor ........................................................ 7.
NAYS: None ....................................................... 0.
CITY MANAGER: The qualification of Mr. W. Robert Herbert as Assistant
City Manager of the City of Roanoke, Virginia, effective October 13, 1981, was
before Council.
(See Oath of Office on file in the City Clerk's Office.)
filed.
vote:
Dr. Butler moved that the report of qualification be received and
The motion was seconded by Mr. Garland and adopted by the following
AYES: Council members Butler, Garland, Harvey, Landis, Thomas,
Bowles and Mayor Taylor ...................................................... 7.
NAYS: None ...................................................... 0.
HOUSING: The qualification of Mr. Paul C. Dress as a member of the
Fair Housing Board to fill the unexpired term of Mr. Richard P. White, resigned,
ending March 31, 1982, was before Council.
(See Oath of Office on file in the City Clerk's Office.)
filed.
vote:
Dr. Butler moved that the report of qualification be received and
The motion was seconded by Mr. Garland and adopted by the following
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor ............................................................. 7.
NAYS: None ...................................................... O.
391
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
LIBRARIES: The qualification of Mrs. Delores Y. Johns as a ~ember of
the Roanoke Public Library Board to f~ll the unexpired term of Mrs. Constance J.
M=mlar, deceased, ending June 30, 1983, was before Council.
(See Oath of Office on file in the City Clerk's Office.)
filed.
vote:
Dr. Butler moved that the report of qualification be received and
The motion was seconded by Mr. Garland and adopted by the following
filed.
vote:
AYES: Council members Butler, Garland, Marvey, Landis, Thomas, Bowles
and Mayor Taylor ............................................................ 7.
NAYS: None ........................................................ 0.
YOUTH SERVICES CITIZEN BOARD: The qualification of Mr. C. Lewis
Pitzer as a member of the Youth Services Citizen Board for a term of three years
ending May 31, 1984, was before Council.
(See Oath of Office on file in the City Clerk's Office.)
Dr. Butler moved that the report of qualification be received and
The motion was seconded by Mr. Garland and adopted by the following
filed.
vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor ............................................................. 7.
NAYS: None .......................................................... 0.
ROANOKE CIVIC CENTER: The qualification of Mr. Vincent S. Wheeler as
a member of the Roanoke Civic Center Commission for a term of three years ending
September 30, 1984, was before Council.
(See Oath of Office on file in the City Clerk's Office.)
Dr. Butler moved that the report of qualification be received and
The motion was seconded by Mr. Garland and adopted by the following
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor ............................................................... 7.
NAYS: None ........................................................ O.
COUNCIL: The City Attorney orally requested an Executive Session to
discuss amatter of pending litigation.
Dr. Butler moved that Council concur in the request. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor .............................................................. 7.
NAYS: None .......................................................... 0.
COUNCIL: Councilman Landis orally requested an Executive Session to
discuss a contractual matter.
Dr. Butler moved that Council concur in the request. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor ............................................................. 7.
NAYS: None ........................................................ 0.
COUNCIL: Vice-Mayor Butler orally requested an Executive Session to
discuss a real estate matter and a legal matter.
Dr. Butler moved that Council concur in the request. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas,
Bowles and Mayor Taylor ...................................................... 7.
NAYS: None ........................................................ 0.
At 2:10 p.m., the Mayor declared the meeting recessed.
At 2:40 p.m., the meeting reconvened in the Council Chamber with Mayor
Taylor presiding and all members of the Council present.
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE,
PETITIONS AND COMMUNICATIONS:
APPALACHIAN POWER COMPANY: A communication from Mr. Howard E. Musser
requesting that Council direct the City Attorney to intervene the City in the
pending suit of 65 APCO ratepayers v. the United States of America, the State
Corporation Commission of Virginia, and Appalachian Power Company regarding the
Blue Ridge Hydroelectric Project on New River, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
3 92
ACTION:
In this connection, Mr. Musser appeared before Council and presented
an additional communication advising that after further consideration of the
matter, instead of the City seeking to intervene, it would be better to prevail
upon the State's Attorney General to intervene the Commonwealth in the suit, for
the reasons set forth in a communication from Messrs. Cerald Baliles and ~yatt
Durrette, candidates for the Office of State Attorney General.
(For full text, see co~,nication on file in the City Clerk's Office.)
Hr. Landis moved that the matter be referred to the City Attorney for
study, report and recomnendation to Council. The motion was seconded by Mr.
Garland and unanimously adopted.
ACTION:
ACTION:
ACTION:
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS REC0//HENDED FOR ACTION:
PARKING GARAGE: The City Manager submitted a written report recommending
approval of free parking to the public in the Parking Garage on Saturdays during
the hours the garage is open for a period of one year beginning November 1,
1981.
(For fall text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following Resolution:
(#25802) A RESOLUTION concurring in the City Manager's recommendation
with respect to free parking in the Municipal Parking Garage on Saturdays for
one year commencing November 1, 1981.
(For full text of Resolution, see Resolution Book No. 47, page 100.)
Mr. Harvey moved the adoption of the Resolution.
seconded by Mr. Garland and adopted by the following vote:
The motion was
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor ................................................................. 7.
NAYS: None ............................................................ 0.
SALE OF PROPERTY-PARKS AND PLAYGROUNDS: The City Manager submitted a
written report in connection with acquisition of certain properties for park
purposes located between Commonwealth Avenue, Wells Avenue, and Williamson Road,
N. E., and the Interstate 581 Ramps as follows: property of George Tanoff,
described as Lots 1, 2, 3, and 4, Scott-Wright Map, in the amount of $140,000.00;
property of Alton B. and Nancy K. Prili~m~n, described as Lot 5, Scott-Wright
Map, in the amount of $19,375.00; and property of Edgar D. and Mary A. Prillmman
and J. W. Inge, III, t/a Stanford & Inge (leasehold interest), described as
Lot 6, Scott-Wright Map, in the amount of $43,000.00 (which includes $16,300.00
allocated to the value of the leasehold).
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance appropriating
funds:
(#25803) AN ORDINANCE to amend and reordain certain sections of the
1981-82 Capital Projects Fund Appropriation, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 101.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor ............................................................... 7.
NAYS: None .......................................................... 0.
Mr. Thomas offered the following emergency Ordinance in regard to
acquisition of the property:
(#25804) AN ORDINANCE providing for the acquisition of real estate
needed by the City for the creation of a park between Commonwealth Avenue, N. E.,
Wells Avenue, N. E., Wllliamson Road, N. E., and Interstate 581; authorizing the
City Manager to offer certain sums to the owners of this property; providing for
the City's acquisition of such real estate by condemnation, under certain circum-
stances; authorizing the City to make motion for the award of a right of entry
on any of the parcels for the purpose of preparing the land for park purposes;
directing the mailing of this ordinance to the property owners; and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 101.)
393
AC~ION:
ACTION:
Mr. Thomas moved the adoption of the Ordinance. The motion was seconded
by Mr. Landis and adopted by the following vote:
AYES: Council members Butler, Garland, Landis, Thomas, Bowles and
Mayor Taylor ............................................................. 6.
NAYS: Council member Harvey ......................................
Mr. Harvey advised that although he voted for the appropriation Ordinance
because funds for the parking garage were included in the 1979 bond issue, he does
not feel that a government should have the authority to conde~m property unless
it is for a water works, sewage treatment plant, schools and/or street purposes,
etc., and expressed particular concern over sections 3 and 6 of Ordinance No.
25804.
Mrs. Mary Prillam~-appeared before Council and advised that if she
could get a fair price for her property, she is willing to negotiate with the
City.
COURTS FACILITY: The City Manager submitted a written report reco~end-
lng approval of Change Order No. 3, in the amount of $53,127.00 and an additional
45 calendar days, to the contract with R. E. Lee and Son, Incorporated, for
construction of the Roanoke Courts Facility.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#25805) AN ORDINANCE authorizing the City Manager's issuance of
Change Order No. 3 to the City's contract with R. E. Lee & Son, Inc., for
construction of the Roanoke Courts Facility, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 102.)
Mr. Landis moved the adoption of the Ordinance. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor ............................................................. 7.
NAYS: None ........................................................ 0.
JAIL: The City Manager submitted a written report in regard to over-
crowded conditions at the Roanoke City Jail, recommending that Council appropriate
the necessary funds to install an additional bunk in each of the five lower level
cells located within the second floor pods of the jail; that General Services/
Purchasing be authorized to obtain bids from qualified contractors and enter into
a purchase order agreement with the low bidder to perform the work (estimated
construction cost of $7,000.00); and that the Director of Finance be authorized
to transfer $7,000.00 from the General Fund Contingency Reserve Account to a
Capital Account to be established for this purpose by the Director of Finance.
(For full text, see report on file in the City Clerk's Office.)
Sheriff Alvin A. Hudson answered questions raised by the members of
Council.
funds:
Mr. Thomas offered the following emergency Ordinance transferring
(#25806) AN ORDINANCE to amend and reordain certain sections of the
1981-82 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 103.)
Mr. Thomas moved the adoption of the Ordinance. The motion was seconded
by Dr. Butler and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor .............................................................. 7.
NAYS: None ......................................................... O.
Following discussion of the matter, Mr. Thomas moved that the City
Attorney be requested to prepare the proper measure to be addressed to the General
Assembly and to the Virginia Municipal League encompassing the following points:
(1) that the State be required to provide adequate State facilities to
care for State prisoners;
(2) that the State be amenable to suit by localities if the State fails
to provide adequate facilities within a reasonable time;
(3) that the State agree that in such suits, capital investment,
operational, actual cost and suit cost will be part of the
award to the localities if the cases are proven;
394
ACTION:
ACTION:
ACTION:
(4)
that the City of Roanoke call upon other localities confronted
with similar situations urging th~m to Join with the City in
calling upon the General Assembly to resolve the matter at once;
(5)
that copy of the Resolution be forwarded to Governor John N. Dalton,
Senator Ray L. Garland, Delegate A. Victor Thomas and Delegate
Clifton I. Woodrum, III, and to the Legislative Committee of the
Virginia Municipal League; and
(6) that the Resolution be made a part of the 1982 Legislative Program.
The motion was seconded by Dr. Butler and unanimously adopted,
BUDGET-RL~VENUE SHARING: The City Attorney submitted a written report
transmitting for consideration of Council a resolution requested by the Mayor
which opposes the proposed 12 per cent reduction in the general revenue sharing
program for fiscal year 1982 and the phase out of the program in subsequent
fiscal years.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following Resolution:
(#25807) A RESOLUTION opposing proposed cuts in the revenue sharing
program and urging continuation of this valuable program at current levels.
(For full text of Resolution, see Resolution Book No. 47, page 103.)
Mr. Landis moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor ............................................................. 7.
NAYS: None ........................................................ O.
LEGISLATION-TAXES-FUEL OIL: The City Attorney submitted a written
report advising that at the Financial and Planning Session on October 19, 1981,
he was directed to draft an appropriate resolution urging the City's elected
representatives to the General Assembly to sponsor and work for the enactment of
legislation amending legislation enacted at the 1981 Session which placed home
heating fuel dealers in localities retaining the one per cent sales and use tax
on such fuels at a competitive disadvantage, transmitting said resolution, and
advising that the matter will be included in the 1982 Legislative Program of the
City.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas offered the following Resolution:
(#25808) A RESOLUTION calling upon the City's elected representatives
to the 1982 Session of the General Assembly to sponsor and work for the enactment
of legislation amending legislation enacted at the 1981 Session which placed home
heating fuel dealers in localities retaining the 1% sales and use tax on homo
heating fuels at a competitive disadvantage.
(For full text of Resolution, see Resolution Book No. 47, page 104.)
Mr. Thomas moved the adoption of the Resolution. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor ............................................................. 7.
NAYS: None ....................................................... 0.
Mr. Harvey stated that although he is in full agreement with the
Resolution to remedy the inequities concerning the location of fuel oil distri-
butors, it does not deal with the most important issue which is the removal of
the one per cent sales tax. He requested that Council review the tax and if
Council feels it is an unfair tax, it could vote to eliminate the tax and direct
the Administration to find funds to replace the loss of revenue, and listed the
following suggestions on how the $70,000 could be replaced:
(1) increase the cigarette tax; (2) seek permission to add additional tax on li¢
(3) seek approval for a payroll tax to be imposed on persons who work in the City,
use City streets, and rely on police and fire protection without contributing
toward these expenses; (4) increase the entertainment tax, such as movies and/or
a bar tax; (5) increase the personnel lapse money by not filling the position
of Director of Administration and Public Safety at this time or until the
financial picture of the City and the general economy improves.
Mr. Harvey moved that the one per cent sales tax on home heating oil
be eliminated.
The Mayor declared the motion lost for lack of a second.
ACTION:
ACTION:
ACTION:
SOUTHWEST VIRGINIA CO~JNITY DEVELOPMENT FUND: The City Attorney
having previously submitted a ~ltten report advising of a title problem with
l~d acquired by the Southwest VirgUle ~ity ~velo~nt F~d for utilization
as a childcare center, Hr. Dibling requested that the item be withdra~ fr~ the
agenda.
Mr. Garland moved that Council concur in the request. The motion was
seconded by Mr. Thomas amd unanimously adopted.
CITY PROPERTY-ENCROACF~4ENTS: The City Attorney submitted a written
report concerning a party wall agreement with Modern Development Corporation to
permit the encroachment of the letter's wall over the City's property on the
north side of Church Avonue and to provide certain controls over the development
of the wall.
(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:
(#25809) AN ORDINANCE authorizing the City Manager to enter into a party
wall agreement with Modern Development Corporation to permit the encroachment
of the latter's wall over the City's property on the north side of Church Avenue
and to provide certain controls over the development of the wall.
The motion was seconded by Mr. Thomas and adopted by the following
vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor ............................................................... 7.
NAYS: None .......................................................... 0.
REPORTS OF COMMITTEES:
AUDIT COMMITTEE: Councilman Garland, Chairman of the Audit Committee,
presented minutes of the meeting held on October 21, 1981, advising that the
Committee reviewed~ received and filed reports from the Municipal Auditor on the
Roanoke City Public School Activity Funds Audit Report, Roanoke City Public
Schools Central Investment Fund Audit Report, and Annual Report for the year
ended June 30, 1981; that the committee reviewed, received and filed reports from
Peat, Marwick, Mitchell & Company's June 30, 1981 audit in regard to Evaluation
of Municipal Audit Department and Employees' Retirement System Financial Statementf
and the Co~fttee reviewed the Peat, Marwick, Mitchell & Company City of Roanoke
Management Letter and the Employees' Retirement System Management Letter with the
written responses from the School Board and the City Administration.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Garland moved that the minutes be received and filed. The motion
was seconded by Dr. Butler and unanimously adopted.
CITY MARKET-DOWNTOWN ROANOKE-CENTURY PROJECT-SALE/PURCHASE OF PROPERTY:
Councilman Landis, Chairman of the committee appointed by the Mayor to tabulate
bids received for construction of the Market Square Parking Garage, submitted a
written report of the committee reco~nending that a lump sum contract be awarded
to J. M. Turner and Company, Incorporated, in the base bid amount of $3,212,000.00
and twelve consecutive calendar months; that the City Manager be authorized to
enter into a contractual agreement with the Western Virginia Foundation for the
Arts and Sciences for their portion of the project; that funding for the project
for the City's share should be approved as follows:
UDAG Grant Construction Account
UDAG Grant Contingency
Total construction account
$ 2,285,800.00
114~200.00
$ 2,400,000.00
(For full text, see report on file in the City Clerk's Office.)
The City Manager submitted a written report recommending that Council
approve the Bid Committee report; that the City Manager be authorized to enter
into a contractual agreement with J. M. Turner and Company, Incorporated, in the
amount of $3,212,000.00 and twelve consecutive calendar months; that the funding
for the project be as follows:
(1)
Private investment for construction from
the Western Virginia Foundation for the
ArEs and Sciences
$ 926,200.00
(2) City of Roanoke for construction from
UDAG Grant Account No. A08180190800
2,285,800.00
(3)
City of Roanoke for contingency fund,
5% of City's share, from UDAG Grant
Account No. A08180190800
114,200.00
(4)
TOTAL to be available for construction
(including a contingency for City's
share)
$ 3,326,200.00;
395
396
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
that the City Manager be authorized to enter into a contractual agreement with
the Western Virginia Foundation for the Arts and Sciences for their portion of
the project; and that funding for the project for the City's share should be
approved as follows:
UDAG Grant Construction Account
UDAG Grant Contingency
Total construction account
2,285,800.00
114~200.00
2,400,000.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#25810) AN ORDINANCE to amend and reordain certain sections of the
1981-82 Capital Projects Fund Appropriation, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 104.)
Mr. Landis moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Hayor Taylor ............................................................. 7.
NAYS: None ........................................................ 0.
Mr. Landis offered ths following emergency Ordinance:
(#25811) AN ORDINANCE accepting the bid of J. M. Turner & Co., Inc.,
for construction of the Market Square Parking Garage, including certain improve-
ments for the Western Virginia Foundation for the Arts and Sciences, 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. 47, page 105.)
Mr. Landis moved the adoption of the Ordinance. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor ................................................................ 7.
NAYS: None ........................................................... 0.
Mr. Landis offered the following emergency Ordinance:
(#25812) AN ORDINANCE authorizing a certain contract to be entered
into between the City and the Western Virginia Foundation for the Arts and Sciences
a non-profit corporation, providing for reimbursement to the City of certain land
acquisition costs and of a portion of the construction costs of the Market Square
Parking Garage; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 105.)
Mr. Landis moved the adoption of the Ordinance. The motion was seconded
by Mr. Thomas and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor ............................................................. 7.
NAYS: None ........................................................ O.
Mr. Landis advised that as a part of the conditions of the contract
with the Western Virginia Foundation for the Arts and Sciences, the Foundation
will provide the City with an Irrevocable Letter of Credit, that the Letter of
Credit has not been received by the City at this time, noting that the City
is operating under certain time restraints in order to finalize the contract,
and the Ordinance authorizes the City Manager to enter into written contract
with the Foundation only after receipt of the Irrevocable Letter of Credit
covering the full amount of the Foundation's part of the Project ($926,200.00+
$132,000.00).
Mr. Landis moved that the report of the City Manager be received and
filed. The motion was seconded by Nr. Thomas and unanimously adopted.
Mr. Landis moved that the City Attorney be requested to prepare the
proper measure setting forth the history of the .Market Square Parking Garage
Project, identifying grant funds, specifying the City's involvement as well as
citizen involvement in the project, and expressing appreciation to all persons
and organizations participating in the project. The motion was seconded by Mr.
Thomas and unanimously adopted.
YOUTH HAVEN: Councilman Landis, Chairman of the committee appointed by
the Mayor to study bids received for alterations to Youth Haven, 1301 Third
Street, S. W., submitted a written report of the committee, recommending that the
iow bid of Construction Services of Roanoke, Inc., in the amount of $17,980.00
and 60 calendar days, be accepted.
(For full text, see report on file in the City Clerk's Office.)
ACTION~
ACTION:
ACTION:
ACTION:
Hr. Landis offered the following emergency Ordinance:
(125813) AN ORDINANCE providing for the contracting for certain altera-
tions and improvements to Youth Haven, upon certain terms and conditions, by
accepting the lowest bid made to the City; authorizing execution of the requisite
contract; rejecting certain other bids; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 106.)
Hr. Landis moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYEg: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor ........................................................... 7.
NAYS: None ...................................................... 0.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
CITY PROPERTY: Ordinance No. 25794 authorizing and providing for an
amendment to a lease between the City and J & S Parking Company to provide for
the paving of the parking lot at the corner of Tazewell Avenue and Willimmmon
Road, S. E., thereby leased, and to extend the term thereof four years, having
previously been before the Council for its first reading on Monday, October 12,
1981, 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:
(#25794) AN ORDINANCE authorizing and providing for an amendment to a
lease between the City as lessor and J & S Parking Company as lessee, to provide
for the paving of the parking lot at the corner of Tazewell Avenue and Williamson
Road, S. E., thereby leased, and to extend the term thereof four years.
(For full text of Ordinance, see Ordinance Book No. 47, page 100.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor ............................................................. 7.
NAYS: None ........................................................ 0.
BUDGET-SCHOOLS: Council at its Financial and Planning Session on
Monday, October 19, 1981, having concurred in a request of the Roanoke City
School Board that $980.00 be appropriated to the Pre-School Incentive Program for
1981-82 and requested that the Director of Finance prepare the proper measure, he
presented same; whereupon, Dr. Butler offered the following emergency Ordinance:
(#25814) AN ORDINANCE to amend and reordain certain sections of the
1981-82 Grant Programs Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 107.)
Dr. Butler moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor ......................................................... 7.
NAYS: None .................................................... 0.
BUDGET-CITY EMPLOYEES: At the Financial and Planning Session on Monday,
October 19, 1981, Council received and filed a report from the Director of
Finance in regard to personnel lapse money.
Dr. Butler offered the following emergency Ordinance reducing various
departmental salary and wage budgets and decreasing the budgeted lapse by the
same amount:
(#25815) AN ORDINANCE to amend and reordain certain sections of the
1981-82 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 107.)
Dr. Butler moved the adoption of the Ordinance. The motion was seconded
by Mr. Thomas and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor .............................................................. 7.
NAYS: None ......................................................... 0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: NONE.
397
398
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
OTHER HEARINGS OF CITIZENS: NONE.
At 4:10 p.m., the Mayor declared the meeting recessed.
At 5:10 p.m., the meeting reconvened in the Council Chamber with Mayor
Taylor presiding and all members of the Council present.
INDUSTRIES: The Mayor advised that there are two vacancies on the
Industrial Development Authority due to the expiration of the four year terms of
Messrs. Horace G. Fralin and C. E. Hunter, Jr., that Hr. Hunter has declined to
serve another term and called for nominations to fill the vacancies.
Mr. Garland placed in nomination the nm~o of Mr. Horace G. Fralin.
There being no further nominations, Hr. Fralin was reelected as a
director of the Industrial Development Authority for a term of four years ending
October 20, 1985, by the following vote:
FOR MR. FRALIN: Council members Butler, Garland, Landis, Thomas,
Bowles and Mayor Taylor ...................................................... 6.
(Council member Harvey abstained from voting.)
Mr. Garland offered the following Resolution:
(#25816) A RESOLUTION appointing a director of the Industrial Develop-
ment Authority of the City of Roanoke, Virginia, to fill a four-year term on its
Board of Directors.
(For full text of Resolution, see Resolution Book No. 47, page 108.)
Mr. Garland moved the adoption of the Resolution. The motion was
seconded by Hrs. Bowles and adopted by the following vote:
AYES: Council members Butler, Garland, Landis, Thomas, Bowles and
Mayor Taylor ............................................................... 6.
NAYS: None ...................................................... 0.
(Council member Harvey abstained from voting.)
The Mayor requested that Councilman Garland recommend a replacement to
fill the vacancy created by the resignation of Mr. Hunter.
HEALTH DEPARTMENT: The Mayor advised that there is a vacancy on the
Mental Health Services Board created by the resignation of Mr. E. Deal Tompkins
and requested that Councilman Thomas reconnnend a replacement.
YOUTH SERVICES CITIZEN BOARD: The Mayor advised that there is a
vacancy on the Youth Services Citizen Board created by the resignation of
Mr. C. J. Goens, Jr., and requested that Councilman Landis recommend a replace-
men t.
There being no further business, the Mayor declared the meeting adjournec
at 5:15 p.m.
APPROVED
City Clerk Mayor
ATTEST:
REGULAR WEEKLY SESSION ....... ROANOKE CI1'~ COUNCIL
November 2, 1981
2:00 p.m.
The Council of the City of Roanoke met in regular meeting ~n the Council Chamber
in the Hun~cipal Building, City of Roanoke, on Honday, November 2, 1981, at 2:00 p.m., the
reEular meeting hour, with Vice-Hayor Wendell H. Butler presiding.
PRESENT: Council members Robert A. Garland, James G. Harvey, II, Charles L.
Lamdis, Hampton W. Thomas, Elizabeth T. Bowles and Vice-Mayor Wendell H. Butler ......... 6.
ABSENT: Mayor Noel C. Taylor ................................................. 1.
OFFICERS PRESENT: Hr. H. B. Ewert, City Manager; Mr. W. Robert Herbert, Assistant
City Manager; Mr. Wilburn C. Dibling, Jr., City Attorney; Mr. William X Parsons, Assistant
City Attorney; Hr. Joel M. Schlanger, Director of Finance; and Ms. Mary F. Parker, City
Clerk.
The Vice-Mayor reported that the Mayor has been hospitalized, that his condition
is listed as good and wished him a speedy recovery.
Councilman Harvey advised that our thoughts are with the Mayor and requested that
everyone stand and observe a moment of silent prayer for Mayor Taylor.
The invocation was delivered by Councilman Unmpton W. Thomas.
The Pledge of Allegiance to the Flag of the United States of America was led by
the Vice-Mayor.
PROCLAMATIONS: The Vice-Mayor presented a proclamation on behalf of the Mayor
declaring the week of November 2 - 6, 1981, as M~dical Record Week in the City of Roanoke
and calling upon all citizens to Join in recognizing the dedicated work of the members of
the Medical Record profession.
(See proclamation on file in the City Clerk's Office.)
CONSENT AGENDA:
ACTION:
The Vice-Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the City Council and would be enacted by one
motion in the forms listed on the agenda, and if discussion was desired, that
item would be removed from the Consent Agenda and considered separately.
PENDING ITEMS: A list of items pending from February 7, 1977, through
October 26, 1981, was before Council.
(For full text, see 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. Garland and adopted by the following vote:
AYES: Council members Garland, Harvey, Landis, Thomas, Bowles and
Vice-Mayor Butler ........................................................... 6.
NAYS: None ....................................................... 0.
(Mayor Taylor was absent.)
REGULAR AGENDA:
ACTION:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
NONE.
FLOODS-INSURANCE: Mr. Richard B. Burrow, City Engineer, appeared
before Council and presented a briefing on the flood insurance program for the
City of Roanoke, advising that the program has been approved by the Federal
Emergency Management Agency effective November 4, 1981.
(See report of the City Manager on file in the City Clerk's Office.)
Mr. Thomas moved that the report be received and filed. The motion was
seconded by Mr. Garland and adopted.
3'99
400
ACTION:
ACTION:
ACT ION:
ITE~ I~ECOI~MENDIgD FOR ACTION:
GRANTS-CETA-BUDGET: The City Mamager submitted a written report
recommending that $645,222.00 of CETA fumds be deobligated from fiscal year 1981
accounts amd reappropriated to the proper fiscal year 1982 accoumts, amd that
$23,619.00 received from the Govermor's Emplo~nt amd Training Coumcil be appro-
priated.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinamce:
(#25817) A~ ORDINANCE to amend and reordain certain sections of the
1981-82 Fifth District Consortium F~md Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 109.)
Mr. Garland moved the adoption of the Ordinance. The motion was
by Mr. Landis and adopted by the following vote:
AYES: Council members Garland, Harvey, Landis, Thomas, Bowles and
Vice-Mayor Butler ............................................................. 6.
NAYS: None ......................................................... O.
(M~yor Taylor was absent.)
FOOTBALL-PARKS AND PLAYGROUNDS-STADIUM: The City M~nager submitted a
written report recommending approval of a request of the Roanoke Valley Chamber
of Commerce for a waiver of fees in accordance with Resolution No. 24982 for use
of Victory Stadium on November 8, 1981, for the ~-nual football game to raise
funds for the Sandlot Football Program of the Department of Parks and Recreation.
(For full text, see report on file in the City Clerk's Office.)
Mr, Harvey offered the following Resolution:
(#25818) A RESOLUTION waiving the standard rental fee for use of a
City facility.
(For full text of Resolution, see Resolution Book No. 47, page 110.)
Mr. Harvey moved the adoption of the Resolution. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Garland, Harvey, Landis, Thomas, Bowles and
Vice-Mayor Butler ............................................................ 6.
NAYS: None ........................................................ O.
(Mayor Taylor was absent.)
JAIL: The City Attorney submitted a written report advising that at
the meeting of Council on Monday, October 26, 1981, he was requested to prepare a
measure to be forwarded to the ~overnor, the members of the local delegation to
the General Assembly and to the Legislative Co~ittee of the Virginia Mumicipal
League requesting that certain remedial actions be taken to alleviate overcrowding
at the Roanoke City Jail, and transmittimg said measure for the consideration of
Council.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(#25819) A RESOLUTION requesting remedial action to alleviate over-
crowding at the Roanoke City Jail.
(For full text of Resolution, see Resolution Book No. 47, page 111.)
Mrs. Bowles moved the adoption of the Resolution.
seconded by Mr. Harvey and adopted by the following vote:
The motion was
AYES: Council members Garland, Harvey, Landis, Thomas, Bowles and
Vice-Mayor Butler ............................................................. 6.
NAYS: None ......................................................... O.
(Mayor Taylor was absent.)
REPORTS OF CO~ITTEES:
WATER DEPARTMENT: Councilman Thomas, Chairman of the Water Resources
Committee, presented a joint written report of the Committee and the City Manager
recommending authorization for the acquisition of approximately two million
gallons of water per day from the City of Salem under certain stipulations.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
ACTION:
ACTION:
ACTION:
Mr. Thomas offered the following emergency Ordinance appropriating
$30,000,00:
(#25820) A~ ORDINANCE to amend and reordatn certain sections of the
1981-82 Water Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 111.)
Mr. Thomas moved the adoption of the Ordinance. The motion was seconded
by Hr. Landis and adopted by the following vote:
AYES: Council members Garland, Harvey, Landis, Thomas, Bowles and
Vice-Mayor Butler ........................................................... 6.
NAYS: None ....................................................... 0.
(Mayor Taylor was absent.)
Mr. Thomas offered the following emergency Ordinance authorizing
temporary purchase of the water:
(#25821) AN ORDINANCE authorizing the temporary purchase of water from
the City of Salem to augment the City of Roanoke's water supplies; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 112.)
Mr. Thomas moved the adoption of the Ordinance. The motion was seconded
by Mr. Landis and adopted by the following vote:
AYES: Council members Garland, Harvey, Landis, Thomas, Bowles and
Vice-Mayor Butler .............................................................. 6.
NAYS: None .......................................................... 0.
(Mayor Taylor was absent.)
Mr. Thomas offered the following Resolution expressing appreciation to
the City of Salem:
(#25822) A RESOLUTION expressing appreciation to the City of Salem for
its offer to supply surplus water to the City to help alleviate the City's water
shortage.
(For full text of Resolution, see Resolution Book No. 47, page 112.)
Mr. Thomas moved the adoption of the Resolution. The motion was
seconded by Mr. Landis and adopted by the following vote:
AYES: Council members Garland, Harvey, Landis, Thomas, Bowles and
Vice-Mayor Butler ............................................................ 6.
NAYS: None ........................................................ 0.
(Mayor Taylor was absent.)
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
CITY PROPERTY-ENCROACHMENTS: Ordinance No. 25809 authorizing the City
Manager to enter into a party wall agreement with Modern Development Corporation
to permit the encroachment of the latter's wall over the City's property on the
north side of Church Avenue and to provide certain controls over the development
of the wall, having previously been before the Council for its first reading on
Monday, October 26, 1981, read and adopted on its first reading and laid over,
was again before the body, Mr. Landis offering the following for its second
reading and final adoption:
(#25809) AN ORDINANCE authorizing the City Manager to enter into a
party wall agreement with Modern Development Corporation to permit the encroach-
ment of the latter's wall over the City's property on the north side of Church
Avenue and to provide certain controls over the development of the wall.
(For full text of Ordinance, see Ordinance Book No. 47, page 109.)
Mr. Landis moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Garland, Harvey, Landis, Thomas, Bowles and
Vice-Mayor Butler .............................................................. 6.
NAYS: None .......................................................... 0.
(Mayor Taylor was absent.)
401
402
ATTEST:
HOTIONS AND HISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COI4qENTS BY THEHA¥ORANDHEHBERSOF COUNCIL: NONE,
OTHER HEARINGS OFCITIZENS: NONE.
There being no further business, the V~e-Mayot declared the meeting
adjourned at 2:20 p.m.
APPROVED
City Clerk Mayor
REGULAR WEEKLY SESSION ..... ROANOKE CITer COUIqCIL
Noveeber 9, 1981
7:30 p.m.
The Council of the City of Roanoke met in regular meting in the Council Chamber
in the Municipal Building, City of Roanoke, on Honday, November 9, 1981, at 7:30 p.m., the
regular meeting hour, with Mayor Noel C. Taylor presiding.
PRESENT: Council members Jam~s G. Harvey, II, Charles L. Landis, ~a~pton W.
Thomas, Elizabeth T. Bowles, Robert A. Garland, and Mayor Noel C. Taylor ............... 7.
ABSENT: None ~ O.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. W. Robert Herbert, Assistant
City Manager; Mr. Wilburn C. Dibling, Jr., City Attorney; Mr. Joel M. Schlanger, Director
of Finance; and Mrs. Mary F. Parker, City Clerk.
The invocation was delivered by the Reverend David D. Stanford, Pastor, Christ
Episcopal Church.
The Pledge of Allegiance to the Flag of the United States of America was led by
Mayor Taylor.
The Mayor welcomed Scout Group 10 from Second Presbyterian Church.
The Mayor expressed appreciation for the cards and expressions of good will he
received during his recent period of hospitalization.
PROCLAMATIONS: The Mayor presented proclamations declaring the second week in
November, 1981, as Youth Appreciation Week; declaring Wednesday, November 11, 1981, as
Veterans Day; and declaring the week of November 22 - 29, 1981, as Bible Week in the City
of Roanoke.
(See proclmmmtions on file in the City Clerk's Office.)
BID OPENINGS:
SEWERS AND STORM DRAINS: Pursuant to notice of advertisement for bids for
the Hanover Avenue storm drain, said proposals to be received by the City Clerk
until 4:30 p.m., on Monday, November 9, 1981, and to be opened and read before
the Council at 7:30 p.m., on that date, or as soon thereafter as the matter could
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:
S. C. Rossi & Co., Inc. -
J. P. Turner & Brothers, Inc. -
New River Controls, Inc. -
E. C. Pace Co., Inc. -
Ramey, Inc. -
Mullins and Jones, Inc. -
Prillaman & Pace, Inc. -
Aaron J. Conner General Contractor,
Inc. -
Stmmie E. Lyttle Co., Inc. -
$ 185.190.00
199 000.00
201 617.50
204467.50
214807.00
215 222.80
228.615.50
241,565.00
274,218.00
Mr. Thomas moved that the bids be referred to a co-~n~ttee to be appointed by
the Mayor for tabulation, report and recommendation to Council. The motion was
seconded by Mr. Garland and unanimously adopted.
The Mayor appointed Messrs. Charles L. Landis, Chairman, Kit B. Kiser end
Richard B. Burrow as members of the committee.
PUBLIC HEARINGS:
ZONING: Pursuant to Resolution No. 25523 adopted by the Council at its
regular meeting on Monday, April 6, 1981, the City Clerk set a public hearing on
Monday, November 9, 1981, at 7:30 p.m., or as soon thereafter as the matter could
be heard, on the request of Mr. E. Nelson Brumfield that 0.318 acre located in
the 2700 block of Brandon Avenue, S. W., described as the southerly portion of
Lots 16 and 17, Block 5, Lee Hy Gardens, Official Tax No. 1610349, be rezoned
from RS-3, Single-Family Residential District, to RG-1, General Residential
District, the matter was before the body.
In this connection, a report of the City Planning Comm~ ssion recommending
that Council concur in the request, was before the body.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
ACTION:
ACTION:
ACTION:
Mr. Douglas W. Kielkopf, Attomey, representing the petitiomer, appeared
before Council in support of the request of his cliemt.
No one appearing in opposition to the request, Mr. Garland moved that
the following Ordinance be placed upon its first reading:
(#25823) AN ORDINANCE to amend Sections 36-3 amd 36-4, Code of the
City of Roanoke (1979), as amended, and Sheet No. 161, Sectional 1976 Zone Map,
City of Roanoke, in relation to Zoning.
(For full text of Ordinance, see Ordinance Book No. 47, page 119.)
The motion was seconded by Dr. Butler and adopted by the following
vote:
AYES: Council members Harvey, La~dis, Thomas, Bowles, Butler, Garland
and Mayor Taylor .............................................................. 7.
NAYS: None .......................................................... 0.
ZONING: Pursuant to Resolution No. 25523 adopted by the Council at its
regular meeting on Monday, April 6, 1981, the City Clerk set a public hearing on
Monday, November 9, 1981, at 7:30 p.m., or as soon thereafter as the matter could
be heard, on the request of Mr. James D. Fralin that a tract of land containing
0.8 acre, located in the 2900 block of Epperly Avenue, N. W., described as Lots
19, 20 and 21, Block 1, Epperly Court, Official Tax Nos. 2160612, 2160613 and
2160614, be rezoned from RS-3, Single-Family Residential District, to RG-1,
General Residential District, subject to certain conditions proffered by the
petitioner, the matter was before the body.
A report of the City Planning Commission recommending that the
request be denied, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler moved that the Ordinance rezoning the property be placed
upon its first reading. The motion was seconded by Mr. Garland.
Mr. R. M. Hughes, AIA, representing the petitioner, appeared before
Council and advised that the request for rezoning has gone through three public
hearings before the City Planning Commission with the main concern being expressed
over the sanitary sewer capacity, noting that since the last public hearing, new
evidence has been generated in regard to the sanitary sewer matter and the City
Engineer will present that information to the Council.
In view of the fact that certain new information had surfaced since the
last public hearing before the City Planning Commission, Mr. Thomas offered a
substitute motion that the matter be referred back to the City Planning Commission
for further study, report and recommendation to Council. The motion was seconded
by Mrs. Bowles and unanimously adopted.
Mrs. Bowles requested that the property owners be notified of the date,
time end place of the City Planning Commission meeting.
ZONING: Pursuant to Resolution No. 25523 adopted by the Council at its
regular meeting on Monday, April 6, 1981, the City Clerk set a public hearing for
Monday, November 9, 1981, at 7:30 p.m., or as soon thereafter as the matter could
be heard, on the request of Mr. Calvin W. Powers, t/a The Carpet Shop, that
property fronting 380 feet on Noble Avenue opposite the City of Roanoke Service
Center and Fire Station #2, described as Lots 7 - 13, respectively, Map of William-
son Grove, Official Tax Nos. 3080322 - 3080328, respectively, containing approxi-
mately 1.171 acres, be rezoned from IDM, Industrial Development District, to LM,
Light Manufacturing District, subject to certain conditions proffered by the
petitioner, the matter was before the body.
A report of the City Planning Commission reco~m~ending that the request
be granted, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Jack V. Place, Attorney, representing the petitioner, appeared
before Council in support of the request of his client.
No one appearing in opposition to the request for rezoning, Mrs.
Bowles moved that the following Ordinance be placed upon its first reading:
(#25824) AN ORDINANCE to amend Sections 36-3 and 36-4, Code of the
City of Roanoke (1979), as amended, and Sheet No. 308, Sectional 1976 Zone Map,
City of Roanoke, in relation to Zoning, subject to certain conditions.
(For full text of Ordinance, see Ordinance Book No. 47, page 119.)
The motion was seconded by Mr. Harvey and adopted by the following
vote:
ACTION:
ACTION:
ACTION:
AYES: Council members Harvey, Landis, Thomas, Bowles, Butler, Garland
and Mayor Taylor ......................................................... 7.
NAYS: None ........................................................ O.
ZONING: Pursuant to Resolution No. 25523 adopted by the Council at its
regular meeting on Monday, April 6, 1981, the City Clerk set a public hearing for
Monday, November 9, 1981, at 7:30 p.m., or as soon thereafter as the matter could
be heard, on the request of Apperson Drive Developers, a Virginia Limited Partner-
ship, that a tract of land lying and being on the northerly side of U. S. Route
No. 11, Lee Highway, containing approximately 2.77 acres, Official Tax No. 5200104
be rezoned from C-2, General Co~rcial District, to LM, Light Manufacturing
District, subject to certain conditions proffered by the petitioner, the matter
was before the body.
Mr. Thomas advised that inasmuch as his law firm represents the petition~
he would like to withdraw from the discussion and vote on the request for rezoning.
In this connection, a report of the City Planning Co~ssion recommendin~
that the request be granted, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Richard L. Greenberg, Attorney, representing the petitioner,
appeared before Council in support of the request of his client.
No one appearing in opposition to the request, Mr. Garland moved
that the following Ordinance be placed upon its first reading:
(#25825) AN ORDINANCE to amend Sections 36-3 and 36-4, Code of the
City of Roanoke (1979), as amended, and Sheet No. 520 Sectional 1976 Zone Map,
City of Roanoke, in relation to Zoning, subject to certain conditions.
(For full text of Ordinance, see Ordinance Book No. 47, page 120.)
The motion was seconded by Mr. Landis and adopted by the following
vote:
AYES: Council members Harvey, Landis, Bowles, Butler, Garland and
Mayor Taylor .................................................................. 6.
NAYS: None ......................................................... 0.
(Counci member Thomas abstained from voting.)
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the City Council and would be enacted by one motion
in the forms listed on the agenda, and if discussion was desired, that item would
be removed from the Consent Agenda and considered separately. He noted that
included on the Consent Agenda was one request for an Executive Session to discuss
personnel matters.
MINUTES: Minutes of the regular meeting of Council held on Monday,
October 26, 1981, and the regular meeting of Council held on Monday, November 2,
1981, 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 Dr. Butler
and adopted by the following vote:
AYES: Council members Harvey, Landis, Thomas, Bowles, Butler, Garland
and Mayor Taylor .............................................................. 7.
NAYS: None ......................................................... O.
COUNCIL: A communication from Mayor Taylor requesting an Executive
Session to discuss personnel matters, was before the body.
(For full text, see conmmnication on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the request. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Harvey, Landis, Thomas, Bowles, Butler, Garland
and Mayor Taylor .............................................................. 7.
NAYS: None ......................................................... 0.
CIVIC CENTER: The qualification of Mr. J. M. Turner, Jr., as a member
of the Roanoke Civic Center Commission for a term of three years ending September
30, 1984, was before Council.
(See Oath of Office on file in the City Clerk's Office.)
4O5
406
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
Mrs. Bowles moved that the report of qualification be received and
filed. The motion was seconded by Dr. Butler and adopted by the following vote:
AYES: Coumcil members Marvey, Landis, Thomas, Bowles, Butler, Garlamd
amd Mayor Taylor ............................................................ 7.
NAYS: None ....................................................... 0.
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND CO~gCONICATION8:
TAXES-FUEL OIL/COAL: Councilman Harvey having requested that the City
Manager submit recommendations to Council to bring the budget into balance taking
into consideration the elimination of the one per cent local sales tax on home
heating fuel oil, the City Manager submitted a written report advising that
should Coumcil consider the elimination of the one per cent fuel tax, expenditure
reductions to offset the loss of $69,200 in revenue for fiscal year 1981-82 may
be as follows:
"School Administration - Recommend to the School Board that
the Board agree to a reduction of $24,912 (36.5Z), with the
nature of the budgetary reductions to be decided by the
School Administration and School Board;
City Administration - $44,288 (64.0%), with the budgetary
reductions being divided between the Capital Reserve Account
($22,144) and Contingency Reserve Account ($22,144)."
(For full text, see report on file in the City Clerk's Office.)
Hr. Harvey moved that the one per cent local fuel tax be eliminated and
that the shortfall in revenue in fiscal year 1981-82, in the amount of $69,200
be offset by taking $39,600.00 from personnel lapse funds amd $39,600.00 from
the contingency fund. The motion was seconded by Mr. Garland.
Mr. Thomas offered an amendment to the motion to provide that the one
per cent local tax on home heating fuel be eliminated, effective January 1,
1982; that the loss of revenue in fiscal year 1981-82, in the amount of $69,200,
be taken from the contingency fund; and that the Roanoke City School Board be
requested to voluntarily reduce its budget to help the City in making up a part
of the loss of revenue. The amendment to the motion was seconded by Dr. Butler
and unanimously adopted.
The motion, as amended, was then unanimously adopted.
TAXES: A communication from Mr. Bruce Bloodworth, President, League of
Older Americans, requesting that City income and assets limitations be raised to
the state levels for freezing property taxes of certain senior citizens, was
before Council.
(For full text, see communication and copy of House Bill No. 1399 on file in
the City Clerk's Office.)
Mr. Thomas moved that the matter be deferred until the Financial amd
Planning Session of Council on Monday, November 16, 1981, amd that the matter
also be included on the City Council agenda of Monday, November 23, 1981. The
motion was seconded by Mr. Landis and unanimously adopted.
(NOTE: It was later agreed that the Financial and Planning Session of the
Council would be held on Wednesday, November 18, 1981.)
TREASURER: A communication from tit. Gordon E. Peters, Treasurer,
requesting that Council prescribe the sum for his city revenue bond and approve
surety so the new bond may be executed on or before December 30, 1981, was before
the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Landis moved that the matter be referred to the City Manager and
the Director of Finance for study, report and recommendation and to the
City Attorney for preparation of the proper measure. The motion was seconded by
Mr. Thomas and unanimously adopted.
BUDGET-SCHOOLS: A communication from the Roanoke City School Board
requesting appropriations of $17,600.00 for the Safety First Program, and $9,043.0
for the Work Study Program, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
In this connection, a report of the Director of Finance recommending
that Council concur in the request, was before the body.
A6~ION:
ACTION:
ACTION:
ACTION:
(For full text, see report on file in the City Clerk's Office.)
Hr. Garland offered the following emergency Ordinance:
(#25826) AN ORDINANCE to amend and reordain certain sections of the
1981-82 General Fund and Grant Program- Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 113.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Landis and adopted by the following vote:
AYES: Coumcil members Harvey, Landis, Thomas, Bowles, Butler, Garland
and Mayor Taylor ............................................................ 7.
NAYS: None ................................................... 0.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
SEWERS AND STORM DRAINS: The City Manager submitted a written report
in regard to cost savings resulting from converting three engines at the Sewage
Treatment Plant to natural gas, advising that a conservative estimate of cost
savings is $150,000.00 to $200,000.00 per year and these savings can go toward
additional sludge removal or sewer line replacements.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas moved that the report be received and filed. The motion
was seconded by Mr. Landis and unanimously adopted.
ITEMS RECO~W~ENDED FOR ACTION:
SEWERS AND STORM DRAINS-STATE HIGHWAYS: The City M~anager submitted a
written report recommending authorization to execute a City-State Agreement for
the construction of a storm sewer outfall for the Hershberger Road Project,
which covers the construction of an underpass to the Lick Run Channel to drain
this project, said agreement to bind the City to pay 37% of the project cost,
estimated to be $420,921.44, making the City's estimated share $155,740.93.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas offered the following emergency Ordinance:
(#25827) AN ORDINANCE relating to the improvement of Hershberger Road
and approving a contract to be entered into between the City and the Virginia
Department of Highways and Transportation with respect thereto; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 114.)
Mr. Thomas moved the adoption of the Ordinance. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Landis, Thomas, Bowles, Butler, Garland and
Mayor Taylor ................................................................ 6.
NAYS: None ........................................................ 0.
(Council member Harvey was out of the Council Chamber.)
BUDGET-POLICE DEPARTMENT-FIRE DEPARTMENT-AIRPORT-WATER DEPARTMENT-
CITY EMPLOYEES: The City Manager submitted a written report in regard to the
recent settlement of the legal action initiated by five airport police officers
which requires the officers and equipment to be transferred out of the Police
Department, advising that three officers are to be transferred to the Airport
Department, two officers are to be transferred to the Water Department and a
five per cent pay raise is to be granted to the officers. He recommended that
Council approve certain appropriations and transfers and that the City Attorney
be authorized to take the necessary steps to petition the Circuit Court for the
appropriate police powers on City owned airport and water supply properties.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler offered the following emergency Ordinance providing for the
budget adjustments as outlined in the City Manager's report:
(#25828) AN ORDINANCE to amend and reordain certain sections of the
1981-82 Water Fund and Airport Fund Appropriation Ordinances, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 114.)
407
408
ACTION:
ACTION:
ACTION:
Dr. Butler moved the adoption of the Ordinance. The ~otion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members l~ndis, Thoms, Bowles, Butler, Garland and
Mayor Taylor ................................................................ 6.
NAYS: None .......................................................... O.
(Council member Harvey was out of the Council Chamber.)
BUDGET-FIRE DEPARTMENT-EQUIPMENT: The City Manager submitted a written
report concurring in a report of the Bid Co--,ittee recommending that the bid of
Gr,,mm~n Emergency Products, Inc,, for two new fire pumpers, in the amount of
$221,922.00, with a delivery date of 165 days, be accepted, and that additional
funds in the amount of $60,050.00 be transferred therefor.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance transferring
$60,050.00 from Capital Replacement Reserve to Vehicular Equipment, Fire
of the 1981-82 General Fund Appropriation Ordinance:
(#25829) AN ORDINANCE to amend and reordain certain sections of the
1981-82 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 115.)
Mr. Landis moved the adoption of the Ordinance. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Landis, Thomas, Bowles, Butler, Garland and
Mayor Taylor ................................................................... 6.
NAYS: None ........................................................ 0.
(Council member Harvey was out of the Council Chamber.)
Mr. Landis offered the following emergency Ordinance providing for
the purchase of the fire pumpers:
(#25830) AN ORDINANCE providing for the purchase of two new fire
pumpers for use by the City, upon certain terms and conditiona, by accepting a
certain bid made to the City for furnishing and delivering such equipment;
rejecting certain other bids made to the City; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 115.)
Mr. Landis moved the adoption of the Ordinance. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Harvey, Landis, Thomas, Bowles, Butler, Garland
and Mayor Taylor ............................................................. 7.
NAYS: None ....................................................... 0.
APPALACHIAN POWER COMPANY-STATE CORPORATION COI~4ISSION: The City
Attorney submitted a written report advising that at its regular meeting on
Monday, October 26, 1981, Council referred to his office for study and reco~nenda-
tion, the request of Mr. Howard E. Musser, on behalf of some 65 customers of
Appalachian Power Company, that the City urge the Attorney General, on behalf of
the Comonwealth of Virginia, to intervene in a lawsuit filed by the APCO
customers in the United States District Court for the Western District of Virginia
against the United States, the State Corporation Co-~,fssion, and APCO. He
stated that the suit primarily seeks damages from the Government, and from APC0
if necessary, which the customers say they will suffer in the form of higher
rates for electricity as a result of certain congressional action in declaring
the New River a protected watercourse under the Wild and Scenic Rivers Act, thus
forestalling APCO's planned development of the Blue Ridge Pumped Storage and
Hydroelectric Project on the river. Mr. Dibling noted that Council, by Resolution
No. 25386, urged the United States Congress to enact special legislation
lng APCO for the loss incurred by APCO when Congress rendered null its license
to construct the Blue Ridge Project; and in view of Council's prior interest in
the matter, he believes it would be appropriate for Council to support the
request of the plaintiffs in this case to urge the Attorney General to study the
possibility of intervening on behalf of the Commonwealth in Musser, et. al. v.
United States of America, et al., and transmitting a Resolution for the considera-
tion of Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas offered the following Resolution:
(#25831) A RESOLUTION urging the Attorney General to study the possibil-
ity of intervening on behalf of the Commonwealth in the case of Musser, et al.
v. United States of America, et al. (W.D.Va., Civil Action No. 81-0348).
(For full text of Resolution, see Resolution Book No. 47, page 116.)
409
ACTION:
ACTION:
ACTION:
ACTION:
Mr. Thomas moved the adoption of the Resolution. The motion was
seconded by Mr. ~,dis and adopted by the following vote:
AYES: Council members Harvey, l~-dis, Thomas, Bowles, Butler, Garland
and Mayor Taylor .......................................................... 7.
NAYS: None .................................................... O.
GRANTS-MARKET-PARKING GARAGE-CENTURY PROJECT: The City Attorney
submitted a written report advising that his office was instructed to prepare a
measure setting forth the history of the Market Square Parkimg Garage Project,
identifying the funding for the Project and the involvement of the City and of
its citizens and, expressing appreciation to all persons and organizations
participating in the Project, and transmitting the Resolution for consideration
of Council.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(#25832) A RESOLUTION commending the Center in the Square Project.
(For full text of Resolution, see Resolution Book No. 47, page 116.)
Mrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Mr. Landis and adopted by the following vote:
AYES: Council members Harvey, Landis, Thomas, Bowles, Butler, Garland
and Mayor Taylor ........................................................ 7.
NAYS: None ...................................................... 0.
DIRECTOR OF FINANCE:
BUDGET-GRANTS-TOTAL ACTION AGAINST POVERTY IN THE ROANOKE VALLEY: The
Director of Finance submitted a written report in comnection with the close-out
of TAP Youth Center Grant No. 80-AS178J, advising that the total appropriation
for this grant was $54,191.00 of which ali funds were state grant receipts, and
total funding received and total expenditures equaled $54,191.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis moved that Council concur in the report and receive and
file same. The motion was seconded by Mr. Harvey and unanimously adopted.
BUDGET-GRANTS-POLICE DEPARTMENT: The Director of Finance submitted a
written report in connection with the close-out of Law Enforcement H.I.S. Grant
No. 80-A5166, advising that total appropriation for this grant was $74,572.00,
actual funding received was $65,772.00 and total expenditures were $53,940.21,
that funding of $8,800.00 was not received or used because of the following:
(1) a programmer vacancy for four months decreased anticipated salary costs, and
(2) purchase of equipment rather than rental decreased anticipated leasing
costs.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#25833) AN ORDINANCE to amend and reordain certain sections of the
1981-82 Grant Programs Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 117.)
Mr. Landis moved the adoption of the Ordinance. The motion was
by Mr. Harvey and adopted by the following vote:
AYES: Council members Harvey, Landis, Bowles, Butler, Garland and
Mayor Taylor ................................................................. 6.
NAYS: None ....................................................... 0.
(Council member Thomas was out of the Council Chamber.)
AUDITS-CITY OF ROANOKE: The Director of Finance presented the Annual
Financial Report of the City of Roanoke for the year ended June 30, 1981.
(For full text, see report on file in the City Clerk's Office.)
DIRECTOR OF REAL ESTATE VALUATION:
REAL ESTATE VALUATION: Mr. James L. C. McKenzie, Director of Real
Estate Valuation, appeared before Council and presented a report relative to the
current status of operations for the Office of Real Estate Valuations.
(See report on file in the City Clerk's Office.)
Mr. Garland moved that the report be received and filed. The motion
was seconded by Mr. Landis and unanimously adopted.
410
ACTION:
ACTION:
ACTION:
ACTION:
ATTEST:
RBPORTS OF CO~IITTEES: NONE.
UNFINISRED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
LEGISLATION-RADIO-TELEVISION: Mr. Garlamd offered the following
Resolution:
(t25834) A RESOLUTION expressing the appreciation of the City of
Roanoke to the Honorable }larry F. Byrd, Jr., and the Honorable John W. War, er
for their support of am amendment to S.898, the Telecommunications Competition
and Deregulation Act of 1981, which deleted cable television provisions from the
Bill.
(For full text of Resolution, see Resolution Book No. 47, page 118.)
Mr. Garland moved the adoption of the Resolution, The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Harvey, Landis, Thomas, Bowles, Butler, Garland
and Mayor Taylor ............................................................. 7.
NAYS: None ......................................................... 0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: NONE.
OTHER HEARINGS OF CITZENS: NONE.
At 9:30 p.m., the Mayor declared the meeting recessed.
At 10:10 p.m., the meeting reconvened in the Council Chamber with
Mayor Taylor presiding and all members of the Council present.
ROANOKE NEIGHBORMOOD PARTNERSHIP STEERING COMMITTEE: The Mayor advised
that there is a vacancy on the Roanoke Neighborhood Partnership Steering Co,-~ttee
created by the resignation of Mr. John M. Williams and requested that Mrs.
Bowles recozend a replacement.
YOUTH SERVICES CITIZEN BOARD: The ~yor called to the attention of
Council that there is a vacancy on the Youth Services Citizen Board due to the
resignation of Mr. Cyril J. Goens, Jr., for a term ending May 31, 1982, and
called for nominations to fill the vacancy.
Mr. Landis placed in nomination the name of Mr. Larry G. ~rtin.
There being no further nominations, Mr. Martin was elected as a member
of the Youth Services Citizen Board to fill the unexpired term of Mr. Cyril J.
Goens, Jr., resigned, ending May 31, 1982, by the following vote:
FOR MR. MARTIN: Council members Harvey, Landis, Thomas, Bowles,
Butler, Garland and Mayor Taylor ............................................ 7.
COUNCIL: Mr. Thomas moved that the Financial and Planning Session of
Council to be held on Monday, November 16, 1981, be rescheduled for Wednesday,
November 18, 1981, at 2:00 p.m., with the Audit Committee and Water Resources
Committee meetings to follow. The motion was seconded by Mrs. Bowles and
unanimously adopted.
There being no further business, the Mayor declared the meeting
adjourned at 10:15 p.m.
APPROVED
City Clerk
Mayor
SPECIAL SESSION ROANOKE CITY COUNCIL
November 18, 1981
3:05 p.m.
The Council of the City of Roanoke met in special session in Room 157-159 of the
Municipal Building, City of Roanoke, on Wednesday, November 18, 1981, at 3:05 p.m., with
Mayor Noel C. Taylor presiding.
PRESENT: Council members Charles L. Landis, Hampton W. Thomas, Elizabeth T.
Bowles, Wendell H. Butler, Robert A. Garland and Mayor Noel C. Taylor ...............
ABSENT: Council member James G. Harvey, II ................................. 1.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. W. Robert Herbert, Assistant
City Manager; Mr. William X Parsons, Assistant City Attorney; Mr. Joel M. Schlanger,
Director of Finance; and Ms. Mary F. Parker, City Clerk.
The Mayor requested that the City Clerk read the following co~m~mication calling
the special meeting of Council:
"November 16, 1981
ACTION:
ACTION:
Members of Roanoke City Council
Roanoke
Virginia
Dear Mrs. Bowles and Gentlemen:
Pursuant to Section 10, Meetings of Council, of the Roanoke City
Charter, please be advised that I am calling a special meeting
of the Roanoke City Council on Wednesday, November 18, 1981,
immediately following the Financial and Planning Session which
begins at 2:15 p.m., in the Civil Defense Room, first floor of
the Municipal Building, for the purpose of considering a personnel
matter.
Sincerely,
S/ Noel C. Taylor
Noel C. Taylor
NCT:dw
cc:
Mr. H. B. Ewert, City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Joel M. Schlanger, Director of Finance
Mrs. Mary F. Parker, City Clerk"
COUNCIL: The City Manager orally requested that Council meet in
Executive Session to discuss a personnel matter.
Mrs. Bowles moved that Council concur in the request. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Landis, Thomas, Bowles, Butler, Garland and
Mayor Taylor .................................................................. 6.
NAYS: None ........................................................ O.
(Council member Harvey was absent.)
At 3:07 p.m., the Mayor declared the meeting recessed.
At 3:25 p.m., the meeting reconvened in Room 157-159 of the Municipal
Building, with Mayor Taylor presiding and all members of Council present, with
the exception of Mr. Harvey.
CITY EMPLOYEES-CITY MANAGER-DIRECTOR OF ADMINISTRATION AND PUBLIC
SAFETY: The City Manager advised that with the confirmation of Council, he
would like to appoint Mr. George C. Snead, Jr., as Director of Administration
and Public Safety, effective December 21, 1981, at a salary of $32,689.00 per
annum, which is Step A of Range 33 of the City's Pay Plan.
Mr. Garland offered the following Resolution:
(#25835) A RESOLUTION confirming the City Manager's appointment of
George C. Snead, Jr., as Director of Administration and Public Safety in the
administrative service of the City.
(For full text of Resolution, see Resolution Book No. 47, page 118.)
411
412
ATTEST:
Hr. Garland ~oved the adoption of the Resolution. The motion was
seconded by Hrs. Bowles and adopted by the following vote:
AYES: Council members Landis, Thomas, Bo~les, Butler, Garland, and
Hayor Taylor ................................................................. 6.
NAYS: None ......................................................... O.
(Council member Harvey was absent.)
There being no further business, the Mayor declared the special meeting
adjourned at 3:30 p.m.
APPROVED
City Clerk Mayor
415
REGULAR ~EEKL¥ SESSION .... ROANOKE CITY COUNCIL
November 23, 1981
2:00 p.m.
The Council of the City of Roanoke met in regular meeting tn the Council Chamber
in the Municipal Building, City of Roanoke, ou Monday, November 23, 1981, at 2:00 p.m., the
regular meeting hour, with Mayor Noel C. Taylor presiding.
PRESENT: Council members N-mgton W. Thomas, Elizabeth T. Bowles, Wendell H. Butler,
Robert A. Garland, James G, Harvey, II, Charles L. Landis and Hayor Noel C. Taylor .............. 7.
ABSENT: None ........................................................................
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Hr. W. Robert Herbert, Assistant City
Manager; Mr. Wllburn C. Dibling, Jr., City Attorney; Hr. Joel M. Schlanger, Director of Finance;
and Ms. Mary F. Parker, City Clerk.
The invocation was delivered by the Reverend Mark Radecke, Pastor, Christ Episcopal
Church.
The Pledge of Allegiance to the Flag of the United States of America was led by Mayor
Taylor.
CONSENT AGENDA:
ACTION:
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the City Council and would be enacted by one motion in
the forms listed on the agenda and if discussion was desired, that item would be
removed from the Consent Agenda and considered separately. He noted that included
on the Consent Agenda was one request for an Executive Session to discuss personnel
matters, that the City Manager had orally requested an Executive Session to discuss
a contractual/real estate matter, and the City Attorney had orally requested an
Executive Session to discuss amatter of potential litigation.
COUNCIL: A co~unication from Mayor Noel C. Taylor requesting an Executive
Session to discuss personnel matters, was before Council.
(For full text, see co~mmnication on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the request. The motion was seconded
by Mr. Landis and adopted by the following vote:
AYES: Council members Thomas, Bowles, Butler, Garland, Harvey, Landis and
Mayor Taylor ........................................................................ 7.
NAYS: None ................................................................. 0.
ELECTIONS: The following communication from Mr. Daniel S. Brown, Secretary,
Roanoke Electoral Board, transmitting certified copies of the abstract of votes cast in
the general election held in the City of Roanoke on November 3, 1981, was before Council:
"November 6, 1981
Mrs. Mary F. Parker
City Clerk
Municipal Building
Roanoke, Virginia
Dear Mrs. Parker:
Pursuant to Section 24.1-150 of the Code of Virginia,
enclosed are certified copies of the abstract of votes
cast in the general election held in the City of Roanoke
on November 3, 1981.
Yours very truly,
S/ Daniel S. Brown
Daniel S. Brown, Secretary
City of Roanoke Electoral Board
amf
(Enclosures 8)"
"ABSTRACT OF VOTES cast in the City of Roanoke, Virginia, at the General Election
held on the third day of November, 1981, for
GOVERI/OR OF VIRGINIA
N~s of Candidates
Total Votes
Received
(In Figures)
Number of
Challenged
Votes
Included
In Total
Charles S. Robb 16,448 0
J. Marshall Coleman 10,367 0
John Doe 1 0
Kirk Burton 1 0
Henry Howell 1 0
Van Hoback 1 0
Henry Howard 1 0
Richard Obenchain 1 0
We, the undersigned Electoral Board, upon examination of the official records
deposited in the office of the Clerk of the Circuit Court of the election held
on November 3, 1981, do hereby certify that the above is a true and correct
Abstract of Votes cast at said General Election for Governor of Virginia.
Given under our hands this 5th day of November, 1981.
A copy teste:
ELECTORAL
BOARD
(Signed) Alton B. Prillmman, Chairman
(Signed) Melba C. Pirkey, Vice Chairman
(Signed) Daniel S. Brown, Secretary
(Signed) Daniel S. Brown, Secretary, Electoral Board"
"ABSTRACT OF VOTES cast in the City of Roanoke, Virginia, at the General Election
held on the third day of November, 1981, for
LIEUTENANT GOVERNOR OF VIRGINIA
Names of Candidates
Total Votes
Received
(In Figures)
N~her of
Challenged
Votes
Included
In Total
Richard J. "Dick" Davis
Nathan H. Miller
Virgil Goode
Ralph Sampson
Noel Taylor
Donald Duck
Paul McDaniel
Harris Greene
16,373 0
9,517 0
2 0
1 0
1 0
1 0
1 0
1 0
We, the undersigned Electoral Board, upon examination of the official records
deposited in the office of the Clerk of the Circuit Court of the election held
on November 3, 1981, do hereby certify that the above is a true and correct
Abstract of Votes cast at said General Election for Lieutenant Governor of
Virginia.
Given under our hands this 5th day of November, 1981.
A copy tes~e:
ELECTORAL
BOARD
(SE~)
(Signed) Alton B. Prill-m--, Chairm--
(Signed) Melba C. Pirkey, Vice Chairman
(Signed) Daniel S. Brown, Secretary
(Signed) Daniel S. Brown, Secretary, Electoral Board"
"ABSTRACT OF VOTES cast in the City of Roanoke, Virginia, at the General Election
held on the third day of November, 1981, for
ATTORNEY GENERAL OF VIRGINIA
Names of Candidates
Number of
Challenged
Total Votes Votes
Received Included
(In Figures) In Total
Gerald L. "Jerry" Baliles
Wyatt B. Durrette, Jr.
Shad
Parthenia Fields
Prentice Webb
C. W. Ricer
Esters Clay
15,803 0
9,875 0
1 0
1 0
i 0
1 0
1 0
We, the undersigned Electoral Board, upon examination of the official records
deposited in the office of the Clerk of the Circuit Court of the election held
on November 3, 1981, do hereby certify that the above is a true and correct
Abstract of Votes cast at said General Election for Attorney General of Virginia.
Given under our hands this 5th day of November, 1981.
A copy teste:
ELECTORAL
BOARD
(SRAL)
(Signed) Alton B. Prillm~mn, Chairman
(Signed) Melba C. Pirkey, Vice Chairman
(Signed) Daniel S. Brown, Secretary
(Signed) Daniel S. Brown, Secretary, Electoral Board"
415
"ABSTRACT OF VOTES cast in the City of Roanoke, Virginia, at the General Election
held the first Tuesday after the first Monday in November, 1981, for
MEMBER(S) OF THE HOUSE OF DELEGATES
6th District
Names of Candidates
Total Votes
Received
(In Figures)
Number of
Challenged
Votes
included
In Total
A. Victor (Vic) Thomas
Clifton A. "Chip" Woodrum
Zamau K. HcR4anaway
Robert E. Hess, Sr.
John L. Hess
Bob Goodlette
Steven Agee
C. Tucker
Jeffras
18,402 0
16,617 0
3,470 0
1 0
1 0
1 0
1 0
1 0
1 0
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 3,
1981~ do hereby certify that the above is a true and correct Abstract of Votes
cast at said election for Member(s) of the House of Delegates.
Given under our hands this 5th day of November, 1981.
A copy teste:
ELECTORAL
BOARD
(SEAL)
(Signed) Alton B. PrilI-m--, Chairman
(Signed) Melba C. Pirkey, Vice Chairman
(Signed) Daniel S. Brown, Secretary
(Signed) Daniel S. Brown, Secretary, Electoral Board"
"ABSTRACT OF VOTES cast in the City of Roanoke, Virginia, at the General Election
held on November 3rd, 1981, for
CO19{ONWEALTH' S ATTORNEY
Names of Candidates
Number of
Challenged
Total Votes Votes
Received Included
(In Figures) In Total
Donald S. Caldwell 18,128 0
Richard Nixon 1 0
Parthenia Fields 1 0
Don Waltise 1 0
We, the undersigned Electoral Board, upon examination of the official records
deposited with the Clerk of the Circuit Court of the election on November 3rd,
1981, do hereby certify that the above is a true and correct Abstract of Votes
cast at said election and do therefore determine and declare that the following
received the greatest number of votes cast in said election:
Donald S. Caldwell
for the office of Commonwealth's Attorney.
417
"ABSTRACT OF VOTES cast ~n the City of l~anoke, Vir$inta, at the General Election
held on November 3rd, 1981, for
SBERIFF
Names of Candidates
Total Votes
Received
(In Figures)
Number of
Challenged
Votes
Included
In Total
W. Alvin Hudson, Jr.
John Walnut
Charlie Strothers
Parthenia Fields
C. Via Goudie
18,982 0
1 0
1 0
1 0
1 0
We, the undersigned Electoral Board, upon examination of the official records
deposited with the Clerk of the Circuit Court of the election on November 3rd,
1981, do hereby certify that the above is a true a~d correct Abstract of Votes
cast at said election and do therefore determine and declare that the following
received the greatest number of votes cast in said election:
W. Alvin Hudson, Jr.
for the office of Sheriff.
Given under our hands this 5th day of November, 1981.
A copy teste:
ELECTORAL
BOARD
(S~)
(Signed) Alton B. Prillaman, Chairman
(Signed) Melba C. Pirkey, Vice Chairman
(Signed) Daniel S. Brown, Secretary
(Signed) Daniel S. Brown, Secretary, Electoral Board"
"ABSTRACT OF VOTES cast in the City of Roanoke, Virginia, at the General Election
held on November 3rd, 1981, for
COMMISSIONER OF KEVENUE
Names of Candidates
Total Votes
Received
(In Figures)
Number of
Challenged
Votes
Included
In Total
Jerome S. Howard, Jr.
17,431 0
Parthenia Fields
1 0
We, the undersigned Electoral Board, upon examination of the official records
deposited with the Clerk of the Circuit Court of the election on November 3rd,
1981, do hereby certify that the above is a true and correct Abstract of Votes
cast at said election and do therefore determine and declare that the following
received the greatest number of votes cast in said election:
Jerome S. Howard, Jr.
for the office of Commissioner of Revenue.
Given under our hands this 5th day of November, 1981.
(Signed) Alton B. Prillmm~n, Chairman
(Signed) Melba C. Pirkey, Vice Chairman
(Signed) Daniel S. Brown, Secretary
418
A copy teste:
ELECTORAL
BOARD
(SRAL)
(Signed) Daniel S. Brown, Secretary, Electora! Board"
"ABSTRACT OF VOTES cast in the City of Roanoke, Virginia, at the General Election
held on November 3rd, 1981, for
TREASURER
Na~es of Candidates
Total Votes
Received
(In Figures)
Number of
Challenged
Votes
Included
In Total
Gordon E. Peters 19,437 0
Charles H. Spencer 1 0
We, the undersigned Electoral Board, upon examination of the official records
deposited with the Clerk of the Circuit Court of the election on November 3rd,
1981, do hereby certify that the above is a true and correct Abstract of Votes
cast at said election and do therefore determine and declare that the following
received the greatest number of votes cast in said election:
Gordon E. Peters
for the office of Treasurer.
Given under our hands this 5th day of November, 1981.
A copy teste:
ELECTORAL
BOARD
(SE~L)
(Signed) Alton B. Prillaman, Chairm~
(Signed) Melba C. Pirkey, Vice Chairman
(Signed) Daniel S. Brown, Secretary
(Signed) Daniel S. Bro~, Secreta~, Electoral Board"
ACTION:
Mrs. Bowles moved that the commmnication be received and filed. The
motion was seconded by Mr. Landis and adopted by the following vote:
AYES: Council members Thomas, Bowles, Butler, Garland, Harvey, Landis
and Mayor Taylor ................................................................. 7.
NAYS: None ........................................................... O.
ARCHITECTURAL REVIEW BOARD: The qualification of Mr. W. L. Whitwell as
a member of the Architectural Review Board for a term of four years ending October
1, 1985, was before Council.
ACTION:
ACTION:
(See Oath 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. Landis and adopted by the following vote:
AYES: Council members Thomas, Bowles, Butler, Garland, Harvey, Landis,
and Mayor Taylor ................................................................ 7.
NAYS: None ........................................................... 0.
INDUSTRIES: The qualification of Mr. Horace G. Fralin as a Director of
the Industrial Development Authority of the City of Roanoke, Virginia, for a term
of four years ending October 20, 1985, was before Council.
(See Oath 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. Landis and adopted by the following vote:
419
A~TION:
ACTION:
AYES: Council members Thomas, Bowles, Butler, Garland, Harvey, Landis
and Mayor Taylor ............................................................... 7.
NAYS: None ........................................................ 0.
COUNCIL: The City Manager orally requested an Executive Session to
discuss a contractual/real estate matter.
Mrs. Bowles moved that Council concur in the request. The motion was
seconded by Mr. Landis and adopted by the following vote:
AYES: Council members Thomas, Bowles, Butler, Garland, Harvey, Landis
and Mayor Taylor ............................................................ 7.
NAYS: None .......................................................... 0.
COUNCIL: The City Attorney orally requested an Executive Session to
discuss a matter of potential litigation.
Mrs. Bowles moved that Council concur in the request. The motion was
seconded by Mr. Landis and adopted by the following vote:
AYES: Council m~mbers Thomas, Bowles, Butler, Garland, Harvey, Landis
and Mayor Taylor ............................................................... 7.
NAYS: None ........................................................... 0,
REGULAR AGENDA:
ACTION:
ACTION:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
ROANOKE NEIGHBORHOOD ALLIANCE-POLICE DEPARTMENT: Ms. Evangeline Jeffrey,
Board Member of the Roanoke Neighborhood Alliance; Mr. Tony Taylor, member of
the Northwest Neighborhood Alliance; Mr. Abdul M. Shakir, Executive Director of
the Roanoke Neighborhood Alliance; and Mr. Wendell H. Ripkins, 5210 North Spring
Drive, N. W., appeared before Council in support of the Crime Prevention Program
of the Roanoke Neighborhood Alliance.
Mr. Hipkins requested that the Roanoke Neighborhood Alliance be assisted
in the following three areas:
(1)
that the City provide the Roanoke Neighborhood Alliance with
funds to help continue the bulk of its services while the Alliance
finalizes certain resource development activities that are
currently being employed ($41,000.00 which will cover a nine month
period);
(2)
that the City allow the Roanoke Neighborhood Alliance to include
its crime prevention activities in the upcoming City budget plan;
and
(3)
endorsement by Council of the program in order that the Alliance
may state to potential funding sources that its crime prevention
efforts are supported by the City government.
Dr. Butler moved that the requests be referred to the City Manager for
study, report and recommendation to Council at its regular meeting on M~nday,
December 7, 1981. The motion was seconded by Mr. Garland and unanimously adopted.
(It was later agreed that the report would be submitted to Council at its regular
meeting on Monday, December 14, 1981.)
PETITIONS AND COMMUNICATIONS:
TAXES: A communication from Mr. Bruce Bloodworth, President, League of
Older Americans, requesting that City income and asset limitations be raised to
the State levels for freezing property taxes of certain senior citizens, was
before Council.
(For full text, see communication and copy of House Bill No. 1399 on file
in the City Clerk's Office.)
Mr. Bloodworth appeared before Council in support of the request.
Mr. Leroy Calhoun, 713 Loudon Avenue, N. W., also appeared before
Council and spoke in support of the request.
Mr. Thomas moved that Council concur in the request of the League of
Older Americans that the income and asset limitations be raised to conform with
state levels and that the matter be referred to the City Manager for report to
Council as to ways of making up the shortfall in revenue. The motion was seconded
by Dr. Butler.
At 2:55 p.m., the Mayor relinquished the Chair to the Vice-Mayor.
Following considerable discussion of the motion, Mr. Thomas withdrew
the motion and Dr. Butler withdrew his second to the motion.
420
ACTION:
ACTION:
ACTION:
Mr. Thomas moved that the request of the League of Older Americans that
C~ty income and asset l~mitations be raised to conform with state levels for
freezing property taxes of certain senior citizens be referred to the City Hanager
for report as to ways of making up the shortfall in revenue if the request is
approved by Council, and that the report be submitted to Council at its regular
meeting on Honday, December 14, 1981. The motion was seconded by Mr. Harvey.
At 3:05 p.m., the Mayor resumed the Chair.
The motion was then adopted, Mrs. Bowles and Messrs. Garland and
Landis rot/rig no.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: Mr. Brian Wishneff, Chief of Economic Development and
Grants presented a briefing on construction employment, advising that the national
unemployment rate is currently eight per cent and the Reagan administration has
said it expects the rate to rise to nine per cent by the end of this year. He
stated that Roanoke's employment has been rising steadily, that economists are
predicting that the United States will not break out of the current recession
until next fall; that the recession has a devastating effect on one of Roanoke's
largest employment categories - construction; that between August 1980 and August
1981 there were 1,500 fewer heads of fmmtlies employed in construction in the
Roanoke SMSA; that no group has suffered a greater unemployment increase in
Roanoke over the last twelve months than construction workers; that the Roanoke
SMSA has had the largest increase in unemployment among construction workers of
any SMSA in Virginia from 1979-81; and given these statistics, the city's capital
projects could not have come at a better time.
Mr. Wishneff advised that a total of 560 construction jobs for heads of
families has or will result from the City's courthouse, bond issue and downtown
grant projects; that at current rates these jobs will represent 0.7% of the
current construction employment in 1981 for the entire Roanoke SMSA when all
projects are under construction; that it should be noted that these figures do
not include airport construction or any of the City's other capital projects;
that it should also be noted that these figures do not include employment generated
or sustained for architects, engineers and materials suppliers; that City generated
jobs result in a gross payroll of $8,400,000 based on an annual income of $15,000;
that the economic impact to other working families of an $8,400,000 construction
payroll in the Roanoke Valley is $18,480,000 (using a multiplier of 2.2) being
spread throughout the valley.
In concluding, Mr. Wishneff noted that City-generated construction will
significantly help support the construction industry in the Roanoke SMSA during
the current recession and when the economy revives, necessary public improver,-nts
will be in place so that the City can take full advantage of private sector
development.
ITEMS RECOMMENDED FOR ACTION:
BUDGET: The City Manager submitted a written report in regard to the
undesignated fund balance, recommending that Council review a recommended appropria
list and make such modifications as it deems appropriate; and that Council appropri
the remaining balance of $1,745,723 of the fiscal year 1981 undesignated fund
balance.
(For full text, see report on file in the City Clerk's Office.)
In view of the action taken by Council relating to the request of the
Roanoke Neighborhood Alliance for funds in connection with its crime prevention
program; and the request of the League of Older Americans that City income and
asset limitations be raised to conform with State levels for freezing property
taxes of certain senior citizens, Mr. Thomas moved that action on the City
Manager's report be deferred until the regular meeting of Council on Monday,
December 14, 1981. The motion was seconded by Mr. Harvey and unanimously adopted.
BUDGET-MARKET-CENTURY PROJECT: The City Manager submitted a written
report concerning market square lighting and market area banner anchors as part
of the Century Projects, recommending that Council authorize the City Manager to
enter into two purchase orders with Architectural Design Group to design the
Market Square Theatrical Lighting, in the amount of $7,400.00, and Banner Anchoring
System, in the amount of $3,695.00; and authorize the transfer of $11,095.00 from
Public Improvement Bond Series 1980A - lhiblic Buildings to a project account to
be established by the Director of Finance.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance transferring
$11,095.00 from Public Improvement Bonds - Public Buildings, Capital Improvement
Reserve, to Market Lighting and Anchors, Other Public Buildings, of the 1981-82
Capital Projects Fund Appropriation:
(#25836) AN ORDINANCE to amend and reordain certain sections of the
1981-82 Capital Projects Fund Appropriation, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 121.)
[on
~CTION:
ACT ION:
ACT ION:
ACTION:
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Thomas, Bowles, Butler, Garland, Harvey, ~ndis,
and Mayor Taylor ............................................................. ?.
NAYS: None ........................................................ 0.
Mrs. Bowles offered the following emergency Ordinance:
(#2583?) AN ORDINANCE authorizing the City Hanager to enter into two
purchase orders with Architectural Design Group to design certain lighting and
banner anchoring systems for the Market Square as part of the City's Century
Projects; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 121.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was seconded
by Dr. Butler and adopted by the following vote:
AYES: Council members Thomas, Bowles, Butler, Garland, Harvey, Landis,
and Mayor Taylor ............................................................ 7.
NAYS: None ......................................................... 0.
BUDGET-PARKS AND PLAYGROUNDS-CENTURY PROJECT: The City Manager sub-
mitted a written report concerning a design contract for the Church Avenue Park,
Century Project No. 12-94, recommending that Council authorize the execution of a
design services lump sum contract for the improvements to Church Avenue Park with
Architectural Design Group, in a form acceptable to the City Attorney, and in the
amount of $10,600.00 plus $2,700.00 for additional services and reimbursable
expenses; and authorize the transfer of $6,945.00 from Public Improvement Bonds,
Parks, and $6,355.00 from Public Improvement Bonds, Interest from unspent Bond
Funds, to a new account for Church Avenue Park to be established by the Director
of Finance.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler offered the following emergency budget Ordinance:
(#25838) AN ORDINANCE to amend and reordain certain sections of the
1981-82 Capital Projects Fund Appropriation, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 122.)
Dr. Butler moved the adoption of the Ordinance. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Thomas, Bowles, Butler, Garland, Harvey, Landis
and Mayor Taylor ................................................................. 7.
NAYS: None ............................................................ O.
Dr. Butler offered the following emergency Ordinance:
(#25839) AN ORDINANCE authorizing the City Manager to enter into a
contract with Architectural Design Group to provide architectural services for
the Church Avenue Park, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 122.)
Dr. Butler moved the adoption of the Ordinance. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Thomas, Bowles, Butler, Garland, Harvey, Landis
and Mayor Taylor .............................................................. 7.
NAYS: None ........................................................ 0.
MARKET-DOWNTOWN ROANOKE-CENTER IN THE SQUARE: The City Manager sub-
mitted a written report recommending approval of Change Order No. 1 to the
contract with J. M. Turner and Company, Incorporated, for construction of the
Market Square Parking Garage, to provide for a time extension of six consecutive
calendar months for Phase II of the project.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency Ordinance:
(#25840) AN ORDINANCE approving the City Manager's issuance of Change
Order No. 1 to the City's contract with J. M. Turner and Company, Inc., for
construction of the Market Square Parking Garage; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 123.)
Mr. Harvey moved the adoption of the Ordinance. The motion was seconded
by Dr. Butler and adopted by the following vote:
421
422
ACT 10N:
ACTION:
ACTION:
ACTION:
AYES: Council members Thomas, Bowles, Butler, Garland, Harvey, !~dis
and Mayor Taylor .............................................................. 7.
NAYS: None ......................................................... O.
TRAFFIC-LICENSES-CITY GOVERNMENT-CELEBRATIONS: The City Manager submitted
a written report recommending that the City Code be amended to provide for use of
the Centemmial Seal on the motor vehicle decal for 1982.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler offered the following emergency Ordinance:
(#25841) AN O~DINANCE to amend and reordain subsection (b) of Section
20-32, Plate, tag or decal - issuance; contents and color of decals, of the Code
of the City of Roanoke (1979), as amended, to provide for the design of the City
decal to be selected by Council; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 123.)
Dr. Butler moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Thomas, Bowles, Butler, Garland, Harvey, Landis
and Mayor Taylor ............................................................. 7.
NAYS: None ........................................................ 0.
REFUSE COLLECTION: The City Manager submitted a written report concurrin
in and reco-~mending a staff report to Council in regard to the installation of a
baler facility to compact refuse into bales, to be constructed on the landfill
site, which is expected to prolong the life of the landfill by ten and one-half
years and represents the most economical and expedient means of mmximizing landfill
capacity for the participating local governments, the City's pro-rata share being
$640,000 payable to the Roanoke Valley Regional Solid Waste Management Board on a
month to month basis on demand.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Landis moved that action on the report be deferred until the regular
meeting of Council on Monday, December 14, 1981. The motion was seconded by Mr.
Thomas and unanimously adopted.
EQUIPMENT-POLICE DEPARTMENT: The City Manager submitted a written
report concurring in a report of the Bid Commlttee reco-~nding that the lowest
responsible bid of Kay Uniform, in the total amount of $16,199.21, for police
uniforms, be accepted.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#25842) AN ORDINANCE providing for the purchase of certain police
uniforms; accepting a certain bid made to the City for furnishing and delivering
such uniforms; rejecting another bid; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 124.)
Mr. Landis moved the adoption of the Ordinance. The motion was seconded
by Dr. Butler and adopted by the following vote:
AYES: Council members Thomas, Bowles, Butler, Garland, Harvey, Landis
and Mayor Taylor .............................................................. 7.
NAYS: None ......................................................... 0.
CITY ATTORNEY:
TREASURER-BONDS: The City Attorney submitted a written report transmit-
ting a Resolution fixing the amount of the official bond for the City Treasurer
and approving the surety thereon, in the amount of $200,000.00, for a term
commencing on January 1, 1982, and ending on December 31, 1985.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(#25843) A RESOLUTION prescribing the amount of the bond of the Treasure
of the City of Roanoke and approving the surety therefor.
(For full text of Resolution, see Resolution Book No. 47, page 124.)
Mrs. Bowles moved the adoption of the Resolution.
seconded by Mr. Thomas and adopted by the following vote:
The motion was
AYES: Council members Thomas, Bowles, Butler, Garland, Harvey, Landis
and Mayor Taylor .............................................................. 7.
NAYS: None ......................................................... O.
ACTION:
ACTION:
ACTION:
TAXES-FUEL 0IL: The City Attorney submitted a written report advising
that at the meeting of Council on Monday, November 9, 1981, Council want un
record in favor of eliminating the City sales tax on energy sources used for
domestic cons-_-ption, such as home heating oil and artificial or propane gas, and
transmitting an Ordinance which will acco~plish this exemption.
(For full text, see report on file in the City Clerk's Office.)
Hr. Harvey meved that the following Ordinance be placed upun its first
reading:
(#25844) AN ORDINANCE amending the Code of the City of Roanoke (1979),
as amended, by enacting new Section 32-140, Exemption of certain energy sources,
to exempt from the City's sales tax certain energy sources used for domestic
consumption; directing that a copy of this ordinance shall be forwarded to the
Virginia Department of Taxation; and providing an effective date for this
ordinance.
The motion was seconded by Mrs. Bowles and adopted by the following
rots:
AYES: Council members Thomas, Bowles, Butler, Garland, Harvey, Landis
and Mayor Taylor ............................................................. 7.
NAYS: None ......................................................... 0.
SALE OF PROPERTY-SCHOOLS-TRAFFIC: The City Attorney submitted a written
report advising that at the meeting of Council on Monday, November 18, 1981,
Council favorably considered a report from the Roanoke City School Board requestin~
that the City accept possession and control of the Jefferson High School parking
lots on the south side of Luck Avenue, S. W., with the School Board retaining
rights to use these lots under certain circumstances, and transmitting a Resolutio~
to accomplish this purpose.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following Resolution:
(#25845) A RESOLUTION accepting the possession and control of the
Jefferson High School parking lots from the School Board of the City of Roanoke.
(For full text of Resolution, see Resolution Book No. 47, page 125.)
Mr. Garland moved the adoption of the Resolution. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Thomas, Bowles, Butler, Garland, Harvey,
Landis and Mayor Taylor ...................................................... 7.
NAYS: None ........................................................ O.
REPORTS OF COD~MITTEES:
LIBRARIES-CENTURY PROJECT: Councilman Landis, Chairman of the committee
appointed by the Mayor to tabulate bids received for construction of Raleigh
Court Branch Library alterations and additions, Century Project No. 13-05,
presented a written report of the co~n, lttee recommending that the proposal of
Thor, Incorporated, in the amount of $134,524.00, be accepted; and that funding
for the project be approved as follows:
"From Public Buildings 1980 Bond Issue
Account No. A08310172602 to Raleigh Court
Library Account No. A0818019165 for con-
struction $ 141,250.00
Funding to be designated as follows:
To Construction Account
Job Contingency Account
$ 134,524.00
. 6,.726.00
$ 141,250.00"
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency budget Ordinance:
(#25846) AN ORDINANCE to amend and reordain certain sections of the
1981-82 Capital Projects Fund Appropriation, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 125.)
Mr. Landis moved the adoption of the Ordinance. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council members Thomas, Bowles, Butler, Garland, Harvey, Landis
and Mayor Taylor ............................................................. 7.
NAYS: None ........................................................ 0.
423
424
ACTION:
ACTION:
ACT ION:
Landis offered the following emergency Ordinance:
(t25847) AN ORDINANCE providing for the implementation of Century
Project 13-05, consisting of certain alterations and additions to the hleigh
Court Branch Library, upon certain terms and conditions, by accepting the lowest
bid mede to the City; authorizing execution of the requisite contract; rejecting
certain other bids; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 126.)
Hr. Landis moved the adoption of the Ordinance. The motion was seconded
by Hr. Harvey and adopted by the following vote:
AYES: Council members Thomas, Bowles, Butler, Garland, Harvey, Landis
and Mayor Taylor ........................................................... 7.
NAYS: None ...................................................... 0.
SEWERS AND STORM DRAINS: Councilman Landis, Chairman of the committee
appointed by the Mayor to tabulate bids received for the Hanover Avenue Storm
Drain Project, presented a written report of the committee recommending that the
proposal of S. C. Rossie & Company, Incorporated, in the amount of $185,190.00,
be accepted; that Council authorize a five per cent contingency for the project;
that Council authorize expenditure of $96,732.88 from the Com~nity Development
Block Grant Storm Drain Account and transfer $97,707.12 from the Bond Storm Drain
Account to a new account to be established by the Director of Finance as the
Hanover Avenue Storm Drain Account, with the funds in the CDBG Storm Drain Account
to be expended before funds are utilized in the new Hanover Avenue Storm Drain
Account.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency budget Ordinance:
(#25848) AN ORDINANCE to amend and reordain certain sections of the
1981-82 Captmal Projects Fund Appropriation, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 126.)
Mr. Landis moved the adoption of the Ordinance. The motion was seconded
by Hr. Garland and adopted by the following vote:
AYES: Council members Thomas, Bowles, Butler, Garland, Harvey, Landis
and Mayor Taylor ............................................................. 7.
NAYS: None .......................................................... 0.
Hr. Landis offered the following emergency Ordinance:
(#25849) AN ORDINANCE providing for the construction of the Hanover
Avenue Storm Drain Project, located in the City, upon certain terms and conditions,
by accepting the lowest bid made to the City; authorizing execution of the requisit
contract; rejecting certain other bids; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 127.)
Mr. Landis moved the adoption of the Ordinance. The motion was seconded
by Hr. Garland and adopted by the following vote:
AYES: Council members Thomas, Bowles, Butler, Garland, Harvey, Landis
and Mayor Taylor ................................................................. 7.
NAYS: None ............................................................ 0.
CELEBRATIONS-SPECIAL PERMITS: A report of the City Planning Commission
recommending that the request of Downtown Roanoke, Incorporated, for the Roanoke
Centennial Co,~tttee, for permission to erect a canopy at 408 South Jefferson
Street for the Roanoke Centennial Information Center be granted, provided that the
canopy and frame are removed by the end of December, 1982, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Hrs. Bowles moved that the following Ordinance be placed upon its first
reading:
(#25850) AN ORDINANCE permitting until December 31, 1982, the encroach-
ment of a canopy to be erected on a building at 408 South Jefferson Street, over
the public sidewalk in front of such building, to a line not greater than two
feet from the adjacent curb line, upon certain terms and conditions.
The motion was seconded by Dr. Butler and adopted by the following
vote:
AYES: Council members Thomas, Bowles, Butler, Garland, Harvey, Landis
and Mayor Taylor ................................................................ 7.
NAYS: None ........................................................... 0.
ACTION:
ACTION:
ACTION:
ACTION:
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
ZONING: Ordinance No. 25823 rezoming 0.318 acre located in the 2700
block of Brandon Avenue, S. W., described as the southerly portion of Lots 16 and
17, Block 5, Lee Hy Gardens, Official Tax No. 1610349, from RS-3, Single Fmmtly
Residential District, to RG-1, General Residential District, having previously
been before the Council for its first reading on Monday, November 9, 1981, read
and adopted on its first reading and laid over, was again before the body, Mr.
Landis offering the following for its second reading and final adoption:
(#25823) AN ORDINANCE to amend Sections 36-3 and 36-4, Code of the
City of Roanoke (1979), as amended, and Sheet No. 161, Sectional 1976 Zone Map,
City of Roanoke, in relation to Zoning.
(For full text of Ordinance, see Ordinance Book No. 47, page 119.)
Mr. Landis moved the adoption of the Ordinance. The motion was seconded
by Mr. Thomas and adopted by the following vote:
AYES: Council members Thomas, Bowles, Butler, Garland, Harvey, Landis
and Mayor Taylor ........................................................... 7.
NAYS: None ...................................................... O.
ZONING: Ordinance No. 25824 rezoning property fronting 380 feet on
Noble Avenue opposite the City of Roanoke Service Center and Fire Station #2,
described as Lots 7 - 13, respectively, Map of Williamson Grove, Official Tax
Nos. 3080322 - 3080328, respectively, containing approximately 1.171 acres, from
IDM, Industrial Development District, to LM, Light Manufacturing District, subject
to certain conditions proffered by the petitioner, having previously been before
the Council for its first reading on Mmnday, November 9, 1981, read and adopted
on its first reading and laid over, was again before the body, Mrs. Bowles offerin
the following for its second reading and final adoption:
(#25824) AN ORDINANCE to mn~nd Sections 36-3 and 36-4, Code of the
City of Roanoke (1979), as amended, and Sheet No. 308, Sectional 1976 Zone Map,
City of Roanoke, in relation to Zoning, subject to certain conditions.
(For full text of Ordinance, see Ordinance Book No. 47, page 119.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Thomas, Bowles, Butler, Garland, Harvey, Landis
and Mayor Taylor ............................................................ 7.
NAYS: None ....................................................... O.
ZONING: Ordinance No. 25825 rezoning a tract of land lying and being
on the northerly side of U. S. Route No. 11, Lee Highway, containing 2.77 acres,
Official Tax No. 5200104, from C-2, General Coum~ercial District, to LM, Light
Manufacturing District, subject to certain conditions proferred by the petitioner,
having previously been before the Council for its first reading on Monday, November
9, 1981, read and adopted on its first reading and laid over, was again before
the body, Dr. Butler offering the following for its second reading and final
adoption:
(#25825) AN ORDINANCE to amend Sections 36-3 and 36-4, Code of the
City of Roanoke (1979), as amended, and Sheet No. 520, Sectional 1976 Zone Map,
City of Roanoke, in relation to Zoning, subject to certain conditions.
(For full text of Ordinance, see Ordinance Book No. 47, page 120.)
Dr. Butler moved the adoption of the Ordinance. The motion was seconded
by Mr. Landis and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis and
Mayor Taylor ............................................................... 6.
NAYS: None ....................................................... 0.
(Council member Thomas abstained from voting because his law firm represents the
petitioner.)
BUDGET-SCHOOLS: Council at its Financial and Planning Session on
Monday, November 18, 1981, having concurred in a request of the Roanoke City
School Board that $29,050.00 be appropriated for the Cooperative Service Project,
Mr. Landis offered the following emergency Ordinance:
(#25851) AN ORDINANCE to amend and reordain certain sections of the
1981-82 Grant Programs Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 127.)
425
426
ACTION:
ACTION:
ACTION:
ATTEST:
Mr. Landis moved the adoption of the Ordinance. The motion was seconded
by Dr. Butler and adopted by the following vote:
AYES: Council members Thomas, Bowles, Butler, Garland, Harvey, Landis
and Mayor Taylor ............................................................ 7.
NAYS: None ..................................................... 0.
MOTIONS A~DMISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEHBERS OF COUNCIL:
ACTS OF ACknOWLEDGEMENT-CELEBRATIONS-CITY GOVERNMENT: The Mayor
presented a co~mnunication advising that during the month of November, the City
Clerk's Office will be accepting nominations for the Citizen of the Year Award
that during the month of December, a screening committee will be reviewing all
nominations submitted and will recommend up to ten names to the City Council for
consideration, and the members of Council will select the Citizen of the Year
from the ten finalists. Mayor Taylor advised that with the concurrence of Council
he would like to appoint the following persons as members of the Screening
Committee: (Mrs.) Anne P. Glenn, Mr. Eldridge W. Chambers, Jr., (Mrs.) Mildred
Prater, Mr. Charles R. Minter, (Mrs.) Laddie C. Fisher, Public Information Officer
and (Mrs.) Mary F. Parker, City Clerk.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Garland moved that Council concur in the com~,,nication. The motion
was seconded by Dr. Butler and unanimously adopted.
OTHER HEARINGS OF CITIZENS: NONE.
At 3:55 p.m., the Mayor declared the meeting recessed.
(From 4:00 p.m. to 5:00 p.m., on this date, Council met with the
Roanoke City School Board to receive a briefing by the City Attorney on the
Legislative Program for 1982.)
At 6:00 p.m., the meeting reconvened in the Council Chmmher, with Mayor
Taylor presiding and all members of the Council present.
HEALTH DEPARTMENT/MENTAL HEALTH: The Mayor advised that there is a
vacancy on the Mental Health Services Board to fill the unexpired term of Mr. E.
Deal Tompkins, resigned, ending December 31, 1982, and called for nominations to
fill the vacancy.
Mr. Thomas placed in nomination the name of Mrs. Harriett M. McClung.
There being no further nominations, Mrs. McClung was elected as a
member of the Mental Health Services Board to fill the unexpired term of Mr. E.
Deal Tompkins, resigned, ending December 31, 1982, by the following vote:
FORM_RS. MCCLUNG: Council members Thomas, Bowles, Butler, Garland,
Harvey, Landis and Mayor Taylor .............................................. 7.
PUBLIC ASSISTANCE: The Mayor advised that the four year terms of Mrs.
JoAnn Tolmie, Mrs. Nancy F. Canova, and Mr. Samuel Stuart as members of the
Advisory Board of Hummn Resources will expire on November 30, 1981, and called
for nominations to fill the vacancies.
Mrs. Bowles placed in nomination the nm~es of Mrs. JoAnn Tolmle, Mrs.
Nancy F. Canova, and Mr. Samuel Stuart.
There being no further nominations, Mrs. Tolmie, Mrs. Canova and Mr.
Stuart were reelected as members of the Advisory Board of Human Resources for a
term of four years each ending November 30, 1985, by the following vote:
FOR MRS. TOLMIE, MRS. CANOVA AND MR. STUART: Council members Thomas,
Bowles, Butler, Garland, Harvey, Landis and Mayor Taylor .................... 7.
There being no further business, the Mayor declared the meeting
adjourned at 6:05 p.m.
APPROVED
City Clerk
Mayor
RF.~ULARWEEKLY BBSSlON ..... ROANOKE CITY COUNCIL
December 7, 1981
2:00 p.m.
The Council of the City of Roanoke ~et in regular ~eeting in the Council Chamber
/n the Hunicipal Building, City of Roanoke, on Honday, December 7, 1981, at 2:00 p.m., the
regular meeting hour, with Mayor Noel C. Taylor presidtn8.
PRESENT: Council members Elizabeth T. Bowles, Wendell H. Butler, Robert A.
Garland, James G. Harvey, II, Charles L. Landis and Hayor Noel C. Taylor ................
ABSENT: Council member H-mptou W. Thomas ..................................... 1.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Hr. W. Robert Herbert, Assistant
City Manager; Mr. Wilburn C. Dibling, Jr., City Attorney; Mr. James D. Grlsso, Deputy
Director of Finance; and Mrs. Mary F. Parker, City Clerk.
The invocation was delivered by the Reverend Michael Hopkins, Pastor, Virginia
Heights Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America was led by
Mayor Taylor.
PROCLAMATIONS: The Mayor presented a proclmm-tion declaring the week of December
4 - 11, 1981, as Human Rights Week in the City of Roanoke and urged all persons to contribut~
to the international observance through increasing awareness and explicit concern of human
rights.
(For full text, see proclamation on file in the City Clerk's Office.)
CONSENT AGENDA:
ACTION:
ACTION:
ACTION:
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the City Council and would be enacted by one motion
in the forms listed on the agenda and if discussion was desired, that item would
be removed from the Consent Agenda and considered separately. He noted that
there was one request for an Executive Session to discuss personnel matters.
MINUTES: Minutes of the regular meeting of Council held on Monday,
November 9, 1981; the special meeting of Council held on Wednesday, November 18,
1981; and the regular meeting of Council held on Monday, November 23, 1981, were
before Council.
(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 Dr. Butler
and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, and
Mayor Taylor .................................................................... 6.
NAYS: None ............................................................ 0.
(Councilman Thomas was absent. )
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the request. The motion
was seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis and
Mayor Taylor ................................................................. 6.
NAYS: None ........................................................ 0.
(Councilman Thomas was absent.)
PENDING ITEMS: A list of items pending from February 7, 1977, through
November 23, 1981, was before Council.
(For full text, see list on file in the City Clerk's Office.)
Mrs. Bowles moved that the list be received and filed. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis and
Mayor Taylor ................................................................... 6.
NAYS: None .......................................................... 0.
(Councilman Thomas was absent.)
427
428
ACTION:
ACTION:
ACTION:
HEALTH DEPARTMENT: The qualification of Mrs. Harriett H. HcClung as a
member of the Mental Health Services Board to fill the unexpired term of Mr. g.
Deal Tompkin8, resigned, ending December 31, 1982, was before Council.
(See Oath 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 Dr. Butler amd adopted by the following vote:
AYES: Coumcil members Bowles, Butler, Garland, Harvey, Landis and
Mayor Taylor ................................................................
NAYS: None ............................................................ 0.
(Counci]mm~ Thomas was absent.)
AIRPORT: The qualification of Mr. Claude N. Smith as a member of the
Airport Advisory Co~mission for a term of four years ending June 30, 1985, was
before Council.
(See Oath 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 Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, and
Mayor Taylor ................................................................... 6.
NAYS: None .......................................................... O.
(Councilman Thomas was absent.)
PUBLIC ASSISTANCE: The qualification of Ms. JoAnn Tolmie and Mr.
Samuel H. Stuart as members of the Advisory Board of Human Resources for terms of
four years each ending November 30, 1985, was before Council.
(See Oath 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 Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis and
Mayor Taylor ................................................................... 6.
NAYS: None .......................................................... O.
(Councilman Thomas was absent.)
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
CITIZENS' TASK FORCE ON CRIME PREVENTION AND SOCIAL DEVELOPMENT: Mr.
George E. Franklin, 1715 Loudon Avenue, N. W., appeared before Council and presente~
a statement in regard to more active and direct participation of the Citizens'
Task Force on Crime Prevention and Social Development. He advised that some
years ago, the Reverend Leroy C. Roberts developed and presented, and Council
approved, the establishment of a Task Force on Crime Prevention and Social Develop-
ment and the Task Force provided the opportunity to present to the City a compre-
hensive program for social and economic development that reflected a very high
degree of individual participation by communities of interest. Mr. Franklin said
that the Task Force could impact the budget-cutting process and problems, and
provide the Roanoke City Government and the communities of interest with a possible
approach to offsetting the financial cuts. He requested that Council consider
reactivating, reappointing, recharging, strengthening and/or directing the Task
Force in such a manner as to have it develop, for the consideration of Council,
a priority of needs list, a program, and a budget, advising that implied in the
request is a review of the membership of the Task Force and direct actions to
insure the presence of members from the communities of needs in sufficient numbers
as to constitute a single majority.
(See statement on file in the City Clerk's Office.)
The Mayor advised that one of the recommendations contained in his 1981
State of the City message was the establishment of a Neighborhood Watch Program
to combat crime in the City, noting that at that time he was aware of the fact
that the Task Force had asked Council if it felt the group should continue and for
that reason, the Mayor said he met with the Chairman of the Task Force and certain
other City officials in an effort to discuss the kind of organization that would
be needed to promote and coordinate the Neighborhood Watch Program. Mayor Taylor
said he is expecting a report from the group sometime during the month of December
and he would forward a copy of Mr. Franklin's remarks to the appropriate committee
for its information.
PETITIONS AND COMMUNICATIONS:
TAXES: Council at its meeting on November 23, 1981, having referred to
the City Manager for report as to sources of funding in connection with a request
of the League of Older Americans to provide new total combined income and net
combined financial worth eligibility levels for the real estate tax exemption
of persons over 65 years of age, a communication from Mr. Bruce Bloodworth,
President, League of Older Americans, suggesting the phasing in of the State's
levels over a period of three years, was before Council.
(For full text, see co.~_,.ication on file in the City Clerk's Office.)
ACTION:
ACTION:
ACTION:
The members of Council expressed appreciation to the retired citizens
for their willin~ness to w~rk with the City in trying to find a way to resolve
the matter.
The City Attorney advised that Section 32-88 of the City Code provides
that persons who file for the elderly exemption are Judged as of December 31 of
each year and they have until June 30 of the following year to file their applica-
tion, and if the application is approved, it becomes effective for the tax calende~
year commpncing July 1. As in the case at hand, Mr. Dibling advised that a
person would be applying as of December 31, 1981, they would have until June 30,
1982, to make the application and any application that would be approved would be
effective commencing July 1, 1982; therefore, there would be no impact on the
1981-82 fiscal year budget.
Following considerable discussion of the matter, Mr. Landis moved that
the City Attorney be requested to prepare the proper measure providing for the
phasing in of the State's income and asset levels over a three year period as
follows, that the retroactive provision of the present Ordinance be deleted, and
that the base year for any exemption will be the tax year during which an eligible
person first qualifies:
For the tax year commencing July 1, 1982, the total combined
income of any owner claiming an exemption as of December 31,
1981, shall not exceed $16,000, and the net combined financial
worth as of December 31, 1981, shall not exceed $58,500;
For the tax year commencing July 1, 1983, the total combined
income of any owner claiming an exemption as of December 31,
1982, shall not exceed $17,000, and the net combined financial
worth as of December 31, 1982, shall not exceed $62,000;
For the tax year commencing July 1, 1984, the total combined
income of any owner claiming an exemption as of December 31,
1983, shall not exceed $18,000, and the net combined financial
worth as of December 31, 1983, shall not exceed $65,000.
The motion was seconded by Mrs. Bowles and adopted.
BUDGET-SCHOOLS: A communication from the Roanoke City School Board
requesting appropriations of $180.00 to CETA Title II-B Geriatric Nursing Program
for 1981-82; $2,362.50 to CETA Title II-B LPN Program, 1980-81; and $562.50 to
CETA Title II-B LPN Program, 1981-82, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
The Director of Finance submitted a written report recommending that
Council concur in the request.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#25852) AN ORDINANCE to amend and reordain certain sections of the
1981-82 Grant Programs Fund Appropriations and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 129.)
Mr. Landis moved the adoption of the Ordinance. The motion was seconded
by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis and
Mayor Taylor ................................................................... 6.
NAYS: None ........................................................ 0.
(Councilman Thomas was absent.)
REPORTS OF OFFICERS:
BRIEFINGS:
PUBLIC ASSISTANCE-GRANTS: At the request of the City Manager, the
Director of Human Resources, appeared before Council and presented a briefing in
regard to federally funded hummm resource block grants, recommending that Council
concur in the position of the Virginia Municipal League and offer any suggestions
the Council feels would be appropriate.
(See report on file in the City Clerk's Office.)
Mr. Garland moved that Council concur in the recommendation. The
motion was seconded by Mr. Landis and adopted.
HOUSING: The City Manager advised that the Virginia Housing Development
Authority has notified the City that it has allocated a total of $924,000 to be
used for low-interest mortgage loans in older neighborhoods of the City, that the
title of this program is the Urban Preservation and Infill Program; that the
loans can be used to buy and make major repairs to a house, to build a new house,
and to buy a house in good condition or needing only minor repairs. Mr. Ewert
advised that the loan would be made at interest rates of 9.35%, 12.5%, or 13.65%
429
4:30
ACTION:
ACTION:
ACTION:
and will be available for nine months; that in the first round of this program,
there were 27 loans for more than $770,000 ~ade over a six month period at 9.35I.
He noted that a recom~endation for acceptance of this allocation will be presented
to Council at its meeting on December 14.
ITEMS REC0~iENDED FOR ACTION:
ACTS OF ACKI~OWLEDGEHENT-WAR HI~iORIAL: T~e City Manager submitted a
written report in connection with a request of the War M~rial Co~m~tttee that
Council grant official approval to the plans for the War Memorial and approve its
location at the east end of Lee Plaza with the understanding that any improvements
to public property will be in ownership of the City of Roanoke; that Council
authorize the proper City officials to enter into an architectural services
contract with Hayes, Seay, Mattern and Mattern, in a form acceptable to the City
Attorney, and in a total compensation not to exceed $20,000; that the City agree
to be the contracting party for the construction; that Council appoint a represents
tive of the War Memorial Committee to the Bid Committee when bids are received;
and that Council initiate the proper proceeding to close as necessary, portions
of Church Avenue and Lee Plaza to accommodate the construction and completed
design features of the proposed War Memorial. The City Manager recommended that
Council authorize the execution of an architectural services contract with Hayes,
Seay, Mattern and Mattern in accordance with the cost limits and categories
contained in the letter from the Committee and in a form acceptable to the City
Attorney; and agree to be the construction contracting party and to appoint a
representative of the War Memorial Co,~tttee to the Bid Committee.
(For full text, see report and letter on file in the City Clerk's Office.)
The Honorable Jack B. Coulter, Chairman of the War Memorial Coi~ii~tttee,
appeared before Council in support of the request of the co,~,tttee.
Mrs. Bowles offered the following emergency Ordinance:
(#25853) AN ORDINANCE granting official Council approval to the plans
for the War Memorial to be constructed at the east end of Lee Plaza; authorizing
the City Manager to enter a contract with Hayes, Seay, Mattern and Mattern to
provide architectural services for the War Memorial; providing that the City
shall enter into a construction contract for the War Memorial Project; agreeing
that a member of the War Memorial Committee shall be appointed to the Bid Committee
for review of construction bids; directing the City Manager to commence the
necessary proceedings to close any portions of Church Avenue, S. W., or Lee Plaza
necessary to accommodate the construction of the War Memorial; and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 129.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, and
Mayor Taylor ................................................................... 6.
NAYS: None .......................................................... 0.
(Councilman Thomas was absent.)
BUDGET-CITY INFORMATION SYSTEMS: The City Manager submitted a written
report in regard to computer upgrade, recommending that Council authorize the
ordering of three additional megabytes of memory, by leasing IBM 4331-2, for an
additional monthly cost of $3,785.00, plus an additional monthly maintenance cost
of $100.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance transferring
$19,425.00 from Contingency Reserve to Equipment Rental, City Information Services,
of the 1981-82 budget:
(#25854) AN ORDINANCE to a~nd and reordain certain sections of the
1981-82 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 130.)
Mr. Landis moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis and
Mayor Taylor ................................................................... 6.
NAYS: None ........................................................... 0.
(Councilman Thomas was absent.)
Mr. Landis offered the following emergency Ordinance:
(#25855) AN ORDINANCE authorizing a certain lease agreement to be
entered into with IBM Corporation to provide three additional megabytes of memory
for the City's computer operation; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 131.)
ACTION:
ACTION:
ACTION:
Mr. Landis moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis and
Mayor Taylor ................................................................. 6.
NAYS: None ...................................................... 0.
(Councilm~ Thomas was absent.)
BUDGET-GRANTS-CETA: The City Manager submitted a written report
recommending the appropriation of $1,550,782.00 of new fiscal year 1982 funds,
$12,216.00 of fiscal year 1981 restored funds, and a certain transfer adjustment
to the proper CETA account.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler offered the following emergency Ordinance:
(#25856) AN ORDINANCE to amend and reordain certain sections of the
1981-82 Fifth District Consortium Fund Appropriation Ordinance, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 131.)
Dr. Butler moved the adoption of the Ordinance. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis and
Mayor Taylor ................................................................. 6.
NAYS: None ........................................................ 0.
(Councilman Thomas was absent.)
REPORTS OF COMMITTEES:
WATER DEPARTMENT: Councilman Charles L. Landis, Chairman of the commftte
appointed by the Mayor to tabulate bids received for the construction of the
Vinton Pumping Station, submitted a written report of the committee recommending
that Council award the contract to Boxley Construction Company conditional upon
approval by the Environmental Protection Agency for federal funding in an amount
equal to a minimum of 75~ of eligible costs of the project based on the low bid of
Boxley Construction Company in the amount of $464,700.00; establish a contingency
for the project in the amount of $56,205.00 or in such amount as is approved by
EPA in the grant amendment to be requested; reject all remaining bids; and authoriz
the City Manager to execute a Grant Amendment and associated instruments when
offered by the Environmental Protection Agency for funds to be used for this
project, authorization to execute to apply only if the amendment offers a minimum
of 75% of eligible costs.
(For full text, see report on file in the City Clerk's Office.)
The City Manager submitted a written report recommending that the report
of the Bid Comittee be approved.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#25857) AN ORDINANCE accepting a certain proposal and awarding a
contract for the construction of the Vinton Pumping Station, upon certain terms
and conditions; authorizing the proper City officials to execute the requisite
construction and grant contracts; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 132.)
Mr. Landis moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis and Mayor
Taylor ......................................................................... 6.
NAYS: None ......................................................... 0.
(Councilman Thomas was absent.)
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
TAXES-FUEL OIL/COAL: Ordinance No. 25844 amending the Code of the City
of Roanoke, 1979, as amended to exempt from the City's sales tax certain energy
sources used for domestic consumption, effective January 1, 1982, having previousl
been before the Council for its first reading on Monday, November 23, 1981, read
and adopted on its first reading and laid over, was again before the body, Dr.
Butler offering the following for its second reading and final adoption:
431
432
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
(#25844) AN ORDINANCE amending the Code of the City of Roanoke (1979),
as amended, by enacting new Section 32-140, Exemption of certain energy sources,
to exempt from the City's sales tax certain energy sources used for domestic
consumption; directing that a copy of this ordinance shall be forwarded to the
Virginia Department of Taxation; and providing an effective date of this ordinRnce.
(For full text of Ordinance, see Ordinance Book No. 47, page 128.)
Dr. Butler moved the adoption of the Ordinance. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis and Mayor
Taylor ......................................................................
NAYS: None ....................................................... O.
(Councilman Thomas was absent.)
A communication from the Chairman of the Roanoke City School Board in
regard to the loss of revenue to the City due to the elimination of the tax, was
before Council.
(For full text, see com-,,nication on file in the City Clerk's Office.)
Mr. Landis moved that the co~unication be received and filed. The
motion was seconded by Dr. Butler and adopted.
CELEBRATIONS-CITY GOVERNMENT-SPECIAL PERMITS: Ordinance No. 25850
permitting until December 31, 1982, the encroachment of a canopy to be erected on
a building at 408 South Jefferson Street, over the public sidewalk in front of
such building, to a line not greater then two feet from the adjacent curb line,
upon certain terms and conditions, having previously been before the Council for
its first reading on Monday, November 23, 1981, read and adopted on its first
reading and laid over, was again before the body, Dr. Butler offering the followin
for its second reading and final adoption:
(#25850) AN ORDINANCE permitting until December 31, 1982, the encroach-
ment of a canopy to be erected on a building at 408 South Jefferson Street, over
the public sidewalk in front of such building, to a line not greater than two feet
from the adjacent curb line, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 47, page 128.)
Dr. Butler moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, and
Mayor Taylor ................................................................... 6.
NAYS: None ........................................................... O.
(Councilman Thomas was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: NONE.
OTHER HEARINGS OF CITIZENS:
COUNCIL: The City Attorney orally requested that Council meet in
Executive Session to discuss a matter of potential litigation.
Mr. Garland moved that Council concur in the request. The motion was
seconded by Mr. Landis and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis and Mayor
Taylor ........................................................................ 6.
NAYS: None ......................................................... 0.
(Councilman Thomas was absent.)
At 3:35 p.m., the Mayor declared the meeting recessed.
At 4:15 p.m., the meeting reconvened in the Council Chamber with Mayor
Taylor presiding and all members of the Council present, with the exception of
Councilman Thomas.
PLANNING: The Mayor called to the attention of Council that the three
year term of Hr. Robert A. Garland as a member of the Fifth Planning District
Commlssion will expire on December 31, 1981, and called for nominations to fill
the vacancy.
Mr. Landis placed in nomination the name of Mr. Robert A. Garland.
There being no further nominations, Hr. Garland was reelected as a
member of the Fifth Planning District Commission for a term of three years ending
December 31, 1984, by the following vote:
ATTEST:
FOR MR. GARLAND: Council members Bowles, Butler, Marvey, l-~udis and
Mayor Taylor ............................................................. 5.
(Councilman Garland abstained from voting. ) (Councilman Thomas was absent. )
There being no further business, the Mayor declared the meeting
at 4:20 p.m.
City Clerk
APPROVED
Mayor
4;33
434
REGULAR WEEKLY SESSION ..... ROAi~OKE CITY COUNCIL
December 14, 1981
7:30 p.m.
The Council of the City of Roanoke ~et in regular meeting in the Council Chamber
in the Municipal Building, City of Roanoke, on Monday, December 14, 1981, at 7:30 p.m., the
regular meeting hour, with Mayor Noel C. Taylor presiding.
PRESENT: Council members Wendell H. Butler, Robert A. Garland, James G. Harvey,
II, Charles L. Landis, Hampton W. Thomas and Mayor Noel C. Taylor ......................... 7.
ABSENT: None ................................................................... 0.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. W. Robert Herbert, Assistant
City Manager; Mr. Wilburn C. Dibling, Jr., City Attorney; Mr. William X Parsons, Assistant
City Attorney; Mr. Joel M. Schlanger, Director of Finance; and Hrs. Mary F. Parker, City
Clerk.
The invocation was delivered by the Reverend Robert A. Fiedler, Pastor, Second
Presbyterian Church.
The Pledge of Allegiance to the Flag of the United States of America was led by
Mayor Taylor.
PUBLIC HEARINGS:
ACTION:
CHARTER: Council having previously instructed the City Clerk to set a
public hearing for Monday, December 14, 1981, at 7:30 p.m., or as soon thereafter
as the matter could be heard, for the purpose of determining whether the citizens
of the City of Roanoke desire that the City request the General Assembly of
Virginia to amend Section 51 of the Roanoke Charter of 1952, as amended, said
proposed amendment would change the rate at which interest is computed on delinquen
taxes and assessments, in cases where City Council requires land, on which the
taxes and assessments constitute a lien, to be sold therefor. Instead of the
current rate of "six per centum per annum," the amendment would authorize interest
"at the maximum rate authorized by general law of this State." Further, the term
"hustings" court would be changed to "circuit" court to modernize the terminology.
Mr. Thomas offered the following Resolution:
(#25858) A RESOLUTION requesting the 1982 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. 47, page 133.)
No one wishing to address the Council concerning the proposed amend-
ment, Mr. Thomas moved the adoption of the Resolution. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor .............................................................. 7.
NAYS: None ........................................................ O.
ZONING: Pursuant to Resolution No. 25523 adopted by the Council on
Monday, April 6, 1981, the City Clerk having set a public hearing for Monday,
December 14, 1981, at 7:30 p.m., or as soon thereafter as the matter could be
heard, on the request of L. S. Waldrop that two tracts of land located on the
south side of Peters Creek Road near Interstate Route 581, one containing 2.299
acres and designated as Official Tax No. 6490814 and the other containing 8.161
acres and designated as Official Tax No. 6490807, be rezened from RS-i, Single-
Family Residential District, to C-i, Office and Institutional District, subject
to certain conditions, the matter was before the body.
Mr. Garland moved that the following Ordinance be placed upon its first
reading:
(#25859) AN ORDINANCE to amend Sections 36-3 and 36-4, Code of the City
of Roanoke (1979), as amended, and Sheet No. 649, Sectional 1976 Zone Map, City
of Roanoke, in relation to Zoning, subject to certain conditions.
A report of the City Planning Commission recommending that the request
be granted, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Daniel F. Layman, Attorney, representing the petitioner, appeared
before Council in support of the request of his client.
No one appearing in opposition to the request for rezoning, the motion
was seconded by Dr. Butler and Ordinance No. 25859 was adopted on its first
reading by the following vote:
ACTION:
ACTION:
ACTION:
AYES: Council members Butler, Garland, ~{arvey, Lamdis, Thomas, Bowles
and Mayor Taylor ............................................................... 7.
NAYS: None ........................................................... O.
ZONING: Pursuant to Resolution No. 25523 adopted by the Cotmcil on
Monday, April 6, 1981, the City Clerk having set a public hearing for Monday,
December 14, 1981, at 7:30 p.m., or as soon thereafter as the matter could be
heard, on the request of Raymond T. Alouf and Douglas L. McCullough that a
16.478 acre tract of land lying on the easterly side of Ogden Road, desi~%ated on
Roanoke City Appraisal Map as Official Tax No. 1400301, be rezoned from RS-i,
Single-Family Residential District, to RG-1, General Residential District, subject
to certain conditions proffered by the petitioner, the matter was before the
body.
Dr. Butler moved that the following Ordinance be placed upon its first
reading:
(#25860) AN ORDINANCE to amend Sections 36-3 amd 36-4, Code of the City
of Roanoke (1979), as amended, and Sheet No. 140, Sectional 1976 Zone Map, City
of Roanoke, in relation to Zoning, subject to certain conditions.
A report of the City Planning Commission recommending that Council
grunt the request, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Jack V. Place, Attorney, representing the petitioners, appeared
before Council in support of the request of his clients.
No one appearing in opposition to the request for rezoning, the motion
was seconded by Mr. Garland and Ordinance No. 25860 was adopted on its first
reading by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor ...................................................................... 7.
NAYS: None ................................................................. 0.
CONSENT AGENDA:
The Mayor advised that all matters listed on the Consent Agenda were considered to be
routine by the City Council and would be enacted by one motion in the forms listed on
the Consent Agenda and if discussion was desired~ that item would be removed from the
Consent Agenda and considered separately. He noted that there were two requests for
Executive Sessions to discuss personnel matters and a contractual matter.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an Executive
Session to discuss personnel matters, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the request. The motion was seconded
by Mr. Thomas and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles and
Mayor Taylor ........................................................................... 7.
NAYS: None .................................................................. 0.
COUNCIL: A communication from Councilman Charles L. Landis requesting an
Executive Session to discuss a contractual matter, was before Council.
(For full text, see comamnication on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the request. The motion was seconded
by Mr. Thomas and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles and
Mayor Taylor ............................................................................ 7.
NAYS: None ................................................................... 0.
RADIO-TELEVISION: A co~nication from Mr. E. K. Mattern, Executive Vice
President, Roanoke Valley Cablevision, Incorporated, submitting a progress report
covering the cablevision system,
"Aerial Plant
Underground Plant
Total
as follows:
413.46 miles
15.82 miles
429.28 miles
Total residences system passes - 34,048
There will be 1.2 miles of aerial construction for the first
quarter of 1982.
The valley wide system has approximately 30,000 active
subscribers."
(For full text, see communication on file in the City Clerk's Office.)
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
Mrs. Bowles moved that the cu~nication be received and filed. The motiom
was eeconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles and
Mayor Taylor ..................................................................... 7.
NAYS: None ............................................................. O.
PUBLIC ASSISTANCE: A report of the City Attorney advising that the Supreme
Court of Virginia has affirmed the trial court's decision tn favor of the Commonwealth
and the City in the case of Fink, et al. v. Ritchie, et al., not~ng that the plaintiffs
sought reimbursement of certain portions of their supplemental security income payments
that were recouped by the City to repay general relief payments made by the City to
Frances Fink and Martha Dooley during the period of time that their applications for
SSI were pending, 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. Thomas and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles and
Mayor Taylor .......................................................................... 7.
NAYS: None ................................................................. 0.
YOUTH SERVICES CITIZEN BOARD: The qualification of Mr. Larry G. Martin to
fill the unexpired term of Mr. Cyril J. Goens, Jr., resigned, ending May 31, 1982, and
the qualification of Ms. Velma B. Self to fill the unexpired term of Mr. Julian R.
Moore, resigned, ending May 31, 1984, as members of the Youth Services Citizen Board,
was before Council.
(See Oaths 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. Thomas and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles and
Mayor Taylor ..........................................................................
NAYS: None ................................................................. 0.
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
POLICE DEPARTMENT: Mr. Gary J. Foutz having previously placed an item on the
agenda to address the Council concerning crime in the Roanoke area, the matter was not
considered inasmuch as Mr. Foutz was not present.
PETITIONS AND COMMUNICATIONS:
HEALTH DEPARTMENT: A communication from Hrs. Mary H. Steinhardt, Chairm-n,
Mental Health Services Board, reco~maending reappointment of Messrs. James R. Austin,
Leo P. Buckley, Jr., and Frank G. Selbe, III, as at large members of the Mental Health
Services of the Roanoke Valley Board of Directors, was before Council.
(For full text, see com~mnication on file in the City Clerk's Office.)
Mr. Thomas moved that the communication be taken under advisement. THe
motion was seconded by Mr. Harvey and unanimously adopted.
RADIO-TELEVISION: A co~m~unication from Mr. E. K. Mattern, Executive Vice
President, Roanoke Valley Cablevision, Incorporated, advising that the monthly charge
for pay services of the valley cablevision system will increase from $8.00 to $9.00,
effective January 1, 1982, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Upon question, the City Attorney advised that after review of the franchise,
he is of the opinion that Council cannot establish a ceiling for this type of service
and the communication was submitted for the information of Council.
Mr. Garland moved that the communication be received and filed. The motion
was seconded by Mr. Landis and unanimously adopted.
Mr. Thomas moved that Mr. Robert A. Garland, Chairman of the Regional Cable
Television Counnittee, be requested to call a meeting of the Committee, which is composed
of representatives from the City of Roanoke, Town of Vinton and Roanoke County, in
January, 1982, for the purpose of reviewing the cable television franchise, with public
input to be encouraged. The motion was seconded by Mr. Garland and unanimously adopted.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
437
ACTION:
ACTION:
ACTION:
IT~{S ~EC0~qA~) FOR ACTION:
HOUSING: The City Manager submitted a written report in regard to the
Virginia Housing Development Authority Urban Preservation and Infill Program,
reco,~,~uding that he be authorized to execute an agreement with V~)A for the
Program, as more fully specified in Altermative A of the report, ~n the areas of
Gainsboro, Gilmer Avenue, Harrison Avenue, Hurt Park, Mountain View, Old Southwest
Belmont, Buena Vista, Melrose Avenue, Norwich, and Fallon Park; that the $160,000
at 9.35I and the $160,000 at 12.5% be reserved Just for new construction and
purchase/rehabilitation only, and the $604,000 at 13.65% be used for new construc-
tion, purchase/rehabilitation, and purchase of houses in good condition; that the
three lending agents from the initial program (First National Exchange Bank,
Colony Savings and Loan, and VNB Mortgage Corporation) share the $320,000 at
9.35% and 12.5% and $180,000 at 13.65%, and that an additional agent be selected
at random to receive the remaining $424,000 at 13.65%.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that Council concur in the reco~aendation. The
motion was seconded by Dr. Butler and unanimously adopted.
The Mayor requested that the City Clerk select at random the fourth
lending agent; whereupon, the City Clerk selected Augusta Mortgage Corporation.
Mr. Garland offered the following Resolution:
(#25861) A RESOLUTION authorizing the City Manager to execute the
Urban Preservation and Infill Program Commitment Agreement with the Virginia
Housing Development Authority, and establishing a plan for the allocation of
funds reserved for use in the City by the Authority.
(For full text of Resolution, see Resolution Book No. 47, page 134.)
Mr. Garland moved the adoption of the Resolution.
seconded by Dr. Butler and adopted by the following vote:
The motion was
AYES: Council members Butler, Garland, Landis, Thomas, Bowles and
Mayor Taylor ................................................................. 6.
NAYS: None ....................................................... 0.
(Council member Harvey abstained from voting.)
LEGISLATION-JUVENILE AND DOMESTIC RELATIONS DISTRICT COURT: The City
Manager submitted a written report in regard to State Department of Corrections
failure to provide reasonable cost of living increases for state controlled but
locally administered programs for the Juvenile Home, Outreach Detention, Juvenile
Probation House and Crisis Intervention Center, recommending that Council adopt a
Resolution requesting State Board of Corrections approval of the 1981-82 salary
ranges for personnel positions in the Juvenile Detention Home, Outreach Detention,
Juvenile Probation House, and Crisis Intervention Center; that the State Board of
Corrections provide for a reasonable cost of living increase in salary ranges on
July 1, 1982, and annually thereafter until adequate scales are approved; that
the General Assembly appropriate sufficient funds to reimburse the several locali-
ties for salaries of employees in programs the localities operate for the Virginia
Department of Corrections; that Council direct the City Clerk to forward the
Resolution and copies of the reports to the State Board of Corrections with the
request that the Resolution be heard at the Board meeting on January 12, 1982,
to the Director of the Department of Corrections, through Eleanor Dye, Regional
Manager for Local Facilities, to several localities which operate similar programs
for the Virginia Department of Corrections, and to members of the General Assembly
who represent the City of Roanoke. St was also recommended that representatives
from the City of Roanoke be permitted to attend the State Board of Corrections
meeting on January 12, 1982.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Harvey offered the following Resolution:
(#25862) A RESOLUTION requesting the State Board of Corrections to
revise the outdated salary ranges permitted for certain City personnel whose
salaries are partially funded by the Commonwealth, and urging the General Assembly
of Virginia to appropriate the funds necessary to implement the revised salary
ranges.
(For full text of Resolution, see Resolution Book No. 47, page 134.)
Mr. Harvey moved the adoption of the Resolution. The motion was seconded
by Mr. Landis and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor ................................................................ 7.
NAYS: None ........................................................... 0.
BUDGET-POLICE DEPARTMENT: The City Manager submitted a written report
in regard to crime prevention/control, recommending the addition of ten police
officers to expand efforts in crime prevention and crime investigation and that
the recommendation be referred to 1982-83 budget study.
(For full text, see report on file in the City Clerk's Office.)
438
ACTION:
ACTION:
ACTION:
ACTION:
Mr. M. David Hooper, Superintendent of Police, presented a briefing on
the matter.
Following considerable discussion as to whether or not the recommenda-
tion should be implemented now as opposed to referring it to 1982-83 budget
study, Mr. Garland moved that the report be referred to the December 21, 1981,
Financial and Planning Session of Council. The motion was seconded by Mr. Landis
and unanimously adopted.
BUDGET-POLICE DEPARTMENT-CITIZENS' SERVICES COI~4ITTEE-ROANOKE
NEIGflBORMOOD ALLIANCE: The City Manager submitted a written report in regard to
a request of the Roanoke Neighborhood Alliance, recommending that the funding
request, in the amount of $41,000, be referred to the Citizens' Services Committee
that Council refer the request to be included in the fiscal year 1982-83 budget,
and all similar requests of other community service agencies, to the Citizens'
Services Comittee; and that Council refer review of all endorsement requests to
the Local Option Study Committee for comprehensive review.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Abdul M. Shakir, Executive Director, Roanoke Neighborhood Alliance,
appeared before Council and presented a co~a~unication from Mr. Frederick Brown,
Chairman, RNA Board of Directors, transmitting a summmry of work plan, budget
request and an outline of in kind contributions that the Roanoke Neighborhood
Alliance will utilize, noting that the initial request was for $41,000 for nine
months; however, the modified request is for $11,000 for six and one-half months.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Joseph M. Jennings, Jr., Vice President of the Southeast Neighbor-
hood Alliance, appeared before Council and addressed crime prevention efforts at
the Jamestown housing development.
Mr. Thomas moved that the report of the City Manager be referred to the
December 21, 1981, Financial and Planning Session of Council. The motion was
seconded by Dr. Butler and unanimously adopted.
BUSES-SPECIAL PERMITS: The City Manager submitted a written report in
regard to the application of R.I.D.E., Incorporated, for a Certificate of Public
Convenience and Necessity to offer scheduled and charter vehicular transportation
to the working public, senior citizens and other groups within, to and/or from
the corporate limits of the City, recommending that Council issue a certificate
of public convenience and necessity to operate a van service by taking certain
actions as more fully set forth in the report.
(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:
(#25868) AN ORDINANCE amending and reordaining Section 34-58,
Definitions, to provide for a definition of van service vehicle; Section 34-61,
Compliance with article as prerequisite to use of certain advertising, trade
names, etc., to regulate use of the term "van service vehicle;" Section 34-73,
Violations of sections 34-67 through 34-72 or 34-80, to provide that violation of
the requirements for operation of a van service vehicle shall be a misdemeanor;
Section 34-74, Refusal of passengers, and Section 34-75, Carrying additional
passengers, to exempt van service vehicles; adding new Section 34-80, Operation
of van service vehicle, to provide for regulation of such vehicles; repealing
Section 34-112, Applicant must be owner of vehicle or employee of such owner, to
delete the requirement that all public vehicles must be owned by the applicant
for a public vehicle license or an employee of such owner; and amending and
reordaining Section 34-130, Rate schedule, by adding new subsection (h) to provide
that a schedule of rates for van service be filed with the City Manager and
subject to review by City Council; Section 19-50, Taxicabs, van service vehicles
and other for-hire passenger motor vehicles, to provide for the payment of a
monthly license tax by operators of van service vehicles; and Section 20-32,
Plate, tag or decal - issuance; contents and color of decals, to provide that van
service vehicles shall not be eligible for licenses of the decal type, all such
sections being contained in the Code of the City of Roanoke (1979), as amended.
(For full text of Ordinance, see Ordinance Book No. 47, page 139.)
The motion was seconded by Mr. Thomas and adopted by the following
vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor ................................................................. 7
NAYS: None ............................................................ 0.
Mr. Harvey moved that the following Ordinance be placed upon its first
reading:
(#25863) AN ORDINANCE granting a certificate of public convenience and
necessity to Lewis Willis Hopkins t/a R.I.D.E. for the operation of van service
vehicles.
(For full text of Ordinance, see Ordinance Book No. 47, page 139.)
ACTION:
The motion was seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor ............................................................ 7.
NAYS: None ........................................................ 0.
CITer ATTORNEY:
TAXES: The City Attorney submitted a w~ltten report in regard to
license taxation on peddlers and itinerant merchants, transmitting an Ordinance
which would render the City license tax code consistent with a recent amendment
to State law, changing the way in which itinerant merchants and peddlers are
taxed. Mr. Dibling noted that the State enabling legislation for local license
taxation now generally provides for a license tax ceiling of $50.00 per year on
the taxation of itinerant merchants and peddlers, except for dealers in precious
metals and wholesale peddlers, that dealers in precious metals continue to be
subject to current retail or wholesale rates set out in the license tax code and
wholesale peddlers continue to be taxed at the wholesale merchant rate. He furthe~
noted that the current Ordinance taxes retail peddlers and itinerant merchants at
the retail rate of $40, plus $.40 per $100 of gross receipts per year (Section
19-45, Code), that new section 19-81.1, Code, set out in the proposed Ordinance,
would establish a $50.00 yearly license tax rate for retail peddlers and itinerant
merchants. The City Attorney reco~mnended that Council review the Ordinance and
chat the appropriate City official be authorized to set a public hearing on this
matter on Monday, January 11, 1982, at 7:30 p.m.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis moved that Council hold a public hearing on the matter on
Monday, January 11, 1982, at 7:30 p.m., or as soon thereafter as the matter may
be heard, in the City Council Chamber. The motion was seconded by Mr. Garland
and unanimously adopted.
DIRECTOR OF FINANCE:
DIRECTOR OF FINANCE-TAXES-CITY EMPLOYEES-CONSULTANTS' REPORTS/STUDIES:
The Director of Finance submitted a written report in regard to Social Security
refunds to employees and the City for sick pay, transmitting the following
recommendations:
In order to properly distribute these checks and have
the necessary internal controls, it is recommended
that a special checking account be established in the
office of the City Treasurer for this purpose. The
Municipal Auditor concurs in this approach.
The City Treasurer's Office should be co--ended for
agreeing to accept the responsibility of preparing the
refund checks. Without his office's assistance, it is
doubtful that the checks could have been prepared be-
fore Christmas.
Establish a liability account in the amount of $107,816.12.
This is the amount to be refunded to the employees
through the special checking account.
Establish a liability account in the amount of $43,332.68
for the amount to be held in escrow for employees until
final settlement is received for the period January i,
1979 - June 30, 1980.
5. Approve the following revenue and appropriation changes
to the FY82 General Fund budget:
Revenue Estimate:
FICA reimbursements (R01091040)
$150~823.85
Appropriations:
MICA - FICA recovery contract
(A01914099921)
45,411.92
Capital Contingency Reserve
(A01941090001)
105,411.93
$150~823.85
The Director of Finance advised that the $45,411.92 will be paid to MICA per the
contract. He further recommended Chat the employer's share of $105,411.93 be
placed in the Capital Contingency Reserve Account until such time as it is determi
that revenue projections and expenditures will be on target for the balance of
the fiscal year.
(For full text, see report on file in the City Clerk's Office.)
439
ACTION: Mr. Landis moved that Council concur in the recommendations. The
motion was seconded by Mrs. Bowies and unanimously adopted.
44O
ACTION:
ACTION:
ACTION:
Mr. Landis offered the following emergency Ordinance:
(#25864) AN ORDINANCE to amend and reordain certain sections of the
1981-82 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 135.)
Mr. Landis m~ved the adoption of the Ordinance. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Lamdis, Thomas, Bowles
and Mayor Taylor ............................................................. 7.
NAYS: None ......................................................... 0.
REPORTS OF COFAMITTEES:
TAXES-WATER DEPARTMENT-SEWERS AND STOF~4 DRAINS-AIRPORT: Counci]m~u
Hampton W. Thomas, Chair,~- of the Water Resources Co~ittee, submitted a written
report of the co-,,lttee, reco~ending certain reductions in payment-in-lieu of
taxes for fiscal year 1982-83, as follows:
Department From T__q
Water $750,000 $500,000
Sewage 104,000 52,000
Airport 109,282 52,000
and that further reductions be considered during future budget deliberations with
the intent to completely phase out the concept of payment-in-lieu of taxes after
fiscal year 1986-87.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas moved that Council concur in the recommendation. The motion
was seconded by Mr. Landis and unanimously adopted.
At 9:30 p.m., the Mayor declared the meeting recessed.
At 9:50 p.m., the meeting reconvened in the Council Chamber, with Mayor
Taylor presiding and all members of the Council present.
UNFINISHED BUSINESS:
BUDGET: Council at its meeting on Monday, November 23, 1981, having
deferred action on a report of the City Manager in regard to appropriation of
fiscal year 1981 undesignated fund balance, the matter was again before the body.
The City Manager resubmitted his report under date of November 23,
1981, recommending that Council review a recommended appropriation list and make
such modifications as it deems appropriate; and that Council appropriate the
remaining balance of $1,745,723 of the fiscal year 1981 undesignated fund balance.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance appropriating the
remaining undesignated fund balance of $1,745,723 as recommended by the City
Manager:
(#25865) AN ORDINANCE to amend and reordain certain sections of the
1981-82 General Fund and Capital Projects Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 135.)
Mr. Landis moved the adoption of the Ordinance. The motion was seconded
by Mr. Thomas and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor ............................................................ 7.
NAYS: None ....................................................... O.
REFUSE COLLECTION: Council at its meeting on Monday, November 23,
1981, having deferred action on a report of the City Manager recommending support,
by a Resolution of intent, for the installation and operation of a baler facility
on the present regional landfill site, the matter was again before the body.
The City Manager resubmitted his November 23, 1981 report to the
Council, concurring in a staff report under date of October 30, 1981.
(For full text, see reports on file in the City Clerk's Office.)
A communication from Mr. James E. Jones, Chairman, Roanoke Valley
Industrial Fact Finding Commission, in support of the recommendation, was
before Council.
(For full text, see co~nication on file in the City Clerk's Office.)
44I
ACTION:
ACTION:
ACTION:
ATTEST:
Mr. D. L. Woodson, Solid Waste Disposal Manager, presented a film on the baler
facility operation.
Mr. Harvey offered the following ~solutton:
(125866) A RESOLUTION approv/ng the plan that the Roanoke Valley Regional
Solid Waste Management Board design and construct a baler facility at the Roanoke
Valley Regional Landfill and recom,,ending this plan to other participating local
governments.
(For full text of Resolution, see Resolution Book No. 47, page 136.)
Mr. Harvey moved the adoption of the Resolution. The motion was seconded
by Dr. Butler and adopted by the following vote:
AYES: ~ouncil members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor ...................................................................
NAYS: None .............................................................. O.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE,
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
CITY EMPLOYEES: Dr. Butler offered the following Resolution establishing
Thursday, December 24, 1981, as a half day holiday for certain employees of the City of
Roanoke for this calendar year only:
(#25867) A RESOLUTION establishing Thursday, December 24, 1981, as a half day
holiday for certain employees for this calendar year only.
(For full text of Resolution, see Resolution Book No. 47, page 137.)
Dr. Butler moved the adoption of the Resolution. The motion was seconded
by Mr, Thomas and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles and
Mayor Taylor ......................................................................... 7.
NAYS: None ................................................................ 0.
OTHER HEARINGS OF CITIZENS: NONE.
At 10:20 p.m., the Mayor declared the meeting recessed.
At 11:10 p.m., the meeting reconvened in the Council Chamber, with Mayor
Taylor presiding and all members of the Council present.
ROANOKE NEIGHBORHOOD PARTNERSHIP PROGRAM: The Mayor called to the attention
of Council that there is a vacancy on the Steering Committee of the Roanoke Neighborhood
Partnership created by the resignation of Michael K. Smeltzer, and called for nominations
to fill the vacancy.
Mr. Harvey placed in nomination the name of Mr. J. Granger Macfarlane.
There being no further nominations, Mr. Macfarlane was elected as a member of
the Steering Com~ittee of the Roanoke Neighborhood Partnership by the following vote:
FOR MR. MACFARLANE: Council members Butler, Garland, Harvey, Landis, Thomas,
Bowles and Mayor Taylor .......................................................... 7.
There being no further business, the Mayor declared the meeting adjourned at
11:12 p.m.
APPROVED
City Clerk
Mayor
RF~ULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL
December 28, 1981
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the Council Chamber in the
~unicipal Building, City of Roanoke, un Honday, December 28, 1981, at 2:00 p.m., the regular
meeting hour, with Hayor Noel C. Taylor presiding.
PP~SENT: Council members Robert A. Garland, James G. Harvey, II, Charles L. Landis,
Hampton W. Thomas and Mayor Noel C. Taylor ................................................... 5.
ABSENT: Council members Elizabeth T. Bowles and Wendell H. Butler ................. 2.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. W. Robert Herbert, Assistant City
Manager; Mr. Wilburn C. Dibling, Jr., City Attorney; Mr. Richard B. Kaufman, Assistant City Attorney;
Mr. Joel M. Schlanger, Director of Finance; and Mrs. Mary F. Parker, City Clerk.
The invocation was delivered by the Reverend Jimmie R. Hollandsworth, Pastor, Church of
the Living Way.
Taylor.
The Pledge of Allegiance to the Flag of the United States of America was led by Mayor
BID OPENINGS:
WAR M~MORIAL: Pursuant to notice of advertisement for bids for the Roanoke
Valley War Memorial, City of Roanoke Project No. 20-18A, said proposals to be received
by the City Clerk until 4:30 p.m., Wednesday, December 23, 1981, and to be held, opened
and read before the Council at 2:00 p.m., on M~nday, December 28, 1981, or as soon
thereafter as the matter could be heard, the Mayor asked if anyone had any questions
about the advertisement for bids and no representative present raising any question,
the ltayor instructed the City Clerk to proceed with the opening of the bids; whereupon,
the City Clerk opened and read the following bids:
Name Base Bid Alt. 1 Alt. 2 Alt. 3
Acorn Construction, Ltd.
Avis Construction Co., Inc.
Boxley Construction Company
Construction Services of
Roanoke, Inc. 288,267
S. Lewis Lionberger 252,252
H. A. Lucas and Sons, Inc. 312,900
Thor, Inc. 259,400
Watts and Breakell 278,700
New River Controls, Inc. 266,043
$276,600 -108,000 -3,200 -1,700
263,900 -104,800 -2,000 -1,700
284,263 -124,388 -3,620 -1,813
-124,682 -3,100 -1,500
- 78,237 -1,938 -2,000
- 79,600 -2,300 -1,725
-106,000 -3,100 -1,750
-139,000 -3,400 -1,900
- 81,160 -2,023 -8,100
ACTION:
ACTION:
Mr. Thomas moved that the bids be referred to a committee to be appointed by
the Mayor for tabulation, report and recommendation to Council. The motion was seconded
by Mr. Harvey and adopted.
The Mayor advised that the City Clerk made reference to a number of notations
on the outside of the bid envelopes, and inquired of the City Attorney if this is
considered to be a legal part of the bid; whereupon, the City Attorney responded that
to the best of his knowledge, this is a legitimate practice, however, he will review
the matter further to make certain it is within the letter of the law.
The Mayor appointed Mr. Charles L. Landis, Chairman, the Honorable Jack B.
Coulter and Mr. Thomas F. Brady as members of the committee.
SEWERS AND STORM DRAINS: Pursuant to notice of advertisement for bids for
bond issue storm drain project - Carver Avenue Storm Drain, said proposals to be
received by the City Clerk until 4:30 p.m., Wednesday, December 21, 1981, and to be
held, opened and read before the Council at 2:00 p.m., on Monday, December 28, 1981, the
Mayor asked if anyone had any questions about the advertisement for bids and no repre-
sentative 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:
Y~llins and Jones, Incorporated - $ 164
J. P. Turner & Brothers, Incorporated - 175
Branch and Associates, Incorporated - 176
E. C. Pace Company, Incorporated - 179
Plecker Construction Company - 185
New River Controls, Incorporated 192
Laramore Construction Company, Incorporated - 194
E. F. Blankenship Company 195
Marshall Construction Company, Incorporated - 200
Prillam-_n & Pace, Incorporated - 206
Robertson Construction Company, Incorporated - 208
Wiley N. Jackson Company 214
Stamte E. Lyttle Company, Incorporated 214
F. L. Showalter, Incorporated 217
A. B. Burton Company, Incorporated 220
Robertson-Fowler Company - 222
S. C. Rossi & Company, Incorporated 233
,463.25
374.00
680.00
178.00
350.20
854.00
,208.56
450.00
,447.38
057.00
791.00
213.50
257.40
430.00
381.75
775.00
696.00
Mr. Thomas moved that the bids be referred to a co~ittee to be appointed
by the Mayor for tabulation, report and recommendation to Council. The motion was
seconded by Mr. Landis and adopted.
The Mayor appointed Messrs. Charles L. Landis, Chairman, Thomas F.
Brady and Richard B. Burrow as members of the committee.
CONSENT AGENDA:
ACTION:
ACTION:
ACTION:
TheMayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Council and would be enacted by one motion in the
forms listed on the Consent Agenda, and if discussion was desired that item would
be removed from the Consent Agenda and considered separately. Ne noted thac Mrs.
Bowles had placed an item on the Consent Agenda requesting an Executive Session
to discuss a personnel matter, that inasmuch as Mrs. Bowles is absent, he would
like to remove that request from the agenda and substitute a request for an
Executive Session to discuss an item relating to the terms and conditions of a
contract. The Mayor further advised that he had requested an Executive Session
to discuss a personnel matter concerning vacancies on the various authorities,
boards, co-missions and committees appointed by Council, and the Director of
Finance had requested an Executive Session to discuss a personnel matter.
MINUTES: Minutes of the regular meeting of Council held on Monday,
December 7, 1981, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Garland moved that Council dispense with the reading of the minutes
and that they be approved as recorded. The motion was seconded by Mr. Thomas and
adopted by the following vote:
AYES: Council members Garland, Harvey, Landis, Thomas and Mayor
Taylor ...................................................................... 5.
NAYS: None ....................................................... O.
(Council members Bowles and Butler were absent.)
COUNCIL: A communication from Mayor Taylor requesting an Executive
Session to discuss a personnel matter, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Garland moved that Council concur in the request. The motion was
seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Garland, Harvey, Landis, Thomas and Mayor
Taylor .................................................................... 5.
NAYS: None ...................................................... 0.
(Council members Bowles and Butler were absent.)
COUNCIL: The Mayor orally requested an Executive Session to discuss
the terms and conditions of a contract.
Mr. Garland moved that Council concur in the request. The motion was
seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Garland, Harvey, Landis, Thomas, and Mayor
Taylor ..................................................................... 5.
NAYS: None ...................................................... O.
(Council members Bowles and Butler were absent.)
COUNCIL: A report of the Director of Finance requesting an Executive
Session to discuss a personnel matter, was before Council.
(For full text, see report on file in the City Clerk's Office.)
443
ACTION:
ACTION:
ACTION:
ACTION:
Mr. Garland moved that Council concur in the request. The motion was
seconded by Hr. Thomas and adopted by the follo~ing vote:
AYES: Council members Garlamd, Harvey, Landis, Thomas and Mayor
Taylor ....................................................................... 5.
NAYS: None ......................................................... O.
(Council members Bowles and Butler were absent.)
At 2:30 p.m., the Mayor declared the meeting recessed.
At 2:45 p.m., the meeting reconvened in the Council Chamber with Mayor
Taylor presiding and all members of the Council present, with the exception of
Council members Bowles and Butler.
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
BUDGET-DONATIONS-CELEBRATIONS-FLAGS: Mr. James Robertson, Cope Director
Roanoke United Central Labor Council, appeared before Council and requested funds
to purchase new flags for downtown Roanoke, and that the City assist the Labor
Council in maintaining a contingency fund to replace worn flags when needed.
Mr. Robertson advised that approximately 50 flags and 24 staffs are needed,
at a cost of approximately $1,300.00.
(See written material on file in the City Clerk's Office.)
Mr. Thomas moved that the request be referred to the City Manager for
study and report to Council at its regular meeting on Monday, January 11, 1982.
The motion was seconded by Mr. Garland and adopted.
PARKS AND PLAYGROUNDS: A petition signed by approximately 64 residents
of southeast Roanoke requesting construction of a basketball court in the park
behind the 400 block of Arbor Avenue, S. E., and the installation of a fence to
prevent cars from going through the park, was before Council.
(For full text, see petition on file in the City Clerk's Office.)
Mr. Landis moved that the petition be referred to the City Manager for
study and report to Council. The motion was seconded by Mr. Harvey and adopted.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A co~mmication from the Roanoke City School Board
requesting the following appropriations and transfers:
$16,300 for the ESAA Special Arts Program, all expenditures
to be reimbursed from federal funds
$41,186 for Title I¥-B Library Materials, with all expendi-
tures to be reimbursed from federal funds
$102,000 transferred from various accounts into teachers'
salaries,
was before Council.
(For full text, see communication on file in the City Clerk's Office.)
In this connection, a report of the Director of Finance recommending
that Council concur in the request, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#25869) AN ORDINANCE to amend and reordain certain sections of the
1981-82 Grant Programs Fund and General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 141.)
Mr. Landis moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Garland, Harvey, Landis, Thomas and Mayor
Taylor ........................................................................ 5.
NAYS: None ......................................................... 0.
(Council members Bowles and Butler were absent.)
445
ACTION:
BUDGET-GIL~NTS-HOUSING: A communication from Mr. Herbert D. McBride,
Executive Director, City of Roanoke Redevelopment and Housing Authority, advising
of a program developed with certain lending institutions whereby $900,000 will be
provided to be loaned by the Authority to homeowners in all Conservation and
Redevelopment Areas, and requesting that $90,000 be made available to establish a
loan loss reserve, was before Council.
(For full text, see co~,nication on file in the City Clerk's Office,)
In this connection, the City Manager submitted a written report
ing that he be authorized to submit a lump-sum draw down request asking the
approval of the Department of Rousing and Urban Development to allocate $90,000
in Community Development Block Grant funds in an interest-bearing bank account to
act as a default fund for the City of Roanoke Redevelopment and Housing Authority's
housing loan program, the City Manager's submittal will be subject to approval of
the lump-sum draw down agreement by the City Attorney and the Director of Finance;
and that Council authorize the transfer of $90,000 from the Urban Homesteading
Account to an account to be established by the Director of Finance for the Redevel-
opment and Housing Authority's loan program, such funds to be spent only if HUD
approval of the lump-sum draw-down is received.
(For full text, see report on file in the City Clerk's Office.)
There was question as to whether or not Councilman Harvey could vote on
the matter inasmuch as he owns a house that may be sold under the loan program,
and in order for the Ordinance to pass as an emergency measure, it would require
the affirmative vote of five members of the Council. The Assistant City Attorney
requested that Council delay action on the matter until the end of the Council
meeting in order that the question could be properly addressed. (See page 451.)
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOI~tENDED FOR ACTION:
BUDGET-AIRPORT: The City Manager submitted a written report recommend-
ing authorization to execute Change Order No. 15 to the contract with John A.
Hall & Company, Incorporated, for construction of Air Carrier Apron ADAP Project
No. 6-51-0045-i0, at Roanoke Municipal Airport, Woodrum Field, in the amount of
$3,850.24; also a Supplemental Agreement to the engineering contract with Hayes,
Seay, Mattern and Mattern, in the amount of $17,000.00, and that fends be appropri-
ated therefor.
(For full text, see report on file in the City Clerk's Office.)
A communication from Councilman Landis advising that he has reviewed in
detail the report with the administrative staff and this involvement stems from
his responsibilities to Council on bid contractual matters, noting primary featuref
of this situation as follows:
Contingencies are not allowed in grant requests for FAA
contracts. This means that unless there are offsetting
underruns that any overruns will result in the grant
amount being exceeded.
The number and total value of all change orders are small
compared to the scale of the project.
Grant amendments, up to 10%, can be requested if there is
a viable grant program and if all entitlement grant funds
are not otherwise obligated. Congress has not approved
re-enactment of the FAA funding program as yet. When this
funding program is re-enacted, the City's funding needs for
the runway extension will take priority.
A future reimbursement request will be made to FAA once the
City has unobligated entitlement funds assuming the re-
enactment of the FAA funding program will permit this pro-
cedure.
Mr. Landis noted that he concurs in the City Manager's recommendations.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance transferring
$38,298.89 from Retained Earnings - Unrestricted to A.D.A.P. Project No. 651004510.
Capital Outlay, of the 1981-82 Airport Fund Appropriation Ordinance:
(#25870) AN ORDINANCE to amend and reordain certain sections of the
1981-82 Airport Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 142.)
Mr. Landis moved the adoption of the Ordinance. The motion was seconded
by Mr. Harvey and adopted by the following vote:
446
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
AYES: Council members Garland, Harvey, Landis, Thomas and Mayor
Taylor ...................................................................... 5.
NAYS: None ........................................................ 0.
(Council members Bowles and Butler were absent.)
Mr. Landis offered the following emergency Ordinance approving issuance
of the change order:
(#25871) AN ORDINANCE approving the City Manager's issuance of Change
Order No. 15 to the City's contract with John A. Hall & Company, Inc., for air
carrier apron improvements at Roanoke Municipal Airport, Woodrum Field;
guidelines for funding certain aspects of this project; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 143.)
Mr. Landis moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Garland, Harvey, Landis, Thomas and Mayor
Taylor ..................................................................... 5.
NAYS: None ....................................................... O.
(Council members Bowles and Butler were absent.)
Mr. Landis offered the following emergency Ordinance approving execution
of the supplemental agreement with Hayes, Seay, Mattern and Mattern:
(#25872) AN ORDINANCE approving the City Manager's execution of a
supplemental agreement with Hayes, Seay, Mattern and Mattern for the design of
and project management with respect to the air carrier apron improvements at
Roanoke Municipal Airport, Woodrum Field; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 143.)
Hr. Landis moved the adoption of the Ordinance. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council members Garland, Harvey, Landis, Thomas and Mayor
NAYS: None
(Council members Bowles and Butler were absent.)
Mr. Garland moved that Mr. Landis' co~uunication be received and filed.
The motion was seconded by Hr. Harvey and adopted.
BUDGET-WATER DEPARTMENT: The City Manager submitted a written report
reconunending authorization for the acquisition of approximately two million
gallons per day of water from the City of Salem under certain circumstances, and
that $64,000 be appropriated therefor.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas offered the following emergency Ordinance transferring
$64,000.00 from Retained Earnings-Unrestricted to Contractual Services, Water
Purification, of the 1981-82 Water Fund Appropriation Ordinance:
(#25873) AN ORDINANCE to amend and reordain certain sections of the
1981-82 Water Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 144.)
Mr. Thomas moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Garland, Harvey, Landis, Thomas, and Mayor
Taylor ........................................................................ 5.
NAYS: None ......................................................... 0.
(Council members Bowles and Butler were absent.)
Mr. Thomas offered the following emergency Ordinance:
(#25874) AN ORDINANCE authorizing the extension of the plan to purchase
on a temporary basis water from the City of Salem to augment the City of Roanoke's
water supplies; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 144.)
Mr. Thomas moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Garland, Harvey, Landis, Thomas and Mayor
Taylor ....................................................................... 5.
NAYS: None ......................................................... 0.
(Council members Bowles and Butler were absent.)
ACTION:
ACTION:
ACTION:
ACTION:
SEWERS AND STOP~M DRAII/S-EQUIPMENT: The City Manager submitted a written
report concurring in a report of the Bid Co~ttee recommending that the bid of
Kappe Associates to supply one new Model 36-A co~mtnator drum for the Sewage
Treatment Plant, in the amount of $29,052.61, be accepted.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#25875) AN ORDINANCE providing for the purchase of one comminutor
drum for use by the City's Sewage Treatment Plant, upon certain terms and conditio~
by accepting a certain bid made to the City for furnishing such equipment; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 145.)
Mr. Landis moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Garland, Harvey, Landis, Thomas and Mayor
Taylor ...................................................................... 5.
NAYS: None ....................................................... 0.
(Council members Bowles and Butler were absent.)
JUVENILE AND DOMESTIC RELATIONS DISTRICT COURT: The City Manager
submitted a written report in regard to the transfer of the Juvenile and Domestic
Relations District Court Service Unit to the State Department of Corrections,
effective July 1, 1982, noting that the Court Service Unit would become part of
the Regional Court Service Unit for Judicial District 23, with local cost savings
of approximately $282,548 resulting in fiscal year 1982-83 and increasing by
approximately ten per cent each year; recommending that Council adopt a Resolution
requesting aid from local representatives to the General Assembly for appropriation
of additional State funds required for the transfer to become effective July 1,
1982.
(For full text, see reports on file in the City Clerk's Office.)
Inasmuch as two members of Council were absent, Mr. Harvey moved that
action on the matter be delayed until the regular meeting of Council on Monday,
January 4, 1982. The motion was seconded by Mr. Thomas and adopted.
Council requested that the administration furnish additional information
relative to the position of the 3uvenile Court Judges on the transfer, experience
of other localities that have transferred units to the State, view of the staff,
and advantages and disadvantages.
CITY ATTORNEY:
TAXES: In accordance with the instructions of Council, the City Attorne
submitted a written report transmitting an Ordinance which will amend the City
Code to provide new total combined income and net combined financial worth eligi-
bility levels for the real estate tax exemption for persons over sixty-five years
of age or permmnently and totally disabled persons, noting that the Ordinance
also provides that the base year for any exemption shall be the tax year during
which an eligible person first qualifies. Mr. Dibling advised that in order to
obtain an exemption, the applicant must file an affidavit by the 30th of June
next following, and any exemption granted applies to the fiscal tax collection
year commencing July 1 thereafter. He said the new standards will provide that,
for the fiscal tax collection year commencing July 1, 1982, the total combined
income and the net combined financial worth as of December 31, 1981, shall not
exceed $16,000 and $58,500, respectively. For the fiscal tax collection year
commencing July 1, 1983, the total combined income and the net combined financial
worth as of December 31, 1982, shall not exceed $17,000 and $62,000, respectively.
For the fiscal tax collection year commencing July 1, 1984, the total combined
income and the net combined financial worth as of December 31, 1983, shall not
exceed $18,000 and $65,000, respectively.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas moved that the following Ordinance be placed upon its first
reading:
(#25876) AN ORDINANCE amending and reordaining Sections 32-84,
Generally, 32-86, Financial eligibility, 32-88, Applicant's affidavit, and 32-90,
Amount of exemption, Code of the City of Roanoke (1979), as amended, to provide
new total combined income and net combined financial worth eligibility levels for
the real estate tax exemption for persons over sixty-five years of age or perma-
nently and totally disabled persons and to provide that the base year for any
exemption shall be the tax year during which an eligible person first qualifies.
(For full text of Ordinance, see Ordinance Book No. 47, page 149.)
The motion was seconded by Mr. Garland and adopted by the following
vote:
AYES: Council members Garland, Harvey, Landis, Thomas and Mayor
Taylor ...................................................................... 5.
NAYS: None ....................................................... 0.
(Council members Bowles and Butler were absent.)
447
448
ACTION:
ACTION:
Mr. Bruce Bloodworth, President, Board of Directors, League of Older
Americans, appeared before Couucil and expressed appreciation on behalf of the
League of Older Americans.
APPALACHIAN POWER COMPANY: The City Attorney submitted a ~rritten
report advising that area local governments have recently been involved in rate
negotiations with Appalachian Power Company, that localities have been represented
in these negotiations by legal counsel for the Virginia Municipal League and the
Virginia Association of Counties and expert rate consultants; noting that unfortu-
nately, these negotiations have broken dowm and APCO has unilaterally sought to
impose a 67% increase on the affected localities, including this city and the
Roanoke City School Board, effective January 1, 1982. Mr. Dibling stated that
the attorneys who have been representing our interests in these negotiations have
recomended that the City and School Board decline to execute contracts presented
by APCO to implement the dema, ded rate increase and he concurs in this advice.
The City Attorney pointed out that from the very beginning, local
governments have always been willing to recognize that APCO is entitled to a fuel
adjustment clause to enable APCO to cope with the ever increasing cost of fuel,
and localities have further agreed that APCO is entitled to a fair rate increase,
calling attention to a proposed Resolution which authorizes the payment to APCO
by the City of a 13% rate increase, effective January 1, 1982, and commending the
Resolution to Council for consideration.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following Resolution:
(#25877) A RESOLUTION relating to the 67% rate increase sought to be
imposed upon the City by Appalachian Power Company.
(For full text of Resolution, see Resolution Book No. 47, page 145.)
Mr. Garland moved the adoption of the Resolution. The motion was
seconded by Mr. Landis and adopted by the following vote:
AYES: Council members Garland, Harvey, Landis, Thomas, and Mayor
Taylor ...................................................................... 5.
NAYS: None ........................................................ 0.
(Council members Bowles and Butler were absent.)
DIRECTOR OF FINANCE:
BUDGET-POLICE DEPARTMENT-GRANTS: The Director of Finance submitted a
written report regarding the close-out of Police Planning Grant #80A5164, advising
that total appropriation for the grant was $13,309.00, actual funding received
was $10,208.00 and total expenditures were $8,625.77, that funding of $3,101.00
was not received or used because of a four month delay in hiring a clerk typist
which decreased salary costs, noting that appropriate refunds may now be made.
Mr. Schlanger recormmended that the grant be closed, that unexpended funds be
returned to the State and General Fund and that the following appropriation
and revenue adjustments be made:
Appropriation Estimate:
Salaries and Wages
Salaries and Wages
Stationary & Office
Books & Publications
Refund Balance
(A35351810002) decrease $ 3,101.00
(A35351810002) decrease 803.41
(A35351830005) decrease 641.20
(A35351830047) decrease 137.62
(A35351895050) decrease 1,582.23
Revenue Estimate:
Grant Receipts
(R35351821) decrease 3,100.00
Revenue Estimate:
Local Match (I{35351831) decrease 1.00
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#25878) A~N ORDINANCE to amend and reordain certain sections of the
1981-82 Grant Programs Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 146.)
Mr. Landis moved the adoption of the Ordinance. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council members Garland, Harvey, Landis, Thomas, and Mayor
Taylor ........................................................................ 5.
NAYS: None .......................................................... 0.
(Council members Bowles and Butler were absent.)
449
ACTION:
ACTION:
ACTION:
ACT ION:
REPORTS OF CO~4ITTEES:
ZONING-ARCHITECTURAL P, EVIEW BOARD: A report of the Architectural Re-
view Board asking that Council request certification of the Market District as a
historic area, noting that considering the enormous tax incentives available to
property owners, without the cost of burdensome regulations, it is requested that
Council adopt a Resolution requesting federal certification of the Zoning Ordinanc~
and historic district, was before the body.
(For full text, see report on file in the City Clerk's Office.)
In this connection, a report of the City Manager recommending that
Council adopt a Resolution asking the U. S. Secretary of the Interior for certifi-
cation of the City Historic Zoning Ordinance and the Market Area Historic District
was also before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas offered the following Resolution:
(#25879) A RESOLUTION authorizing the City Manager to request the
Secretary of the Interior to certify the City's historic district zoning regula-
tions and the City Market Area Historic District, for certain Federal tax purposes
(For full text of Resolution, see Resolution Book No. 47, page 146.)
Mr. Thomas moved the adoption of the Resolution. The motion was
seconded by Mr. Landis and adopted by the following vote:
AYES: Council members Garland, Harvey, Landis, Thomas and Mayor
Taylor ........................................................................ 5.
NAYS: None .......................................................... 0.
(Council members Bowles and Butler were absent.)
Mr. Landis moved that the report of the City Manager be received and
filed. The motion was seconded by Mr. Thomas and adopted.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
ZONING: Ordinance No. 25859 rezoning two tracts of land located on the
south side of Peters Creek Road near Interstate Route 581, one containing 2.299
acres and designated as Official Tax No. 6490814 and the other containing 8.161
acres and designated as Official Tax No. 6490807, from RS-i, Single-Family
District, to C-i, Office and Institutional District, subject to certain conditions
proffered by the petitioner, having previously been before the Council for its
first reading on Monday, December 14, 1981, read and adopted on its first reading
and laid over, was again before the body, Mr. Garland offering the following for
its second reading and final adoption:
(#25859) AN ORDINANCE to amend Sections 36-3 and 36-4, Code of the
City of Roanoke (1979), as amended, and Sheet No. 649, Sectional 1976 Zone Map,
City of Roanoke, in relation to Zoning, subject to certain conditions.
(For full text of Ordinance, see Ordinance Book No. 47, page 137.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Garland, Harvey, Landis, Thomas, and Mayor
Taylor ....................................................................... 5.
NAYS: None ........................................................ 0.
(Council members Bowles and Butler were absent.)
ZONING: Ordinance No. 25860 rezoning a 16.478 acre tract of land lying
on the easterly side of Ogden Road, designated on Roanoke City Appraisal Map as
Official Tax No. 1400301, from RS-l, Single-Family Residential District, to RG-1,
General Residential District, subject to certain conditions proffered by the
petitioner, having previously been before the Council for its first reading on
Monday, December 14, 1981, read and adopted on its first reading and laid over,
was again before the body, Mr. Landis offering the following for its second
reading and final adoption:
(#25860) AN ORDINANCE to amend Sections 36-3 and 36-4, Code of the
City of Roanoke (1979), as amended, and Sheet No. 140, Sectional 1976 Zone Map,
City of Roanoke, in relation to Zoning, subject to certain conditions.
(For full text of Ordinance, see Ordinance Book No. 47, page 138.)
Mr. Landis moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Garland, Harvey, Landis, Thomas and Mayor
Taylor ....................................................................... 5.
NAYS: None ........................................................ 0.
(Council members Bowles and Butler were absent.)
al
450
ACT ION:
ACTION:
BUSES-SPECIAL PER~ITS: Ordinance No. 25863 granting a certificate of
public convenience and necessity to Lewis Willis Hopkins t/a R.I.D.E. for the
operation of van service vehicles, having previously been before the Council for
its first reading on Monday, December 14, 1981, read and adopted on its first
reading and laid over, was again before the body, Hr. Harvey offering the follow-
ing for its second reading and final adoption:
(#25863) AN ORDINANCE granting a certificate of public convenience and
necessity to Lewis Willis Hopkins t/a R.I.D.E. for the operation of van service
vehicles.
(For full text of Ordinance, see Ordinance Book No. 47, page 139.)
Mr. Harvey moved the adoption of the Ordinance. The motion was seconded
by Mr. Thomas and adopted by the following vote:
AYES: Council members Garland, Harvey, Landis, Thomas and Mayor
Taylor ........................................................................ 5.
NAYS: None .......................................................... O.
(Council members Bowles and Butler were absent.)
BUSES-SPECIAL PERMITS: Ordinance No. 25868 amending the City Code in
regard to the operation of van service vehicles, having previously been before
the Council for its first reading on Monday, December 14, 1981, 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:
(#25868) AN ORDINANCE amending and reordaining Section 34-58,
Definitions, to provide for a definition of van service vehicle; ~cction 34-61,
Compliance with article as prerequisite to use of certain advertising, trade
names, etc., to regulate use of the term "van service vehicle;" Section 34-73,
Violations of sections 34-67 through 34-72 or 34-80, to provide that violation of
the requirements for operation of a van service vehicle shall be a misdemeanor;
Section 34-74, Refusal of passengers, and Section 34-75, Carrying additional
passengers, to exempt van service vehicles; adding new Section 34-80, Operation
of van service vehicle, to provide for regulation of such vehicles; repealing
Section 34-112, Applicant must be owner of vehicle or employee of such owner, to
delete the requirement that all public vehicles must be owned by the applicant
for a public vehicle license or an employee of such owner; and amending and
reordaining Section 34-130, Rate schedule, by adding new subsection (h) to
provide that a schedule of rates for van service be filed with the City Manager
and subject to review by City Council; Section 19-50, Taxicabs, van service
vehicles and other for-hire passenger motor vehicles, to provide for the payment
of a monthly license tax by operators of van service vehicles; and Section 20-32,
Plate, tag or decal - issuance; contents and color of decals, to provide that van
service vehicles shall not be eligible for licenses of the decal type, all such
sections being contained in the Code of the City of Roanoke (1979), as amended.
(For full text of Ordinance, see Ordinance Book No. 47, page 139.)
Mr. Harvey moved the adoption of the Ordinance. The motion was seconded
by Mr. Landis and adopted by the following vote:
AYES: Council members Garland, Harvey, Landis, Thomas and Mayor
Taylor ........................................................................ 5.
NAYS: None ......................................................... O.
(Council members Bowles and Butler were absent.)
BUDGET: Council at its Financial and Planning Session on Monday,
December 21, 1981, having requested that a budget Ordinance be prepared in
connection with a report of the Director of Finance regarding fiscal year 1982
revenue adjustments, as follows:
Name
1982 Real Estate Tax
1982 Personal Property Tax
Sales Tax 1%
Business & Occupational Licenses
Motor Vehicle License
Interest on Investments
ABC Tax
State Sales Tax - Education
Street Construction & Maintenance
Bulk Trash Collection
Law Enforcement
Original Revised Net
Estimate Estimate Difference
$18,787,507 $18,486,000 $(312,507)
4,752,520 5,062,000 309,480
7,350,000 7,100,000 (250,000)
5,400,000 5,220,000 (180,000)
990,000 1,060,000 70,000
200,000 300,000 100,000
488,500 328,500 (160,000)
4,300,000 4,143,000 (157,000)
2,490,000 2,878,000 388,000
698,743 180,000 (518,743)
1~597~093 1~677,399 80~306
$47,054~363 $46~434~899 $(630~464}
451
ACTION:
ACTION:
ACTION:
Less Capital Outlay budgeted
for Bulk Refuse
- 200,000
Less Estimated value - sale
of refuse vehicles
- 300,000
$(i30,464)
the matter was again before the body; whereupon, Mr. Landis offered the following
emergency Ordinance:
(#25880) AN ORDINANCE to amend and reordain certain sections of the
1981-82 General Fund Appropriation Ordinance, amd providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 147.)
Mr. Landis moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Garland, Harvey, Landis, Thomas and Mayor
Taylor ......................................................................... 5.
NAYS: None .......................................................... 0o
(Council members Bowles and Butler were absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
BUDGET-HOUSING-GRANTS: Earlier in the meeting, Council delayed action
on a coum~nication from the City of Roanoke Redevelopment and Housing Authority,
advising of a program developed with certain lending institutions whereby $900,000
will be provided to be loaned by the Housing Authority to homeowners in all
Conservation and Redevelopment Areas, and requesting that $90,000 be made available
to establish a loan loss reserve, the matter was again before the body.
(See page 445.)
Council also delayed action on a report of the City Manager in connection
with the matter.
The City Attorney advised that it is his understanding there is a possi-
bility that Mr. Harvey might sell a house and there is the further possibility
that the buyer might utilize funds under the program above referred to. Mr.
Dibling noted that he has reviewed the matter in the context of the Virginia
Conflict of Interest Act and stated that if this were to happen, Mr. Harvey would
not be contracting with the City of Roanoke, he would not be contracting with the
Roanoke Redevelopment and Housing Authority, and he would not be contracting with
the bank. Inasmuch as there would be no contractual relationship between Mr.
Harvey and any of the three abovenamed entities, he does not feel there would be
a conflict of interest in the matter, pointing out that the benefit that could
conceivably come to Mr. Harvey by virtue of such a sale would be no more than the
benefit that could come to any seller in the City of Roanoke. Mr. Dibling said
that Mr. Harvey is not in any special consideration nor would he achieve any
benefit that would not be available to any of the 105,000 people who live in the
City.
Based solely on the City Attorney's legal opinion, Mr. Harvey advised
that he would cast his vote on the matter.
Mr. Thomas offered the following emergency Ordinance transferring
$90,000.00 from Urban Homesteading to Private Rehabilitation Loan Program,
Community Development Block Grant, B-81-MC-51-0020, of the 1981-82 Grant Programs
Fund Appropriations:
(#25881) AN ORDINANCE to amend and reordain certain sections of the
1981-82 Grant Programs Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 148.)
Mr. Thomas moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Garland, Harvey, Landis, Thomas, and Mayor
Taylor ........................................................................
NAYS: None ......................................................... 0.
(Council members Bowles and Butler were absent.)
Mr. Thomas offered the following Resolution:
(#25882) A RESOLUTION authorizing the City Manager to submit to the
United States Department of Housing and Urban Development (HUD) a request to draw
down $90,000 of the City's Community Development Block Grant funds in a lump sum,
and authorizing the commitment of such funds as a loan loss reserve in connection
with the issuance of $900,000 in mortgage revenue bonds by the City of Roanoke
Redevelopment and Housing Authority, such commitment of the City's CDBG funds to
be subject to the prior written approval of HUD.
(For full text of Resolution, see Resolution Book No. 47, page 148.)
452
ACTION:
ACTION:
ACTION:
ATTEST:
Hr. Thomas moved the adoption of the Resolution. The motion was
by Hr. Landis and adopted by the follow/rig vote:
AYES: Council members Garland, Harvey, Landis, Thomas and Mayor
Taylor ...................................................................... 5.
NAYS: None ........................................................ O.
(Council members Bowles and Butler were absent.)
OTHER HEARINGS OF CITIZENS:
COUNCIL: The Mayor advised that the City Attorney had requested an
Executive Session to discuss a matter of pending litigation.
Mr. Thomas moved that Council concur in the request. The motion was
seconded by Mr. Landis and adopted by the following vote:
AYES: Council members Garland, Harvey, Landis, Thomas and Mayor
Taylor ....................................................................... 5.
NAYS: None ........................................................ 0.
(Council members Bowles and Butler were absent.)
At 3:50 p.m., the Mayor declared the meeting recessed.
At 4:45 p.m., the meeting reconvened in the Council Chamber with Mayor
Taylor presiding and all members of the Council present, with the exception of
Council members Bowles and Butler.
INDUSTRIES: The Mayor called to the attention of Council that there is
a vacancy on the Industrial Development Authority created by the resignation of
Mr. C. E. Hunter for a term of four years ending October 20, 1985, and called for
nominations to fill the vacancy.
Mr. Garland placed in nomination the name of Mr. Russell O. Hannabass.
There being no further nominations, Mr. Hannabass was elected as a
Director of the Industrial Development Authority for a term of four years ending
October 20, 1985, by the following vote:
FOR MR. HANNABASS: Council members Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................... 5.
(Council members Bowles and Butler were absent.)
HEALTH DEPARTMENT: Council having received a co~mmnication from Mrs.
Mary H. Steinhardt, Chairman of the Mental Health Services of the Roanoke Valley
Board of Directors, recommending the reappointment of Messrs. James R. Austin,
Leo P. Buckley, Jr., and Frank G. Selbe, III, as at large members of the Mental
Health Services of the Roanoke Valley Board of Directors for terms of three years
each commencing January i, 1982, the matter was again before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Landis moved that Council concur in the reappointment of Messrs.
James R. Austin, Leo P. Buckley, 3r., and Frank G. Selbe, as at large members of
the Mental Health Services of the Roanoke Valley Board of Directors, for terms
of three years each commencing January 1, 1982. The motion was seconded by
Mr. Thomas and adopted.
There being no further business, the Mayor declared the meeting
at 4:50 p.m.
APPROVED
City Clerk
Mayor
453
REGULAR ~EF, KLY SESSION ..... ROANOKE ClT~ COUNCIL
Januar~ &, 1982
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the Council Chamber
~n the 14unicipal Building, City of Roanoke, on Honday, January 4, 1982, at 2:00 p.m., the
regular meeting hour, with Hayor Noel C. Taylor presiding.
PRESENT: Council members James G. Harvey, II, Charles L. Landis, Nmapton W.
Thomas, Wendell H. Butler, Robert A. Garland, and Hayor Noel C. Taylor .................... 6.
ABSENT: Council member Elizabeth T. Bowles ..................................... 1.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. W. Robert Herbert, Assistant
City Manager; Mr. Wilburn C. Dibling, Jr., City Attorney; Mr. William X Parsons, Assistant
City Attorney; Mr. Joel M. Schlanger, Director of Finance; and Mrs. Mary F. Parker, City
Clerk.
The invocation was delivered by the Reverend Harold C. Lewis, Pastor, Villa
Heights Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America was led by
Mayor Taylor.
PROCLAMATIONS: The Mayor presented a proclamation declaring the year 1982 as
National Year of Disabled Persons in the City of Roanoke and called upon the citizens of
this co~nity to observe such year through activities in support of the long-term goals
of and for disabled persons promoted during the International Year of Disabled Persons.
(See proclamation on file in the City Clerk's Office.)
CONSENT AGENDA:
ACTION:
ACTION:
ACTION:
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the City Council and would be enacted by one motion
in the forms listed on the Consent Agenda, and if discussion was desired that
item would be removed from the Consent Agenda and coneidered separately. He
noted that he had requested an Executive Session to discuss a personnel matter in
regard to vacancies on various authorities, boards, commissions and committees
appointed by the council. The Mayor also noted that Mr. Harvey was requesting an
Executive Session to discuss a personnel matter following adoption of the Consent
Agenda,
COUNCIL: A co~m~unication from Councilman Harvey requesting an Executive
Session to discuss a personnel matter, was before Council.
(See communication on file in the City Clerk's Office.)
Mr. Garland moved that Council concur in the request. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Harvey, Landis, Thomas, Butler, Garlamd and
Mayor Taylor ..................................................................... 6.
NAYS: None ............................................................ 0.
(Council member Bowles was absent.)
COUNCIL: A communication from the Mayor requesting an Executive Session
to discuss personnel matters, was before Council.
(See communication on file in the City Clerk's Office.)
Mr. Garland moved that Council concur in the request. The motion
was seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Harvey, Landis, Thomas, Butler, Garland and
Mayor Taylor ................................................................... 6.
NAYS: None .......................................................... O.
(Council member Bowles was absent.)
PENDING ITEMS: A list of items pending from February 7, 1977, through
December 28, 1981, was before Council.
(See list on file in the City Clerk's Office.)
Mr. Thomas moved that the City Manager be requested to report to
Council prior to 1982-83 budget study on the following three pending items:
454
ACTION:
ACTION:
"Referral Date
Referred to
5/~/79
City Mamager
Request that the City
Manager, within s/x to
nine months, make a study
of contracting out certain
services or functions which
are currently being per-
formed by the City, with
the idea of conducting an
exper/mental progrmm to as-
certain whether or not the
City could feasibly enter
into this type of operation
with the ultimate goal of
contracting any and all
services that can be done
less expensively than the
City is currently perform-
lng those same services.
3/2/81
3/16/Sl
City Manager
City Manager
Superintendent of
Schools
Co-m,~uication from Coancil-
~n Hampton W. Thomas with
regard to Section
15.1-977.24 of the Code
of Virginia, providing that
any City barred from fur-
ther annexation may, by
Resolution, elect to be
treated the same as an
immune county for purposes
of state police services
and for maintenance and
construction of streets
and highways.
Recommendation of G.R.T.C.
to immediately determine
what, if any, part of the
school transportation
program can be combined
with the public transporta-
tion system to eliminate
duplication without affect-
lng the level of service
or efficiency of both
systems."
The motion was seconded by Mr. Landis and adopted.
At 2:10 p.m., the Mayor declared the meeting recessed.
At 2:40 p.m., the meeting reconvened in the Council Chamber with Mayor
Taylor presiding and all members of the Council present, with the exception of
Council member Bowles.
HEARING OF CITIZENS UPON PUBLIC MATTERS:
OPPORTUNITIES INDUSTRIALIZATION CENTER: Mr. George E. Franklin, Jr.,
Vice-President, OIC Enterprises, appeared before Council and spoke in regard to
concerns relating to the method in which the Fifth District Employment and Trainin~
Consortium is continuing to handle certain audit problems involving OIC Enterprises
and to request that the City review and cause a change wherever such change will
result in a fair, equitable and fiscally responsible solution, and to call to
Council's attention the contributions that the Enterprise has made to employment,
training, and Job creation for the unemployed and underemployed citizens of the
City.
(See statement on file in the City Clerk's Office.)
The City Attorney advised that the matter is presently in litigation;
whereupon, Mr. Landis moved that Mr. Franklin's remarks be referred to the City
Attorney for report to Council. The motion was seconded by Mr. Garland and
adopted.
PETITIONS AND COMMUNICATIONS: None.
REPORTS OF OFFICERS:
PARKS AND pLAYGROUNDS: The Director of Public Works appeared before
Council and presented an oral briefing on preliminary plans for the Church Avenue
Park, noting that the project was approved on a part of the bond issue. Mr.
Brady advised that an urban type park is proposed with trees, shrubbery and benches
and is similar in design to the Blue Cross/Blue Shield plaza.
Mr. Garland moved that Council concur in the preliminary plans. The
motion was seconded by Dr. Butler and adopted.
455
ACTION:
ACTION:
ACTION:
ITEMS REC0~ENDED FOR ACTION:
JUVENILE AND DOMESTIC RELATIONS DISTRICT COURT: Council at its meeting
on Monday, December 28, 1981, havimg raised certain questions in regard to the
transfer of the Juvenile and Domestic Relations District Court Service Unit to
the State Department of Corrections, the City Manager submitted a written report
responding to the following four specific questions:
1. Position of the Juvenile Court Judges on the trausfer of the Court Service
Unit to the State.
2. Experience of other localities who have transferred Units to the State.
3. View of the staff.
Advantages and disadvantages.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that Council concur in Alternative D of the City
Manager's report dated December 28, 1981, as follows:
"Retain local administration of the Juvenile and Domestic
Relations Court Service Unit while seeking a State legis-
lative change which would provide 100% reimbursement to
the City for Court Service Unit operation."
and that the City Attorney be requested to prepare the proper measure accordiagly,
The motion was seconded by Dr. Butler and adopted.
STATE HIGHWAYS-UTILITIES: The City Manager submitted a written report
recommending that Council adopt the appropriate measure providing the Virginia
Department of Highways and Transportation with the necessary assurances regarding
the arrangement for the relocation and/or adjustment for utilities affected by
the Hershberger Road Highway Project.
(See report on file in the City Clerk's Office.)
Dr. Butler offered the following Resolution:
(#25883) A RESOLUTION relating to the relocation or adjustment of
utility facilities in connection with the City's Hershberger Road Project desig-
nated as Highway Project 0101-128-102, RW 201, C-501, C-502.
(For full text of Resolution, see Resolution Book No. 47, page 150.)
Dr. Butler moved the adoption of the Resolution. The motion was
by Mr. Thomas and adopted by the following vote:
AYES: Council members Harvey, Landis, Thomas, Butler, Garland and
Mayor Taylor ................................................................. 6.
NAYS: None ......................................................... 0.
(Council member Bowles was absent.)
STATE HIGHWAYS-UTILITIES: The City Manager submitted a written report
recommending that Council adopt the appropriate measure providing the Virginia
Department of Highways and Transportation with the necessary assurances regarding
the arrangement for the relocation and/or adjustment for utilities affected by
the Vinton Mill Road Highway Project.
(See report on file ia the City Clerk's Office.)
Dr. Butler offered the following Resolution:
(#25884) A RESOLUTION relating to the relocation or adjustment of
utility facilities in connection with the City's Vinton Mill Road Project designate
as Highway Project UOOO-128-114, RW 201, C-501.
(For full text of Resolution, see Resolution Book No. 47, page 151.)
Dr. Butler moved the adoption of the Resolution. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Harvey, Landis, Thomas, Butler, Garland and
Mayor Taylor ................................................................... 6.
NAYS: None .......................................................... O.
(Council member Bowles was absent.)
PUBLIC WORKS-EQUIPMENT: The City Manager submitted a written report
concurring in a report of the Bid Committee recommending that the low bid of
International Salt Company for furnishing 990 tons of rock salt, in the total
amount of $32,957.10, be accepted.
(See reports on file in the City Clerk's Office.)
456
ACTION:
ACTION:
ACTION:
Landis offered the following emergency Ordinance:
(#25885) AN ORDINANCE accepting a bid for furnishing rock salt to the
City; rejecting other bids; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 151.)
Hr. Landis moved the adoption of the Ordinance. The motion was
seconded by Hr. Harvey and adopted by the following vote:
AYES: Council members Harvey, Landis, Thomas, Butler, Garland and
Mayor Taylor ...................................................................
NAYS: None .......................................................... 0,
(Council member Bowles was absent.)
WATER DEPARTMENT: The City Manager advised that on December 15, 1981,
the City had 263 days of water remaining in Carvins Cove, without any rainfall
and with our normal demmnd of ten million gallons per day, and we were 24.2 feet
below spillway. At noon on January 4, 1982, the City had 311 days of water
remaining, an increase of 48 days supply. He said the Cove had gained 3.6 feet
and is now 20.6 feet low, advising that Catawba Tunnel is running five feet and
Tinker Tunnel is running two feet through the tunnels.
CITY ATTORNEY:
COUNCIL: The City Attorney orally requested an Executive Session to
discuss a matter of pending litigation.
Mr. Landis moved that Council concur in the request. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Harvey, Landis, Thomas, Butler, Garland and
Mayor Taylor ................................................................... 6.
NAYS: None .......................................................... 0.
(Council member Bowles was absent.)
SALE/PURCHASE OF PROPERTY-MARKET-DOWNTOWN ROANOKE-CENTER IN THE SQUARE:
The City Attorney submitted a written report in regard to conveyance of land to
the Western Virginia Foundation for the Arts and Sciences, to be used in connectiom
with the Center in the Square development, said property being situated on the
south side of Campbell Avenue.
(See report on file in the City Clerk's Office.)
Mr. Landis moved that the following Ordinance be placed upon its first
reading:
(#25886) AN ORDINANCE authorizing the appropriate City officials to
execute and deliver a deed and party wall agreement with the Western Virginia
Foundation for the Arts and Sciences, providing for the City's conveyance to that
firm of real estate lying on the south side of Campbell Avenue, Roanoke~ Virginia,
under certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 47, page 153.)
The motion was seconded by Mr. Garland and adopted by the following
vote:
AYES: Council members Harvey, Landis, Thomas, Butler, Garland and
Mayor Taylor ................................................................... 6.
NAYS: None .......................................................... 0.
(Council member Bowles was absent.)
REPORTS OF COMMITTEES:
AUDIT COMMITTEE: Council member Robert A. Garland, Chairman of the
Audit Committee, presented minutes of the meeting of the Audit Comr, lttee held on
Monday, December 28, 1981, advising that the Committee reviewed, received and
filed the following reports:
Auditor of Public Accounts Financial Report, June 30, 1981
Employee Compensation Cycle Review - Phase 1
Municipal Parking Facility, September 30, 1981
Roanoke City Market, September 30, 1981
Airport Fund, September 30, 1981
ACTION:
ACTION:
ACTION:
The Committee also reviewed, received and filed the following draft
reports from Peat, Marwick, Mitchell & Company's Jume 30, 1981, audit of Federal
Grants-in-Aid:
Schedule of Grant a:tivity, June 30, 1981
Accouatan£s' Report on Compliance, December 7, 1981
Accountants' Report on Internal Accounting Control, December
7, 1981
(See minutes on file in the City Clerk's Office.)
Mr. Garland moved that the minutes be received and filed. The motion
was seconded by Dr. Butler and adopted.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
TAXES: Ordinance No. 25876 amending the City Code to provide new total
combined income and net combined financial worth eligibility levels for the real
estate tax exemption for persons over sixty-five years of age or permanently and
totally disabled persons and to provide that the base year for any exemption
shall be the tax year during which an eligible person first qualifies, said new
standards will provide that, for the fiscal tax collection year commencLng July 1,
1982, the total combined income and the net combined financial worth as of
December 31, 1981, shall not exceed $16,000 and $58,500 respectively; for the
fiscal tax collection year commencing July 1, 1983, the total combined income and
the net combined financial worth as of December 31, 1982, shall not exceed $17,000
and $62,000 respectively; and for the fiscal tax collection year commencing July 1,
1984, the total combined income and the net combined financial worth as of
December 31, 1983, shall not exceed $18,000 and $65,000 respectively, having pre-
viously bean before the Council for its first reading on Monday, December 28, 1981,
read and adopted on its first reading and laid overs was again before the body,
Mr. Thomas offering the following for its second reading and final adoption:
(#25876) AN ORDINANCE amending and reordaining Sections 32-84, Generall
32-86, Financial eligibility, 32-88, Applicant's affidavit, and 32-90, Amount of
exemption, Code of the City of Roanoke (1979), as amended, to provide new total
combined income and net combined financial worth eligibility levels for the real
estate tax exemption for persons over sixty-five years of age or permanently and
totally disabled persons and to provide that the base year for any exemption
shall be the tax year during which an eligible person first qualifies.
(For full text of Ordinance, see Ordinance Book No. 47, page 149.)
Mr. Thomas moved the adoption of the Ordinance. The motion was seconded
by Mr. Landis and adopted by the following vote:
AYES: Council members Harvey, Landis, Thomas, Butler, Garland and
Mayor Taylor ............. u ................................................... 6.
NAYS: None ........................................................ O.
(Council member Bowles was absent.)
INDUSTRIES: Mr. Garland offered the following Resolution appointing
Mr. Russell O. Hannabass as a Director of the Industrial Development Authority of
the City of Roanoke, Virginia, for a term of four years ending October 20, 1985:
(#25887) A RESOLUTION appointing a Director of the Industrial Developmen
Authority of the City of Roanoke, Virginia, to fill a vacancy on its Board of
Directors.
(For full text of Resolution, see Resolution Book No. 47, page 152.)
Mr. Garland moved the adoption of the Resolution. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES; Council members Harvey, Landis, Thomas, Butler, Garland and
Mayor Taylor .................................................................. 6.
NAYS: None ......................................................... 0.
(Council member Bowles was absent.)
MOTIONS AND MISCELLAnEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 3:45 p.m., the Mayor declared the meeting recessed.
At 4:00 p.m., the meeting reconvened in the Council Chamber, with Mayor
Taylor presiding and all members of the Council present, with the exception of
Council member Bowles.
457
458
ATTEST:
BUDGET-SEWEI~ AND STOEM DEAINS: Mr. Thomas offered the following
emergency Ordinance appropriatin8 $13,000.00 to Fees for Professional Services,
Operating Expense, of the 1981-82 Sewage Treatment F~md Appropriation Ordinance:
(#25888) AN ORDINANCE to amend and reordain certain sections of the
1981-82 Sewage T~eatment Pund Appropriation Ordinance, and providing for au
emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 152.)
Mr. Thomas moved the adoption of the Ordinance. The motion was seconded
by Mr. Barvey and adopted by the following vote:
AYES: Council members Harvey, Landis, Thomas, Butler, Garland and
Mayor Taylor .................................................................. 6.
NAYS: None .......................................................... 0.
(Council member Bowles was absent.)
There being no further business, the Mayor declared the meeting adJourne~
at 4:05 p.m.
City Clerk
APPROVED
Mayor
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
January 11, 1982
7:30 p.m.
The Council of the City of P~anoke met in regular meeting in the Council Chamber
in the Hunicipal Building, City of Roanoke, on Honday, January 11, 1982, at 7:30 p.m., the
regular meeting hour, vith Mayor Noel C. Taylor presiding.
PRESENT: Council members Charles L. Landis, Hampton W. Thomas, Elizabeth T.
Bowles, Wendell H. Butler, Robert A. Garland, James G. Harvey, II, and Mayor Noel C.
Taylor ............................................................................... 7.
ABSENT: None .............................................................. O.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. W. Robert Herbert, Assistant
City Manager; Mr. Wilburn C. Dibling, Jr., City Attorney; Mr. William X Parsons, Assistant
City Attorney; Mr. Joel H. Schlanger, Director of Finance; and Mrs. Mary i. Parker, City
Clerk.
The invocation was delivered by the Reverend Steven Greet, Pastor, Huntington
Court United Methodist Church.
The Pledge of Allegiance to the Flag of the United States of America was led by
Mayor Taylor.
BID OPENINGS:
LIBRARIES-CENTURY PROJECT: Pursuant to notice of advertisement for
bids for construction of the Williamson Road Library Addition, Century Project
No. 13-04, said proposals to be received by the City Clerk until 4:30 p.m., on
Monday, January 11, 1982, and to be held, opened and read before the Council at
7:30 p.m., or as soon thereafter as the matter could be heard on that date, the
Mayor asked if anyone had any questions about the advertisement for bids and no
representative present raising any question, the ~ayor instructed the City Clerk
to proceed with the opening of the bids; whereupon, the City Clerk opened and
read the following bids:
Base Bid Alt. 1 Alt. 2 Alt. 3
Avis Construction Co.,
Inc.
Hall' s Construction
Corporation
Thor, Incorporated
S. Lewis Lionberger Co.
Q. M. Tomlinson, Inc.
Regional Construction
Services, Inc.
J. H. Fralin & Son
Watts and Breakell, Inc.
Salem Contracting, Inc.
H. A. Lucas & Sons, Inc.
$139,800.00
$ 9,000.00
$2,400.00 $1,800.00
$141,324.00 $10,048.50 $1,281.50 $2,621.00
$148,650.00 $12,230.00 $4,530.00 $2,450.00
$149,000.00 $ 9,470.00 $ 885.00 $2,320.00
$150,000.00 $10,725.00 $1,227.00 $2,100.00
$ 9,861.00
$ 8,960.00
$10,200.00
$ 9,975.00
$11,000.00
$151,800.00
$153,300.00
$153,700.00
$157,500.00
$171,800.00
$2,237.00 $2,500.00
$1,790.00 $2,450.00
$2,300.00 $1,800.00
$1,500.00 $3,247.00
$1,700.00 $2,700.00
ACTION:
ACTION:
Mr. Thomas moved that the bids be referred to a co~tttee to be appointed
by the Mayor for tabulation, report and reco~endation to Council. The motion
was seconded by Dr. Butler and unanimously adopted.
The Mayor appointed Messrs. Charles L. Landis, Chairman, James D.
P~ttchie and Thomas F. Brady as members of the committee.
Dr. Robert Crockett, Executive Director of the Roanoke Ballet, appeared
before Council and extended an invitation to the members of Council and their
families and the City Manager and his family to attend the performance on Sunday,
January 31, 1982, at 2:00 p.m. and 8:00 p.m., in the Roanoke Civic Center Audit-
orium of the R~anoke Ballet's presentation of Struggles, Swan Lake and Sleeping
Beauty. Ne also requested that Council extend an invitation to the members of
the General Assembly and their guests to attend the performance while they are
in Roanoke in observance of the City's Centennial celebration.
PUBLIC HEARINGS:
ZONING: Pursuant to Resolution No. 25523, the City Clerk set a public
hearing for Monday, January 11, 1982, at 7:30 p.m., or as soon thereafter as the
matter could be heard, on the request of Mr. James D. Fralin that a tract of land
containing 0.8 acre, located in the 2900 block of Epperly Avenue, N. W., described
as Lots 19, 20 and 21, Block 1, Epperly Court, Official Tax Nos. 2160612, 2160613
and 2160614, be rezoned from RS-3, Single-Family Residential District, to RG-1,
General Residential District, subject to certain conditions, the matter was
before the body.
459
460
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
A report of the City Planning Coanaission advising that the Planning
Coamission, by a vote of three (Boynton, Bradshaw, Goode) to four (Price, Sowers,
Buford, Waldvogel), recommended that Council approve the request with proffered
conditions set forth in Attachment B, was before the body.
(For full text, see report on file in the City Clerk's Office.)
There was considerable discussion in regard to the vote of the City
Planning Commission; whereupon, Mr. Earl B. Reynolds, Secretary of the Planning
Commission, advised that the staff's recommendation was that the rezoning request
be denied, that three City Planning Commission members were in favor of the staff
recommendation and four Commission members were not in favor of the reco~mendation
of the staff.
Mr. Richard M. Hughes, representing the petitioner, appeared before
Council and advised that the matter has been before the City Planning Commission
on two occasions, noting that it was his understanding the request had been approv-
ed by the Planning Commission on a vote of 4 - 3, calling attention to the fact
that his client has continued to pay advertising fees and the City's staff has
been negative throughout the project. Mr. Hughes said there are also points within
the report that are confusing to his client.
Following considerable discussion, Hr. Harvey moved that the matter be
referred back to the City Planning Commission for additional report to Council
in clarification of its January 11, 1982, report. The motion was seconded by
Mrs. Bowles and unanimously adopted.
Mr. Thomas moved that the public hearing be continued until the regular
meeting of Council on Monday, February 8, 1982, at 7:30 p.m., in the City Council
Chamber. The motion was seconded by Mr. Harvey and unanimously adopted.
ZONING: Pursuant to Resolution No. 25523 the City Clerk set a public
hearing for Monday, January 11, 1982, at 7:30 p.m., or as soon thereafter as the
matter could be heard, on the request of Roanoke Hospital Association that propert
fronting on the easterly side of Belleview Avenue, S. E., end the southerly side
of Thyme Street, S. E., described as a tract of land containing .65 acre, Official
Tax No. 4050101, a tract of land containing 3.3 acres, Official Tax No. 4050102,
Lots 4, 5 and 6, Block 7, Mill Mountain Court, Official Tax Nos. 4041901, 4041902
and 4041903, and Lots 6 - 12, inclusive, Block 8, Mill Mountain Court, Official
Tax Nos. 4041904 - 4041910, inclusive, be rezoned from RS-3, Single-Fmmtly Residen-
tial District, to C-I, Office and Institutional District, subject to certain
conditions, the matter was before the body.
A report of the City Planning Commission recommending that the request
be granted, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Frank K. Sannders, Attorney, representing the petitioner, appeared
before Council in support of the request of his client.
Mr. Thomas moved that the following Ordinance be placed upon its first
reading:
(#25889) AN ORDINANCE to amend Sections 36-3 and 36-4, Code of the
City of Roanoke (1979), as amended, and Sheet Nos. 404 and 405, Sectional 1976
Zone Map, City of Roanoke, in relation to Zoning, subject to certain conditions.
(For full text of Ordinance, see Ordinance Book No. 47, page 156.)
The motion was seconded by Dr. Butler and adopted by the following
vote:
AYES: Council members Landis, Thomas, Bowles, Butler, Garland, and
Harvey ........................................................................ 6.
NAYS: None ......................................................... O.
(Mayor Taylor abstained from voting because he serves on the Board of Directors
of Roanoke Memorial Hospitals.)
Mr. Landis moved that Roanoke Memorial Hospitals be requested to work
with the City Planning Commission to update the master plan relating to health
care facilities. The motion was seconded by Mr. Garland.
There was considerable discussion in regard to long-range expansion plans
and proposals for new facilities by hospitals and other health care institutions
in the City; whereupon, Mr. Thomas offered a substitute motion that the City
Planning Commission be requested to update the comprehensive plan in regard to
health care facilities in the City of Roanoke. The substitute motion was seconded
by Mr. Landis and adopted. Mayor Taylor abstained from voting because he serves
on the Board of Directors of Roanoke Memorial Hospitals.
TAXES: Council having instructed the City Clerk to set a public hearing
on Monday, January 11, 1982, at 7:30 p.m., or as soon thereafter as the matter
could be heard, on a proposed amendment to Chapter 19, License Tax Code, of the
Code of the City of Roanoke, (1979), as amended, which amendment would alter
the method of license taxation of peddlers and itinerant merchants, said proposed
amendment would establish a $50.00 yearly license tax rate for retail peddlers
and itinerant merchants, the matter was before the body.
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
No one appearing with respect to the proposed amendment, Hr. Garland
moved that the following Ordinance be placed upon its first readins:
(f25890) AN ORDINANCE amending Section 19-81, Wholesale Merchant, and
Article III, Special License Taxation, of Chapter 19, License Tax Code, of the
Code of the City of Roanoke (1979), as amended, by adding new Section 19-81.1,
Itinerant Merchants and Peddlers, in order to change the method and rate of licenm
taxation for itinerant merchants end peddlers; and providing for an effective
date of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 47, page 157.)
vote:
The motion was seconded by Hrs. Bowles and adopted by the following
AYES: Council members Landis, Thomas, Bowles, Butler, Garland, Itsrvey
and Mayor Taylor ............................................................. 7.
NAYS: None .......................................................... O.
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the City Council and would be enacted by one motion
in the forms listed on the agenda, and if discussion was desired, that item would
be removed from the Consent Agenda and considered separately. He noted that
there were three requests for Executive Sessions to discuss personnel matters and
a real estate matter, that Dr. Butler had orally requested an Executive Session
to discuss a personnel matter and Mr. Thomas had orally requested an Executive
Session to discuss a legal and contractual matter.
MINUTES: Minutes of the regular meetings of Council held on Monday,
December 14, 1981; and the regular meeting of Council held on Monday, December
28, 1981, 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 Dr. Butler
and adopted by the following vote:
AYES: Council members Landis, Thomas, Bowles, Butler, Garland, Harvey
and Mayor Taylor .............................................................. 7.
NAYS: None ........................................................... 0.
COUNCIL: A com,,mication from Council member Elizabeth T. Bowles
requesting an Executive Session to discuss a personnel matter, was before Council.
(See communication on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the request. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Landis, Thomas, Bowles, Butler, Garland, Harvey
and Ymyor Taylor ................................................................ 7.
NAYS: None ........................................................... 0.
COUNCIL: A report of the City Manager requesting an Executive Session
to discuss a personnel matter, was before Council.
(See report on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the request. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Landis, Thomas, Bowles, Butler, Garland, Harvey
and Mayor Taylor ............................................................ 7.
NAYS: None ...................................................... O.
COUNCIL: A report of the City Manager requesting an Executive Session
to discuss a real estate matter, was before Council.
(See report on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the request. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Landis, Thomas, Bowles, Butler, Garland, Harvey
and Mayor Taylor ............................................................... 7.
NAYS: None .......................................................... 0.
461
462
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
ZONING: A report of the City Attorney advising that recently he
advised the Council that James L. and Hary P. Snyder had filed a petition for a
writ of certiorari and review of the decision of the City's Board of Zoning
Appeals to deny a request from the Snyders to permit them to construct and operate
a wayside stand on their land at 4220 Old Mountain Road, N. E., in order to sell
on this property certain produce and Christmas trees purchased elsewhere, noting
that he is pleased to report that Judge Ballou has denied the petition filed by
the Snyders and has upheld the decision of the Board of Zoning Appeals, stating
that the Court concluded after a hearing on the matter that the actions of the
Board were correct and in conformance with the zoning regulations of the City,
was before Council.
(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 Dr. Butler and adopted by the following vote:
AYES: Council members Landis, Thomas, Bowles, Butler, Garland, Harvey,
and Mayor Taylor ............................................................... 7.
NAYS: None .......................................................... 0.
ZONING: The annual report of the Board of Zoning Appeals for the year
1981, was before Council.
(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 Dr. Butler and adopted by the following vote:
AYES: Council members Landis, Thomas, Bowles, Butler, Garland, Harvey,
and Mayor Taylor .............................................................. 7.
NAYS: None .......................................................... 0.
PLANNING: The qualification of Mr. Kenneth L. Motley as a member of
the Architectural Review Board for a term of four years ending October 1, 1985,
was before Council.
(See Oath 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 Dr. Butler and adopted by the following vote:
AYES: Council members Landis, Thomas, Bowles, Butler, Garland, Harvey
and Mayor Taylor ...............................................................
NAYS: None ........................................................ 0.
PUBLIC ASSISTANCE: The qualification of Ms. Nancy F. Canova as a
member of the Advisory Board of Human Resources for a term of four years ending
November 30, 1985, was before Council.
(See Oath 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 Dr. Butler and adopted by the following vote:
AYES: Council members Landis, Thomas, Bowles, Butler, Garland, Harvey
and Mayor Taylor ............................................................... 7.
NAYS: None .......................................................... 0.
COUNCIL: An oral request of Council member Hampton W. Thomas for an
Executive Session to discuss a legal and contractual matter, was before Council.
Mrs. Bowles moved that Council concur in the request. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Landis, Thomas, Bowles, Butler, Garland, Harvey
and Mayor Taylor ............................................................... 7.
NAYS: None ......................................................... 0.
COUNCIL: An oral request of Council member Wendell H. Butler for an
Executive Session to discuss a personnel matter, was before Council.
Mrs. Bowles moved that Council concur in the request. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Landis, Thomas, Bowles, Butler, Garland, Harvey
and Mayor Taylor ............................................................... 7.
NAYS: None ......................................................... 0.
aCTION:
ACTION:
ACTION:
ACTION:
REARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COffl~DNICATIONS:
PARKS AND PLAYGROUNDS: A com~-,~ication from Mayor Noel C. Taylor
recommending that Council concur in a request of the Hill Mountain Development
Committee to expand its membership from five to seven members, and that other
matters pertaining to the insurance of Rockledge Tnn, parking facility work,
restaurant and anti-vandalism Ordinance be referred to the City Manager for
report to the Committee and to Council as soon as possible, was before the body.
(See com~,~ication on file in the City Clerk's Office.)
Mr. Garland moved that Council concur in the reco~m~endation. The motion
was seconded by Dr. Butler and unanimously adopted.
REGISTRAR: A communication from Mayor Noel C. Taylor recom~e~ding
that a request of the Secretary of the Electoral Board for an addendum to the
City Code to include the General Registrar as an employee of the City entitled to
receive all City benefits, be referred to the Personnel Committee, the City
Manager and the City Attorney for consideration, was before Council.
(See communication on file in the City Clerk's Office.)
Mr. Garland moved that Council concur in the recommendation. The
motion was seconded by Dr. Butler and unanimously adopted.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
CELEBRATIONS-FLAGS: Mrs. Joyce Waugh, Centennial Coordinator, appeared
before Council and presented a briefing in connection with a request of the Flag
Committee of the Roanoke United Central Labor Council for funds to purchase new
flags for downtown R~anoke.
Mrs. Waugh advised that the request for funds for replacement of torn
flags was reviewed by members of the Roanoke Centennial Executive Committee and
deemed to be a Centennial project, that a sponsor is being sought for financing
in the amount of $2,600.00, and to assure that new flags may be purchased and
placed throughout the City on February 3, 1982, a check will go forth from the
flag fund to Mr. James E. Robertson, representing the Flag Co~ittee of the Roanoke
United Central Labor Council.
Mr. Garland moved that the briefing be received and filed and concurred
in. The motion was seconded by Mr. Landis and unanimously adopted.
ITEMS RECOMMENDED FOR ACTION: NONE.
CITY ATTORNEY:
JUVENILE AND DOMESTIC RELATIONS DISTRICT COURT-LEGISLATION: Council at
its meeting on Monday, January 4, 1982, having requested that the City Attorney
draft a Resolution approving Alternative D of a report of the City Manager under
date of December 28, 1981, in which certaim recommendations were made with regard
to various proposals for funding and administering the City's Juvenile and Domestic
Relations District Court Services Unit, he presented same; whereupon, Dr. Butler
offered the following Resolution:
(#25891) A RESOLUTION requesting the Gemeral Assembly to adopt appropria
legislation providing for one hundred per cent (100%) State reimbursement to the
City for the operation of its Juvenile and Domestic Relations District Court
Services Unit, while retaining local administrative control over the U~it.
(For full text of Resolution, see Resolution Book No. 47, page 153.)
Dr. Butler moved the adoptiom of the Resolution. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council members Landis, Thomas, Bowles, Butler, Garland, Harvey
and Mayor Taylor .............................................................. 7.
NAYS: None ......................................................... 0.
REPORTS OF COMMITTEES:
AIRPORT: A report of the Airport Advisory Co~m~ission regarding a
request from Air Virginia for additional counter space and operational space at
Roanoke Municipal Airport, Woodrum Field, advising that the Commission approved a
reco~endation by the administration to lease 360 square feet of space in Airport
Building No. 1 at $3.00 per square foot per year, payable in advance for the
entire year, was before Council.
463
464
ACTION:
ACTION:
ACTION:
It was noted that the Co~tssion and the City Administration are presemt]
reviewing Air Virginia's request for additional counter space, separate departure
room space and additional aircraft ~aintenance facilities.
(See report on file in the City Clerk's Office.)
Mr. Harvey moved that the following Ordinance be placed upon its first
reading:
(#25892) AN ORDINANCE providing for the lease by the City to Air
Virginia of office space in Building No. 1 at Roanoke Hunicipal Airport, Woodrum
Field.
(For full text of Ordinance, see Ordinance Book No. 47, page 158.)
The motion was seconded by Mr. Thomas and adopted by the following
vote:
AYES: Council members Landis, Thomas, Bowles, Butler, Garland, Harvey
and Mayor Taylor .............................................................. 7.
NAYS: None .......................................................... 0.
WAR ME~ORIAL: Council member Charles L. Landis, Chariman of the commtttE
appointed by the Mayor to study bids received for construction of the Roanoke
Valley War Memorial, City of Roanoke Project No. 20-18A, submitted a written
report of the co~m~ittee recommending the award of a lump sum contract to include
deduct Alternate 1 to Watts and Breakell, Incorporated, according to the contract
documents as prepared by Hayes, Seay, Mattern and Hattern, Architects, Engineers
and Planners, in the contract amount of $139,700 with completion scheduled for
May 21, 1982.
It was noted that funding of the project is provided by a one dollar
match by City to one dollar donations with the City's share not exceeding $100,000,
that the Roanoke Valley War Memorial Co~m~ittee has raised, in cash and pledges,
sufficient funds at this time to cover one-half of the total project budget, and
the donation match of $93,850 has been certified by the Director of Finance from
documentation of funds on hand, expenditures to date for overhead costs, and
written pledges.
Mr. Landis pointed out that any City funds not required for basic
construction may be used for providing remaining desired items for the Memorial
such as flagpoles, flags, or other appropriate items, said fonds to be subject to
matching funding from the War Memorial Co~-fttee, and an absolute limit of $100,000
and Council approval. Any Committee raised funds not required for basic construc-
tion may be used as match for flagpoles, flags or other appropriate items or
considered for use in the dedicatory service or for improvements to Veterans
Park.
It was also recommended that $78,850 be appropriated to the War Mem-
orial Account and set up a revenue account to be established by the Director of
Finance, due from War Memorial Committee, $78,850; transfer $73,850 from the
Capital Improvement Reserve - War Memorial Account No. A08310172510 to the War
Memorial Account No. A08110190400, this amount along with the previously transfer-
red $20,000 provides the City's one-half share of the $187,700 project budget to
provide for the basic construction; and stipulate that all funds of the Roanoke
Valley War Memorial Committee must be turned over to the City within 30 days of
the execution of the construction contract and that all payments received on
pledges be presented to the City within ten working days of their receipt by the
Committee until the sum of $78,850 is received by the City.
(See report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency budget ordinance:
(#25893) AN ORDINANCE to amend and reordain certain sections of the
1981-82 Capital Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 154.)
Mr. Landis moved the adoption of the Ordinance. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council members Landis, Thomas, Bowles, Butler, Garland, Harvey
and Mayor Taylor ................................................................ 7.
NAYS: None ........................................................... O.
Mr. Landis offered the following emergency Ordinance:
(#25894) AN ORDINANCE accepting the bid of Watts & Breakell, Inc., for
construction of the Roanoke Valley War Memorial, upon certain terms and conditions.
and awarding the 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; providing for the transfer of funds from the War Memorial
Committee to the City; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 154.)
ACTION:
ACTION:
ACTION:
Hr. Landis moved the adoption of the Ordinance. The motion was seconded by
Hrs. Bowles and adopted by the following vote:
AYES: Council members Landis, Thomas, Bowles, Butler, Garland, Harvey and
Mayor Taylor ............................................................ 7.
NAYS: None ...................................................... 0.
The Honorable Jack B. Coulter, Chairm-n of the War Memorial Cue~ittee,
appeared before Council and expressed appreciation to Miss Dorothy L. Gibboney for her
outstanding contributions in connection with the project. He also expressed appreciation
to the City Manager for his leadership, management and resourcefulness.
SEWERS AND STORM DRAINS: Council member Charles L. Landis, Chairman of the com-
mittee appointed by the Mayor to tabulate bids received for bond issue storm drain
project - Carver Avenue Storm Drain, submitted a written report of the co,~tttee
reco~nending that the low bid of Mullins & Jones, Incorporated, in the amount of
$164,463.25 be accepted, that a five per cent contingency in the amount of $8,230.00
be established, and that funds be transferred therefor.
(See report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency budget ordinance:
(#25895) AN ORDINANCE to amend and reordain certain sections of the 1981-
82 Capital Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 155.)
Mr. Landis moved the adoption of the Ordinance. The motion was seconded by
Dr. Butler and adopted by the following vote:
AYES: Council members Landis, Thomas, Bowles, Butler, Garland, Harvey and
Mayor Taylor ........................................................................ 7.
NAYS: None ............................................................... 0.
Mr. Landis offered the following emergency Ordinance:
(#25896) AN ORDINANCE accepting the bid of Mullins & Jones, Inc., for work
on the Carver Avenue Storm Drain Project, upon certain terms and conditions, and
awarding a contract therefor; authorizing the proper City officials to execute the
requisite contract for such work; rejecting all other bids made to the City for the
work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, Page 156.)
Mr. Landis moved the adoption of the Ordinance. The motion was seconded by
Dr. Butler and adopted by the following vote:
AYES: Council members Landis, Thomas, Bowles, Butler, Garland, Harvey and
Mayor Taylor ......................................................................... 7.
NAYS: None ................................................................ O.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
SALE/PURCHASE OF PROPERTY-CITY MARKET-DOWNTOWN ROANOKE-CENTURY PROJECT:
Ordinance No. 25886 authorizing the appropriate City officials to execute and deliver
a deed and party wall agreement with the Western Virginia Foundation for the Arts and
Sciences, providing for the City's conveyance to that firm of real estate lying on the
south side of Campbell Avenue, under certain terms and conditions, having previously
been before the Council for its first reading on Monday, January 4, 1982, read and
adopted on its first reading and laid over, was again before the body, Dr. Butler
offering the following for its second reading and final adoption:
(#25886) AN ORDINANCE authorizing the appropriate City officials to execute
and deliver a deed and party wall agreement with the Western Virginia Foundation for
the Arts and Sciences, providing for the City's conveyance to that firm of real estate
lying on the south side of Campbell Avenue, Roanoke, Virginia, under certain terms and
conditions.
(For full text of Ordinance, see Ordinance Book No. 47, page 153.)
Dr. Butler moved the adoption of the Ordinance. The motion was seconded by
Mr. Thomas and adopted by the following vote:
AYES: Council members Landis, Thomas, Bowles, Butler, Garland, Harvey and
Mayor Taylor ......................................................................... 7.
NAYS: None ................................................................ O.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: NONE.
465
0TIlEH NEARIN~$ OF CITIZENS:
DOGS-LICENSES-TAXES: Ms. Bonnie J. Hall, 3602 Wilmont Avenue, N. W.; Ms.
Sharon Conley, 610 Walnut Avenue, S. W.; and Ms. Judy Taylor, 3611 Troutland Avenue,
N. ~., appeared before Council and requested that the City investigate the requirement
for a business license in order to obtain a kennel license.
The Mayor suggested that the matter be referred to the City Manager and the
City Attorney to meet with interested parties and submit a report to Council at its
regular meeting on Honday, January 25, 1982.
At 8:55 p.m., the Mayor declared the meeting recessed.
At 10:00 p.m., the meeting reconvened in the Council Chnmher, with Mayor
Taylor presiding and all members of the Council present.
There being no further business, the Mayor declared the meeting adjourned
at 10:00 p.m.
APPROVED
City Clerk Mayor
P~GIJIAR ~EF. KL¥ SESSION ...... ROANOK/ CITY COUNCIL
January 25, 1982
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the Council Co~mber
in the Hunicipal Build/n/, City of Roanoke, on Honday, January 25, 1982, at 2:00 p.m., the
regular meetin$ hour, with Mayor Noel C. Taylor presiding.
PRESENT: Council members Hampton W. Thomas, Elizabeth T. Bowles, Wendell H.
Butler, Robert A. Garland, James G. Harvey, II, Charles L. Landis and Mayor Noel C.
Taylor ................................................................................... ?.
ABSENT: None .................................................................. 0.
OFFICERS PRESENT: Hr. H. B. E~ert, City Hanager; Mr. Wo Robert Herbert, Assistant
City Hanager; Mr. Wilburn C. Dibltng, Jr., City Attorney; Mr. 2oel M. Schlanger, Director
of Finance; and Mrs. Mary F. Parker, City Clerk.
The invocation was delivered by Rabbi Cary D. Kozberg, Beth Israel Synagogue.
The Pledge of Allegiance to the Flag of the United States of America was led by
Mayor Taylor.
CONSENT AGENDA
ACTION:
ACTION:
ACTION:
ACTION:
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the City Council and would be enacted by one motion
in the forms listed on the agenda, and if discussion was desired, that item would
be removed from the Consent Agenda and considered separately. He noted that
included on the Consent Agenda were Executive Sessions to discuss personnel
matters and a real estate matter.
MINUTES: Minutes of the regular meeting of Council held on Monday,
January 4, 1982, were before the body.
(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 Thomas, Bowles, Butler, Garland, Harvey, Landis,
and Mayor Taylor ............................................................... 7.
NAYS: None .......................................................... O.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters, was before the body.
(For full text, see co~,nication on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the request. 'The motion was
seconded by Hr. Harvey and adopted by the following vote:
AYES: Council members Thomas, Bowles, Butler, Garland, Harvey, Landis,
and Mayor Taylor ............................................................. 7.
NAYS: None ........................................................ O.
COUNCIL: A report of the City Manager requesting an Executive Session
to discuss a personnel matter, 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. The motion
was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Thomas, Bowles, Butler, Garland, Harvey, Landis,
and Mayor Taylor .............................................................. 7.
NAYS: None .......................................................... 0.
COUNCIL: A report of the City Mm~ager requesting an Executive Session
to discuss a real estate matter, 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. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Thomas, Bowles, Butler, Garland, Harvey, Landis,
and Mayor Taylor ............................................................... 7.
NAYS: None .......................................................... 0,
467
468
ACTION:
ACTION:
ACTION:
ACTION:
COUNCIL: A report of the Director of Real Estate Valuation requesting
an Executive Session to discuss a personnel matter, was before the body.
(For full text, see report on file im the City Clerk's Office.)
Hrs. Bowles moved that Council concur in the request. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Thomas, Bowles, Butler, Garland, Harvey, Landis
and Mayor Taylor ............................................................. 7.
NAYS: None ......................................................... O.
INDUSTRIES: The qualification of Mr. Russell O. Hannabass as a Director
of the Industrial Development Authority of the City of Roanoke, Virginia, for a
term of four years ending October 20, 1985, was before Council.
(See Oath of Office on file in the City Clerk's Office.)
Hrs. 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 Thomas, Bowles, Butler, Garland, Harvey, Landis
and Mayor Taylor ............................................................... 7.
NAYS: None .......................................................... 0.
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
TAXES-ROANOKE MEMORIAL HOSPITALS: Mr. Edmond A. Damus, 1920 Deyerle
Road, S. W., appeared before Council and expressed concern over tax exempt proper-
ties in the City and suggested that Council publish a list of all tax exempt
property in the City of Roanoke and the owner thereof, determine the function of
each such property, determine what the tax exempt status should be, and forward
bills accordingly.
(See transcript of Mr. Damus' remarks on file in the City Clerk's Office.)
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A co~unication from the Roanoke City School Board
requesting that $14,704.22 be appropriated to Public Law 874 program; and advising
that the School Board endorsed the City's position regarding the proposed APCO
rate increase and voted to add only thirteen per cent to APCO bills received
after January 1, 1982, was before Council.
(For full text, see co~nunication on file in the City Clerk's Office.)
In this connection, a report of the Director of Finance advising that
funding for Public Law 874 1981-82 will be 100 per cent federally funded and
recommending that Council concur in the request, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas offered the following emergency Ordinance:
(#25897) AN ORDINANCE to amend and reordain certain sections of the
1981-82 Grant Programs Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 158.)
Mr. Thomas moved the adoption of the Ordinance. The motion was seconded
by Dr. Butler and adopted by the following vote:
AYES: Council members Thomas, Bowles, Butler, Garland, Harvey, Landis
and Mayor Taylor ............................................................... 7.
NAYS: None .......................................................... 0.
AIRPORT-REHABILITATION CENTERS: Mr. Robert G. Jones, 802 Second Street,
S. Wo, appeared before Council and requested funding for an observatory and a
solar collector and batteries on the roof of the main building at Roanoke Municipal
Airport, Woodrum Field; and funding for a halfway house for men.
Mr. Jones requested that he be permitted to return to Council at a
later date with specifics on the halfway house for men.
Mr. Landis moved that the matters be taken under consideration. The
motion was seconded by Mr. Harvey and unanimously adopted.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
469
ACTION:
ACTION:
ACTION:
ACTION:
ITEMS RECC/giENDED FOR ACTION:
HOUSING: The City Manager submitted a writtem report recommending
authorization to execute an agreement with the Department of Housing and Urban
Development to continue the City's participation in the Section 810 portion of
the Urban Homesteading Program, advising that HUD has approved an allocation of
$70,000 to Roanoke in fiscal year 1982 (October 1, 1981-September 30, 1982), and
has submitted a revised Agreement for the City's execution, that the $70,000
could allow acquisition of three to five houses, depending on the average cost.
Hr. Ewert noted that the grant from HUD for this program does not provide any
funds directly to the City, that basically HUD uses the allocation to pay itself
or the VA for houses on which they have foreclosed, and if agreed to by the City,
these houses are given, free of cost, to the Roanoke Redevelopment and Housing
Authority for Roanoke's Homesteading Program.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler offered the following emergency Ordinance:
(#25898) AN ORDINANCE authorizing the City Manager to execute an Urban
Homesteading Agreement with the United States Department of Housing and Urban
Development; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 159.)
Dr. Butler moved the adoption of the Ordinance. The motion was seconded
by Mr. Landis and adopted by the following vote:
AYES: Council members Thomas, Bowles, Butler, Garland, Landis and
Mayor Taylor ................................................................. 6.
NAYS: None ....................................................... O.
(Council member Harvey was out of the Council Chamber.)
PUBLIC WORKS: The City Manager submitted a w~itten report advising
that on January 20, 1982, the Street Maintenance Department advised that the rock
salt inventory had decreased to 1,000 tons, that emergency purchase of 1200 tons
of rock salt was made on January 20, 1982, from International Salt Company and
Morton Salt Company, recommending that Council concur in the purchase of 1200
tons of rock salt, in the amount of $40,558.00, and that $40,558.00 be transferred
from the General Fund Contingency Account to Snow and Ice Removal to provide funds
for the purchase.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas offered the following emergency Ordinance transferring the
requested funds:
(#25899) AN ORDINA~CE to amend and reordain certain sections of the
1981-82 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, Page 159.)
Mr. Thomas moved the adoption of the Ordinance. The motion was seconded
by Mr. Landis and adopted by the following vote:
AYES: Council members Thomas, Bowles, Butler, Garland, Harvey, Landis
and Mayor Taylor ................................................................ 7.
NAYS: None ............................................................ O.
Mr. Thomas offered the following Resolution ratifying the emergency
purchase of rock salt:
(#25900) A RESOLUTION ratifying the emergency purchase of rock salt.
(For full text of Resolution, see Resolution Book No. 47, page 160.)
Mr. Thomas moved the adoption of the Resolution. The motion was seconds
by Mr. Landis and adopted by the following vote:
AYES: Council members Thomas, Bowles, Butler, Garland, Harvey, Landis
and Mayor Taylor ................................................................ 7.
NAYS: None ........................................................... O.
COMPLAINTS-DOGS: Council at its regular meeting on Monday, January 11,
1982, having requested that the City Manager and the City Attorney submit a
report in regard to dog tag fees and kennel licenses, the City Manager and the
City Attorney submitted a joint written report transmitting background information
and alternatives for the consideration of Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis moved that Council retain the current fees for various types
of dog licenses and kennel licenses as more fully set forth in Ordinance No.
25648. The motion was seconded by Mrs. Bowles.
47O
ACTION:
ACTION:
Hrs. Judy Taylor, 3611 Troutland Avenue, N. W.; Hr. Belford R. Jones,
2444 Memorial Avenue, S. W.; Mrs; Michael J. Wolf, 4826 Peachtree Drive; Hr.
Donald Bunce, 2407 Howard Avenue, N. E.; end Hrs. Alton G. Forbes, 3712 Hichigan
Avenue, N. W., appear~ before Council and spoke in support of retaining the fees
that were in effect on December 31, 1981, and prior thereto, as follows:
Dog tag - $5.00
Kennel license - (in lieu of dog tags)
up to 25 dogs - $ 15.00
up to 50 dogs - $ 25.00
Petitions signed by approximately 228 persons requesting that Council
eliminate the requirement whereby a hobby breeder or non-business kennel owner
must first obtain a business license in order to obtain a kennel license, were
before the body.
(See petitions on file in the City Clerk's Office.)
There was discussion in regard to establishing a grandfather clause for
all persons possessing a valid kennel license on December 31, 1981; whereupon,
the City Manager advised that his reco~endation to Council is that the fees and
provisions set forth in Ordinance No. 25648 be retained.
Hr. Garland offered a substitute motion that Council establish a grand-
father clause for all persons possessing a valid kennel license on December 31,
1981, that would be non-transferable by applicant and non-transferable by residen-
tial address. The motion was seconded by Dr, Butler and lost by the following
vote:
AYES: Council members Butler, Garland and Mayor Taylor ............ 3.
NAYS: Council members Bowles, Harvey, Landis and Thomas ........... 4.
The original motion to retain the current fees for various types of dog
licenses and kennel licenses as set forth in Ordinance No. 25648 was adopted by
the following vote:
AYES: Council members Bowles, Harvey, Landis and Thomas ............ 4.
NAYS: Council members Butler, Garland and Mayor Taylor ............. 3.
At 3:50 p.m., the Mayor declared the meeting recessed.
At 4:00 p.m., the meeting reconvened in the Council Chamber with Mayor
Taylor presiding and all members of the Council present.
SEWERS AND STORM DRAINS-BUDGET: The City Manager submitted a written
report advising that Council authorized conditional award of a contract to Boxley
Construction Company for the construction of the Vinton Pumping Station, in the
amount of $464,700,00, on December 7, 1981, conditioned on approval by the
Environmental Protection Agency of the use of existing grant funds in a minimum
amount of 75% of eligible costs for the construction of the pumping station,
noting that the City received confirmation in a telephone call from the
Protection Agency on Thursday, January 21, 1982, that award of the grant funds
had been approved, recommending that $550,245.00 be appropriated in the Sewer
Fund to the existing Vinton Connection Facility account. Mr. Ewert advised that
the Environmental Protection Agency will reimburse 75% of eligible expenses in
the approximate amount of $491,400.00, end the Town of Vinton will reimburse all
additional project expenditures in the approximate amount of $163,845.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#25901) AN ORDINANCE to amend and reordain certain sections of the
1981-82 Sewage Treatment Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 47, Page 160.)
Mr. Landis moved the adoption of the Ordinance. The motion was seconded
by Mr. Thomas and adopted by the following vote:
AYES: Council members Thomas, Bowles, Butler, Garland, Harvey, Landis
and Mayor Taylor ............................................................... 7.
NAYS: None .......................................................... 0.
CITY ATTORNEY:
BUSES-SPECIAL PERMITS: The City Attorney submitted a written report
advising that on December 28, 1981, Council adopted Ordinance No. 25868 which
amended or repealed ten sections of the City Code in order to provide for the
regulation of van service vehicles, that in his report to Council, which accompani~
the ordinance, the City Manager recomm~ended that the City Code be amended to
delete the requirement that public vehicles must be owned rather than leased,
that this requirement is contained in two separate sections of the City Code and
inadvertently the ordinance provided for the repeal of only one of those sections,
ACTION:
ACTION:
ACTION:
ACTION:
recommending that the oversight be corrected by adopting an ordinance which
provides for repeal of Section 34-78, .Rentin~ or leasin~ vehicles prohibited.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas offered the following emergency Ordinance:
(#25902) AN ORDINANCE repealing Section 34-78, Rentin~ or leasin~
vehicles prohibited, in order to delete the requirement that public vehicles must
be owned by the person in the business of transporting passengers for hire; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 161.)
Mr. Thomas moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Thomas, Bowles, Butler, Garland, Harvey, Landis
and Mayor Taylor ........................................................... 7.
NAYS: None ........................................................ 0.
HOUSING: The City Attorney submitted a written report with regard to
whether or not a Co~issioner of the City of Roanoke Redevelopment and Housing
Authority who was a City resident at the time of appointment may continue to
serve if residence is taken up outside the City, advising that the Virginia
Housing Authorities Law is silent as to any requirement that the commissioners of
a local housing authority be residents of the jurisdiction served by that authorit
that Section 2-281(b), Code of the City of Roanoke (1979), as amended, however,
does restrict membership of authorities appointed by City Council to residents of
the City, except where otherwise required "for a specific reason or an unusual
circumstance". Mr. Dibling advised that the Code is silent as to what happens
when a member of an authority who was a resident of the City at the time of
appointment moves out of the City and it is his opinion that in such circumstance,
Council should make a determination, under the criteria set out in Section
2-281(b), as to whether or not the person should continue to serve as a member of
the authority.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler offered the following Resolution:
(#25903) A RESOLUTION reconfirming the appointment of Mrs. Jo Anne
Justis as a Co~issioner of the City of Roanoke Redevelopment and Housing Authorit
to fill an unexpired term on the Commission of such Authority and waiving the
requirement of City residency.
(For full text of Resolution, see Resolution Book No. 47, page 161.)
Dr. Butler moved the adoption of the Resolution.
seconded by Mr. Garland and adopted by the following vote:
The motion was
AYES: Council members Thomas, Bowles, Butler, Garland, Harvey, Landis,
and Mayor Taylor ............................................................... 7.
NAYS: None ......................................................... O.
LEGISLATION-CHARTER: The City Attorney submitted a written report
concerning pending legislation.
(For full text, see report om file in the City Clerk's Office.)
Mr. Garland moved that the report be received and filed. The motion
was seconded by Mr. Harvey and unanimously adopted.
DIRECTOR OF FINANCE:
MARKET-GRANTS: The Director of Finance submitted a written report
recommending the close-out of the City Market grant, noting that the total
appropriation for this grant was $30,000 of which all funds were state grant
receipts from the Virginia Historic Landmarks Commission, that total funding
received and total expenditures equaled $30,000. Mr. Schlanger pointed out that
the grant enabled the completion of a rehabilitation and reuse study of the City
Market Building which included a preliminary market analysis architectural plan
and cost estimates, a leasing plan, a financing plan, background information for
the preparation of marketing materials and a construction financing plan for the
City Market Building.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas moved that the report be received and filed. The motion was
seconded by Mr. Landis and unanimously adopted.
BUDGET-CITY EMPLOYEES: The Director of Finance submitted a written
report concerning personnel lapse for the second quarter, advising that the total
budgeted salary and wage lapse remaining will be as follows:
471
472
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
Original Budgeted
$ 500,000
First Quarter Lapse Realized
(143,748)
Second Quarter Lapse Realized
(184~000)
~u~t to be Realized
$ 172~252
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#25904) AN ORDINANCE to amend and reordain certain sections of the
1981-82 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 162.)
Mr. Landis moved the adoption of the Ordinance. The motion was seconded
by Mr. Thomas and adopted by the following vote:
AYES: Council members Thomas, Bowles, Butler, Garland, Harvey, Landis
and Mayor Taylor ............................................................... 7.
NAYS: None .......................................................... 0.
Mr. Landis moved that the City Manager be requested to make every
effort to increase the amount of the third and fourth quarter personnel lapse
funds, and to leave as many positions as possible vacant through the fourth
quarter of the present budget year. The motion was seconded by Mr. Harvey and
unanimously adopted.
AUDITS: The Director of Finance presented the financial report for
the month of December, 1981.
(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 unanimously adopted.
Mr. Thomas moved that the City Manager and the Director of Finance
be requested to submit a detailed report in regard to the Enterprise Funds at the
February 16, 1982, Financial and Planning Session. The motion was seconded by
Mr. Landis and unanimously adopted.
REPORTS OF COI~iITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
ZONING: Ordinance No. 25889 rezoning property fronting on the easterly
side of Belleview Avenue, S.E., and the southerly side of Thyme Street, S.E.,
described as a tract of land containing .65 acre, Official Tax No. 4050101, a
tract of land containing 3.3 acres, Official Tax NO. 4050102, Lots 4, 5 and 6,
Block 7, Mill Mountain Court, Official Tax Nos. 4041901, 4041902, 4041903, and
Lots 6 - 12, inclusive, Block 8, Mill Mountain Court, Official Tax Nos. 4041904 -
4041910, inclusive, from RS-3, Single-Family Residential District, to C-l, Office
and Institutional District, subject to certain conditions, having previously been
before the Council for its first reading on Monday, January 11, 1982, 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:
(#25889) AN ORDINANCE to amend Sections 36-3 and 36-4, Code of the
City of Roanoke (1979), as amended, and Sheet Nos. 404 and 405, Sectional 1976
Zone Map, City of Roanoke, in relation to Zoning, subject to certain conditions.
(For full text of Ordinance, see Ordinance Book No. 47, page 156.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was seconde
by Dr. Butler and adopted by the following vote:
AYES: Council members Thomas, Bowles, Butler, Garland, Harvey and
Landis ......................................................................... 6.
NAYS: None ........................................................... 0.
(Mayor Taylor abstained from voting because he serves on the Board of Directors
of Roanoke Memorial Hospitals.)
TAXES-LICENSES: Ordinance No. 25890 amending the City Code to change
the method and rate of license taxation for itinerant merchants and peddlers,
effective January 1, 1982, having previously been before the Council for its
first reading on Monday, January 11, 1982, read and adopted on its first reading
and laid over, was again before the body, Mr. Garland offering the following for
its second reading and final adoption:
(#25890) AN 0RDINA~¢E a~e~dlng Section 19-81, Wholesale Herchant, and
Article III, Special License T~ation, of Chapter 19~ License T~ Code, o~ the
Code of the City of ~anoke (1979), as ~uded, by addin8 ne~ Secti~ 19-81.1,
Itiner~t ~rch~ts ~d Peddlers~ in order to ch~Se the ~thod ~d rate of
license t~ation for itiner~t ~rch~ts ~d peddlers; ~d providinS for ~
effective date of this ordin~ce.
(For full text of Ordinance, see Ordinance Book No. 4?, page 157.)
Hr. Garland moved the adoption of the Ordinance. The motion was seconde~
by Dr. Butler and adopted by the follo~ng vote:
AYES: Council members Thomas, Bowles, Butler, Garland, Harvey, Landis
and Mayor Taylor ............................................................. 7.
NAYS: None ......................................................... 0.
ACTION:
AIRPORT: Ordinance No. 25892 providing for the lease by the City to
Air Virginia of office space in Building No. 1 at Roanoke Municipal Airport,
Woodrum Field, having previously been before the Council for its first reading on
Monday, January 11, 1982, 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:
(#25892) AN ORDINANCE providing for the lease by the City to Air
Virginia of office space in Building No. 1 at Roanoke Municipal Airport, Woodrum
Field.
(For full text of Ordinance, see Ordinance Book No. 47, Page 158.)
Mr. Harvey moved the adoption of the Ordinance. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Thomas, Bowles, Butler, Garland, Harvey, Landis
and Mayor Taylor ............................................................... 7.
NAYS: None .......................................................... 0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR CO~fi~ENTS BY THE MAYOR AND MEMBERS OF COUNCIL: NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 4:25 p.m., the Mayor declared the meeting recessed.
At 6:00 p.m., the meeting reconvened in the Council Chamber with Mayor
Taylor presiding and all members of the Council present.
AIRPORT: The City Manager submitted a written report recommending that
the administration be authorized to make a proposal to the Federal Aviation
Administration for their lease from the City of approximately 9,892 square feet
in Building No. 1 at Roanoke-Municipal Airport, Woodrum Field, for a centralized
flight service station, and parking space for 100 cars within 750 feet of this
building, for $1.00 per year, for a term expiring May 1, 2004, with the FAA to
pay all costs of expansion, renovation, maintenance and insurance with respect to
its occupancy of this property.
ACTION:
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following Resolution:
(#25905) A RESOLUTION authorizing the appropriate City officials to
make a certain proposal to the Federal Aviation Administration for their lease
from the City of Airport Building No. 1 for a centralized flight service station.
(For full text of Resolution, see Resolution Book No.
Mr. Harvey moved the adoption of the Resolution. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Thomas, Bowles, Butler, Garland, Harvey, Landis
and Mayor Taylor ............................................................... 7.
NAYS: None .......................................................... 0.
There being no further business, the Mayor declared the meeting adjourned
at 6:05 p.m.
APPROVED
ATTEST:
City Clerk
Mayor
473
474
REGULAR WEEK~¥ SESSION ..... ROANOKE GITY COUNCIL
February 1, 1982
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the Council Chamber
in the Municipal Building, City of Roanoke, on Monday, February 1, 1982, at 2:00 p.m., the
regular meeting hour, with Mayor Noel C. Taylor presiding.
PRESENT: Council members Elizabeth T. Bowles, Wendell H. Butler, Robert A.
Garland, James G. Harvey, II, Charles L. Landis, Hampton W. Thomas (arrived at approximately
2:10 p.m.), and Mayor Noel C. Taylor ................................................... 7.
ABSENT: None ............................................................... 0.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. W. Robert Herbert, Assistant
City Manager; Mr. Wilburn C. Dibling, Jr., City Attorney; Mr. Joel M. Schlanger, Director
of Finance; and Mrs. Mary F. Parker, City Clerk.
The invocation was delivered by the Reverend Albert A, Peverall, Pastor, First
Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America was led by
Mayor Taylor.
PROCLAMATIONS: The Mayor issued a proclamation declaring the week of February
7 - 13, 1982, as Virginia Junior Miss Week in the City of Roanoke.
(For full text, see proclamation on file in the City Clerk's Office.)
BID OPENINGS:
ACTION:
SEWERS AND STORM DRAINS: Pursuant to notice of advertisement for
bids for construction of the Hershberger Road storm drain, Hazelridge Road to
Deiray Street and Hubert Road/W~itney Avenue, said proposals to be received by
the City Clerk until 1:30 p.m., Monday, February 1, 1982, and to be opened and
read at 2:00 p.m. before the Council, or as soon thereafter as the matter could
be heard, the Mayor asked if anyone had any questions about the advertisement
for bids and no representative present raising any question, the Mayor advised
that the City Clerk had informed him that a bidder planned to appear before Counci2
in regard to the possible filing of a bid nine minutes past the deadline of 1:30
p.m. for receipt of bids, and inquired of the City Attorney if the bid could be
received, opened and read under those conditions.
The City Attorney advised that when a bid has been submitted late, it
has been the practice of Council not to consider that bid, and to consider a late
bid could impune the integrity of the entire bidding process.
A prospective bidder appeared before Council and advised that bidders
were instructed to attend a pre-bid conference which was held on January 20,
1982, that there were seven or eight prospective bidders in attendance and
inquired if the City intends to consider bids submitted by bidders who were not
present at the pre-construction conference.
The Mayor called upon the City Attorney for a legal opinion; where-
upon, the City Attorney requested that Council delay opening of the bids until a
later time during the Council meeting in order that he could research the question
Later during the meeting, the City Attorney advised that it is the
ordinary case that the pre-construction meeting is for informational purposes
only, that there is nothing unusual about this project, that there is nothing
which would prohibit any of the bidders from going to the location and viewing
the site, that the City always reserves the right to waive any omissions that
are not material, that he does not deem this matter to be a material omission end
Council has the authority to consider all of the bids if that be the desire of
Council.
Mr. Landis moved that omission to attend the pre-construction meeting
be waived. The motion was seconded by Mr. Garland and unanimously adopted.
At approximately 2:10 p.m., Council member Thomas entered the meeting.
The Mayor then instructed the City Clerk to proceed with the opening
of the bids; whereupon, the City Clerk opened and read the following bids:
ACTION:
ACTION:
Name Bas_~e Altermat~e
Branch & Associates, Inc.
Ramey, Inc.
Seaboard Contractors, Inc.
H. A, Hart Construction, Inc.
E. C. Pace Company, Inc.
F. L. Showalter, Inc.
Hatch, Inc.
Stamte E. Lyttle Co., Inc.
Aaron J. Conner General
Contractor, Inc.
N. J. Schneider Construction, Inc.
Wiley N. Jackson Company
Prillaman & Pace, Inc.
Preston Carroll Company, Inc.
E. F. Blankenship Company
$ 598 681.26
694,486.00
698 842.88
717,000.00
746~496,00
782,359.00
797,614.00
817 668.70
+$ 299,000.00
+ 179,400.00
+ 237,196.70
NO Bid
+ 41,860.00
+ 120.00
+ 149,500.00
+ 91,494.00
863,914.50 + 89,700.00
886,452.70 + 108,537.00
1,033,111.50 NO Bid
1,033,880.00 ~ 34,086.00
1,138,650.55 + 149,500.00
1,147,585.00 - 59,800.00
Dr. Butler moved that the bids be referred to a committee to be appointed
by the Mayor for tabulation~ report and recommendation to Council. The motion
was seconded by Mr. Harvey and adopted.
The Mayor appointed Messrs. Charles L. Landis, Chairman, Thomas F.
Brady and Richard B. Burrow as members of the committee.
CONSENT AGENDA:
ACTION:
ACTION:
ACTION:
ACTION:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the City Council and would be enacted by one
motion in the forms listed on the agenda, and if discussion was desired, that
item would be removed from the Consent Agenda and considered separately. He
noted that there was one request for an Executive Session to discuss personnel
matters and two requests for an Executive Session to discuss matters of potential
litigation.
MINUTES: Minutes of the regular meeting of Council held on Monday,
January 11, 1982, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Dr. Butler moved that the reading of the minutes be dispensed with and
that the minutes be approved as recorded. The motion was seconded by Mr. Garland
and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, and
Mayor Taylor .................................................................. 6.
NAYS: None ......................................................... 0.
(Council member Thomas had not arrived at the meeting.)
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters, was before the body.
(For full text, see co~,nication on file in the City Clerk's Office.)
Dr. Butler moved that Council concur in the request. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, and
Mayor Taylor .................................................................. 6.
NAYS; None .......................................................... 0.
(Council member Thomas had not arrived at the meeting.)
COUNCIL: A report of the City Manager requesting an Executive Session
to discuss a matter of potential litigation, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler moved that Council concur in the request. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, and
Mayor Taylor .................................................................. 6.
NAYS: None .......................................................... O.
(Council member Thomas had not arrived at the meeting.)
COUNCIL: Council member Charles L. Landis orally requested an Executive
Session to discuss a matter of potential litigation.
Mrs. Bowles moved that Council concur in the request. The motion was
seconded by Mr. Garland and adopted by the following vote:
475
476
AYES: Council members Bowles, Butler, Garland, Harvey, l~-dis, and
Nayor Taylor ............................................................... 6.
NAYS: None ....................................................... -0.
(Council member Thomas had not arrived at the meeting.)
REGULAR AGENDA:
ACTION:
ACTION:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
TOTAL ACTION AGAINST POVERTY IN THE ROANOKE VALLEY: Mr. Benjamin F.
Bray, Director of Training, H-m~n Services, Total Action Against Poverty in the
Roanoke Valley, appeared before Council and presented a progress report on
TAP's activities in Roanoke City during this funding year.
(See written material on file im the City Clerk's Office.)
Mr. Garland moved that the report be received and filed. The motion
was seconded by Dr. Butler and unanimously adopted.
PETITIONS AND COMMUNICATIONS:
BUDGET-GRANTS-SCHOOLS: A communication from the Roanoke City School
Board requesting that Council close out nineteen school grants as follows:
APPROPRIATION
INCREASE
(DECREASE)
Title I Carryover 79-80
ESEA IV-C In School Suspension 79-80
ESEA IV-C CAP 79-80
ESEA IV-C STAY 80-81
ESAA Title VI 80-81
ESAA Special Arts 79-80
ESAA Title VII 79-80
CETA VI Community Education 80-81
Child Development Clinic 80-80
Bureau of Crippled Children 80-81
Roanoke Memorial Hospital 80-81
Juvenile Detentiun Home 80-81
Flow Through 80-81
Special Education In Service 80-81
Flow Through 79-80
Apprenticeship 80-81
Vocational Guidance 80-81
Architect in Schools 80-81
Indochinese Refugee Program 80-81
(118.87)
(9,961.46)
2.99
.35
(6,916.73)
(308.84)
1,112.62
1,470.40
177.06
775.07
(320.38)
40.19
(12,387.42)
(852.45)
$(27,287.47)
was before the body.
(For full text, see communication on file in the City Clerk's Office.)
A report of the Director of Finance recommending that Council concur
in the request, was also before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#25906) AN ORDINANCE to amend and reordain certain sections of the
1981-82 Grant Programs Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 163.)
Mr. Landis moved the adoption of the Ordinance. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................... 7.
NAYS: None .......................................................... 0.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
ACTION:
ACTION:
ACTION:
CIVIC CENTER: The City Manager submitted a written report recommending
that he be authorized to execute a contract with Wiley and Wilson, Architects-
Engineers-Planners of Lynchburg, Virginia, for professional services to design
new chillers and related work at the Roanoke Civic Center, for the sum of
$29,900.00 and five weeks for completion of contract doc-~uts.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#25907) AN ORDINANCE authorizing the City Manager to enter into a
contract with Wiley and Wilson, Architects-Engineers-Planners, of Lynchburg,
Virginia, to design and perform related work with regard to chillers at the
Civic Center; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 165.)
Mr. Landis moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and MAyor Taylor ............................................................... 7.
NAYS: None .......................................................... 0.
GRANTS-MARKET-FIRE DEPARTMENT-DOWNTOWN ROANOKE: The City Manager
submitted a written report recommending authorization to execute certain amendment~
to the grant agreement with the Department of Housing and Urban Development for
rehabilitation of the Market Building and Fire Station, said amendments being
that dates were revised for the commencement and completion of all work on the
two structures; and provided for a time extension on the submission of evidentiary
materials from December 1, 1981, to March 1, 1982.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(#25908) A RESOLUTION authorizing the City Manager to execute certain
amendments to the Urban Development Action Grant (UDAG) agreement pertaining to
the City Market and Fire Station No. 1 development.
(For full text of Resolution, see Resolution Book No. 47, page 166.)
Mrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Land/s, Thomas
and Mayor Taylor .............................................................. 7.
NAYS: None ......................................................... 0.
BRIDGES: The City Manager submitted a written report recommending
authorization to execute Change Order No. 1, for the sum of $2,720.00, to the
contract with Hayes, Seay, Mattern and Mattern for design services for the
Franklin Road River Bridge, as follows:
CONTRACT AMOUNT, AS AMENDED
$ 18,880.00
Updating of contract documents to
include use of light weight concrete
deck with epoxy coated reinforcing
bars
+ $ 1,000.00
Additional engineering work due to
rusting on several beams and
girders and d~nge in two piers
+ $ 1~720.00
Contract amount including Change Order
No. 1
$ 21,600.00
Additional time resulting from Change
Order No. 1
None
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler offered the following emergency Ordinance:
(#25909) AN ORDINANCE approving the City Manager's issuance of Change
Order No. 1 to the City's contract with Hayes, Seay, Mattern & Mattern, Architects-
Engineers, in connection with improvements to the Franklin Road Bridge; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 166.)
Dr. Butler moved the adoption of the Ordinance. The motion was seconded
by lb. Thomas and adopted by the following vote:
477
478
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
AYES: Cotmcil members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ......................................................... 7.
NAYS: None ....................................................... -0.
SALE/PURCHASE OF PROPERTY-SEWERS AND STORI{ DRAINS: The City Manager
submitted a written report recommending the acquisition of property identified
as Official Tax No. 1211105 from Mr. Scott W. Bs,,mnn, for the sum of $500.00,
needed for construction of a bond issue storm drain project on 14th Street and
Jackson Avenue, S. W.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas offered the following emergency Ordinance transferring
$500.00 from Public Improvement Bond Issue Account No. A08310172601, Storm
Drains, to Account No. A08220192500, Storm Drain Project No. VIII:
(#25910) AN ORDINANCE to amend and reordain certain sections of the
1981-82 Capital Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 167.)
Mr. Thomas moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor .............................................................. 7.
NAYS: None .......................................................... O.
Mr. Landis offered the following emergency Ordinance:
(#25911) AN ORDINANCE providing for the City's acquisition of Lot 29,
Block 4, R. J. Wright Map, bearing Official Tax No. 1211105, Roanoke, Virginia;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 167.)
Mr. Landis moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................... 7.
NAYS: None .......................................................... O.
CITY ATTORNEY:
LEGISLATION: The City Attorney submitted a written report in regard
to House Bills 80, 113, 167; House Joint Resolution 17; Senate Bills 2 and 99;
and Fees of Clerk of Circuit Court.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis moved that Council concur in the recommendations of the
City Attorney. The motion was seconded by Mr. Thomas and unanimously adopted.
DIRECTOR OF FINANCE:
BILLINGS AND COLLECTIONS-TREASURER: The Director of Finance and
the City Treasurer submitted a joint written report reco~nending a proposed
merger of cash collections of the Offices of Billings and Collections and
the City Treasurer, noting that implementation will be gradual with full
implementation expected on July 1, 1982.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that Council concur in the recommendation. The
motion was seconded by Mr. Thomas and unanimously adopted.
DIRECTOR OF REAL ESTATE VALUATION:
DIRECTOR OF REAL ESTATE VALUATION: The Director of Real Estate Valuatim
appeared before Council and presented a briefing on reassessment of real property
for fiscal year 1982-83.
(For full text, see written statement on file in the City Clerk's Office.)
Mrs. Bowles moved that the statement be received and filed. The
motion was seconded by Dr. Butler and unanimously adopted.
CITY CLERK:
SCHOOLS: The City Clerk submitted a written report advising of the
expiration on June 30, 1982, of the three year terms of Messrs. James A. Allison,
Jr., George E. May and Lewis M. Nelson, Jr., as School Board trustees, that
pursuant to Ordinance No. 24409 setting forth the procedure to be followed in
electing School Board trustees, applications for the three vacancies will be
received in the City Clerk's Office until 5:00 p.m., on Wednesday, March 10,
1982.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
Mr. Garland moved that the report be received and filed. The motion
was aeconded by Hr. Harvey and unanimously adopted.
REPORTS OF CO~flilTTEES:
LIBRARIES-CENTURY PROJECT: Council member Charles L. Landis, Chairman
of the committee appointed by the Hayor to tabulate bids received for construction
of the Williamson Road Branch Library Addition, Century Project No. 13-04,
submitted a written report of the committee, reco~ending that the low bid of
Avis Construction Company, Incorporated, including base bid plus alternates 1, 2
and 3 in the amount of $153,000.00, and a construction time of 228 consecutive
days, be accepted, and that funds be transferred in connection therewith.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance transferring
$160,650.00:
(#25912) AN ORDINANCE to ~nd and reordain certain sections of the
1981-82 Capital Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 168.)
Mr. Landis moved the adoption of the Ordinance. The motion was seconded
by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor .............................................................. 7.
NAYS: None .......................................................... 0.
Mr. Landis offered the following emergency Ordinance:
(#2§913) AN ORDINANCE accepting the bid of Avis Construction Co.,
Inc., for construction of alterations and additions to the Williamson Road
Branch Library, 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. 47, page 168.).
Mr. Landis moved the adoption of the Ordinance. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................... 7.
NAYS: None .......................................................... 0.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: NONE.
OTHER HEARINGS OF CITIZENS:
COUNCIL: The City Manager orally requested that Council meet in
Executive Session to discuss a legal and personnel matter.
Mrs. Bowles moved that Council concur in the request. The motion was
seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas
and Mayor Taylor ............................................................. 7.
NAYS: None ....................................................... O.
At 3:20 p.m., the Mayor declared the meeting recessed.
At 4:00 p.m., the meeting reconvened in the Council Chamber with Mayor
Taylor presiding and all members of the Council present.
ROANOKE CITY ARTS COMMISSION: A report of the Roanoke City Arts
Commission advising that the Commission is unanimously of the opinion that a
person who is closely associated with the Center in the Square Project should be
represented on the Arts Commission and recommending appointment of Mrs. Betty
Cart Muse for that position, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the recommendation. The
motion was seconded by Mr. Thomas and unanimously adopted.
47.9
48O
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
ATTEST:
The Mayor opened the floor for nominations; whereupon, Mrs. Bowles
placed in nomination the name of Mrs. Betty Cart Muse.
There being no further nominations, Hrs. Muse was elected as a member
of the Roanoke City Arts Commission for a term ending June 30, 1982, by the
following vote:
FOR MRS. MUSE: Council members Bowles, Butler, Garland, Harvey,
Landis, Thomas and Mayor Taylor ............................................. 7.
Inasmuch as Hrs. Muse is not a resident of the City of Roanoke, Mrs.
Bowles moved that the City residency requirement be waived. The motion was
seconded by Hr. Thomas and unanimously adopted.
PARKS AND PLAYGROLVNDS: The Mill Mountain Development Comtttee having
previously recommended to Council that its membership be increased by two addi-
tional members, the Mayor opened the floor for nominations; whereupon, Mr.
Thomas placed in nomination the names of Mrs. Peyton B. Winfree and Mr. Sam, el
S. Bulbin.
There being no further nominations, Mrs. Winfree and Mr. Bulbin were
elected as members of the Mill Mountain Development Committee for terms ending
June 30, 1982, by the following vote:
FOR MRS. WINFREE AND MR. BULBIN: Council members Bowles, Butler,
Garland, Harvey, Landis, Thomas and Mayor Taylor ............................... 7.
LEAGUE OF OLDER AMERICANS: The Mayor advised that the one year term
of Mr. James D. Ritchie as the City's representative to the League of Older
Americans Board of Directors will expire on February 28, 1982, and called for
nominations to fill the vacancy.
Mr. Garland placed in nomination the name of Mr. James D. Ritchie.
There being no further nominations, Mr. Ritchie was reelected as a
member of the Board of Directors of the League of Older Americans for a term of one
year ending February 28, 1983, by the following vote:
FOR MR. RITCHIE: Council members Bowles, Butler, Garland, Harvey,
Landis, Thomas and Mayor Taylor ................................................ 7.
SEWERS ~2~D STORM DRAINS: The City Manager submitted a written report
recommending payment of $8,000.00 to the Town of Vinton for partial reimbursement
of the cost of a sewer line potentially dnmmged during construction of the new
Glade Creek Interceptor sewer line.
(For full text, see report on file in the City Clerk's Office.)
Hr. Harvey moved that Council concur in the recommendation. The
motion was seconded by Mr. Thomas and unanimously adopted.
There being no further business, the Mayor declared the meeting adjourned
at 4:05 p.m.
APPROVED
City Clerk
Mayor
481
REGULAR WI/EKLY SESSION ..... ROANOI~ CITY COUNCIL
February 8, 1982
7:30 p.m.
The Council of the City of Roanoke met in regular meeting in the Council Chamber
in the Municipal Building, City of Roanoke, on Monday, February 8, 1982, at 7:30 p.m., the
regular meeting hour, with Mayor Noel C. Taylor presiding.
PRESENT: Council members Wendell H. Butler, Robert A. Garland, James G. Harvey,
II, Charles L. Landie, Hampton W. Thomas, Elizabeth T. Bowles, and Mayor Noel C. Taylor-7.
ABSENT: None ................................................................. 0.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. W. Robert Herbert, Assistant
City Manager; Mr. Wtlburn C. Dibling, Jr., City Attorney; Mr. James D. Grisso, Deputy
Director of Finance; and Mrs. Mary F. Parker, City Clerk.
The invocation was delivered by the Reverend Theodore E. Landis, Pastor, Raleigh
Court United Methodist Church.
The Pledge of Allegiance to the Flag of the United States of America was led by
Mayor Taylor.
The Dominionaires appeared before Council and gave a song presentation, and
Mr. William F. Clark invited the members of Council to attend their "Jamboree" on Saturday,
March 13, 1982, at 8:00 p.m., in the Roanoke Civic Center Auditorium.
PROCLAMATIONS: The Mayor presented a proclamation declaring February
1982, as Roanoke Black Heritage Celebration in the City of Roanoke.
(For full text, see proclamation on file in the City Clerk's Office.)
PUBLIC HEARINGS:
ACTION:
ZONING: Council at its regular meeting on Monday, January 11, 1982,
having continued a public hearing on the request of Mr. James D. Fralin, that a
tract of land containing 0.8 acre, located in the 2900 block of Epperly Avenue,
N. W., described as Lots 19, 20 and 21, Block 1, Epperly Court, Official Tax
Nos. 2160612, 2160613 and 2160614, be rezoned from RS-3, Single-Fmmily Residential
District, to RG-1, General Residential District, the matter was again before the
body.
At Council's meeting on Monday, January 11, 1982, there was confusion
as to the recommendation of the City Planning Commission and Council requested
that the Planning Commission clarify its position; whereupon, a report from the
City Planning Co~aission advising that at the conclusion of its public hearing
on this rezoning at its December 2, 1981 meeting, the Planning Commission, by a
vote of 4 - 3, recommended to Council that the rezoning be approved, subject to
the conditions proffered by the petitioner.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler moved that the Ordinance approving the rezoning be placed
upon its first reading. The motion was seconded by Mr. Garland.
Mr. Richard M. Hughes, Architect, representing the petitioner, appeared
before Council in support of the request of his client and outlined the proposed
plans, noting that the maximum number of apartment units will be twelve; open
areas of the site will be screened continuously from the adjoining commercial
property with landscaping and fences of no less than five feet in height; and
the sale of the site, or any portion thereof, not containing RG-1 development
at the time of sale will cause the zoniug to revert back to RS-3, Single Family
Residential District.
Mr. Hughes presented copy of a communication from The Reverend A. Wade
Coffey, Jr., Pastor, Trinity Evangelical Lutheran Church, endorsing the rezoning.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Henry Cahill, 3920 Greenlawn Avenue, N. W., appeared before Council
in opposition to the rezoning, advising that his main objection relates to
overloading of the sewage system.
Mr. Cecil Kinser, Vice-President of the Willlamson Road Action Forum,
2745 Callaway Street, N. W., appeared before Council in opposition to the rezoning,
citing problems with regard to heavy traffic, lack of play area for children,
drainage, aud overloading of the sewage system.
Mr. Kinser presented a petition signed by eight residents of Greenlawn
Avenue, N. W., in opposition to the proposed rezoning.
(For full text, see petition on file in the City Clerk's Office.)
Following considerable discussion of the matter, the motion to rezone
the property was lost by the following vote:
482
kCTION:
CTION:
CTION:
~CTION:
&CTION:
AYES: None ....................................................... O.
NAYS: Council members Butler, Garland, Harvey, Landis, Thomas,
Bowles and Hayor Taylor ........................................................
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the City Council and would be enacted by one
motion in the forms listed on the agenda, amd if discuss/on was desired that
item would be removed from the Consent Agenda and considered separately. He
noted that the City Manager had requested an Executive Session to discuss a real
estate and contractual matter and the Assistant City Manager had orally requested
an Executive Session to discuss a real estate matter.
CELEBRATIONS: A Resolution adopted by the Council of the Towm of
Blacksburg congratulating the City of Roanoke on the occasion of Roanoke's
centennial celebration, was before the body.
(For full text, see Resolution on file in the City Clerk's Office.)
Mrs. Bowles moved that the Resolution be received and filed with
appreciation. The motion was seconded by Mr. Garland and adopted by the follow-
lng vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor ................................................................ 7.
NAYS: None ........................................................... 0.
Director,
increased
effective
HOUSING: A communication from Mr. Herbert D. McBride, Executive
City of Roanoke Redevelopment and Housing Authority, advising of
annual maximum income limits for low-rent housing projects to be
April 1, 1982, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mrs. Bowles moved that the co~,nication be received and filed. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas Bowles
and Mayor Taylor ............................................................... 7.
NAYS: None ......................................................... 0.
BUDGET-STATE COMPENSATION BOARD: A communication from the State
Compensation Board requesting an expression as to policy concerning salary
increases in this locality and recommendations in regard to the budget requests
filed by the Constitutional Officers, was before Council.
(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 appropriate handling. The motion was seconded by Mr. Garland and
adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas,
Bowles and Mayor Taylor ......................................................... 7.
NAYS: None ........................................................... 0.
COUNCIL: A report of the City Manager requesting an Executive Session
to discuss a real estate and contractual matter, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the request. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor ............................................................... 7.
NAYS: None .......................................................... O.
PENDING ITLMS: A list of pending items from February 7, 1977, through
January 25, 1982, was before Council.
(See list on file in the City Clerk's Office.)
Mrs. Bowles moved that the list be received and filed. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor ............................................................... 7.
NAYS: None .......................................................... 0.
COUNCIL: An oral request of the Assistant City Hanaser for an Executive
Session to discuss a real estate matter, vas before Council.
Hrs. Bowles ~oved that Council concur in the request. The ~otion was
seconded by Hr. Garland and adopted by the follovinl vote:
AYES: Council members Butler, Garland, Harvey, ~ndis, Thomas, Bovles
and Nayor Taylor ............................................................. 7.
NAYS: None .......................................................... O.
REGULAR AGENDA:
ACTION:
ACTION:
ACTION:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
COUNCIL-ELECTIONS: Mr. Michael Pettish, 4457 Oleva Street, N. W.,
appeared before the body and requested that Council consider the modified ward
system which was proposed and recommended by the League of Women Voters, advising
that on September 8, 1980, this request was made of Council by Hr. Gary Minter,
acting as a representative of the Young Democrats of Roanoke Valley, and at that
time Council referred the matter to Council acting as a Committee of the Whole
to be considered at a future Financial and Planning Session.
Mr. Parrish set forth the following four reasons why he and others
favor the ward or district system:
"1. A district or ward council member represents Just a portion
of the city.
2. Residents know who 'their' council members are; and there-
fore know who to contact with complaints or requests.
3. Districts or wards insure that there is a more uniform geo-
graphical distribution of council members through the city.
4. Districts or wards allow the city to be divided into its
major socioeconomicgroups."
Mr. Parrish requested that Council act on the matter at its next
Financial and Planning Session on Monday, February 15, 1982.
(See statement on file in the City Clerk's Office.)
Following discussion in regard to having the matter included on the
ballot for the Councilm-nic election on May 4, 1982, Hr. Garland moved that the
matter be referred to the City Attorney for analysis as to legal ramifications
and time constraints, and that Mr. Pettish be advised as to the date on which
the City Attorney plans to submit his report to Council. The motion was seconded
by Mr. Harvey and unanimously adopted.
CITY GOVERNMENT: A communication from Mr. George E. Franklin, Chairman,
Concerned Citizens Committee, requesting permission to address Council on the
past 100 years and the next 100 years, was before the body.
The Mayor advised that Mr. Franklin had requested that the matter be
deferred until the next regular meeting of Council on Monday, February 28, 1982;
whereupon, Hr. Garland moved that Council concur in the request. The motion was
seconded by Dr. Butler and unanimously adopted.
REFUSE COLLECTION-CELEBRATIONS-PARKS AND PLAYGROUNDS: Mr. Robert G.
Jones, P. O. Box 1178, appeared before Council and spoke in favor of an incinerator
producing steam by burning refuse; and a program of concerts to be performed by
bands in the Roanoke Valley in City parks during the summ, r months.
(See communication on file in the City Clerk's Office.)
Mr. Landis moved that the matters be taken under consideration. The
motion was seconded by Hr. Harvey and unanimously adopted.
PETITIONS AND COMMUNICATIONS:
ZONING: A co~aunication from Mr. Richard Lo Greenberg, Attorney,
representing Eastland Developers, Incorporated, a Virginia corporation, requesting
that a public hearing be scheduled for Monday, March 1, 1982, on the request of
his client to rezone property located at 3361 Melrose Avenue, N. W., containing
2.184 acres, designated as Official Tax No. 2660519, from C-2, General Commercial
District, to LM, Light Manufacturing District, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
A report of the City Planning Commission recommending that Council facilitate
the matter by scheduling a public hearing on Monday, March 1, 1982, inasmuch as the
Commission voted unanimously to recommend that Council approve the request, and there
was no citizen opposition expressed at the Planning Commission meeting, was before the
body.
(For full text, see report on file in the City Clerk's Office.)
ACTION
ACTION:
ACTION:
ACTION:
Mr. Landis moved that Council hold a public hearing on the request for rezoning
on Monday, March 1, 1982, at 2:00 p.m., or as soon thereafter aa the matter may be
heard, in the Council Chamber. The motion was seconded by Mrs. Bowles and adopted, Mr.
Thomas was out of the Council Cb,mher.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
FIRE PREVENTION-FIRE DEPARTMENT-POLICE DEPARTMENT: The Director of Administration
and Public Safety presented a written report of the City Manager recom-~nding implementation
of the Virginia Advisory Committee on Arson Prevention Arson Reward Program, effective
February 8, 1982, noting chat the program makes available dollar rewards to members of
the general public for assisting in the arrest of arsonist, and the purpose of VACAP is
to deter arson and protect the life and property of the citizens of the Commmnwealth of
Virginia and control the cost of insurance protection.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis moved that the report be received and filed and con'curred in. The
motion was seconded by Mr. Harvey and unanimously adopted.
HOUSING: Mr. Dan Pollock, City Planner, appeared before Council and presented
a written report of the City Manager in regard to recent adjustments to the Virginia
Housing Development Authority low-interest housing loan program, advising that Loene
totalling $772,150 at 9.35% interest were made ~n older neighborhoods of the City to
families for purchase/major rehabilitation, new construction and purchase of houses in
good condition; that the second round of Urban Preservation and Infill Program was
approved by Council in December and at that time, agreement with VHDA allocated $924,000
to be loaned /n Roanoke at three separate rates of interest, as follows: $160,000 -
9.35%, $160,000 - 12.5%, $604,000 - 13.65%, and Augusta Mortgage Corporation was selected
at random to service a portion of Roanoke's allocation.
Mr. Pollock advised that Virginia Housing Development Authority has notified
the City that the allocation at the highest interest rate (13.7%) has been reduced by
$121,000, bringing Roanoke's total to $803,000, as follows: $160,000 - 9.35%, $160,000 -
12.5%, $483,000 - 13.7%. He said this reduction was applied to all participating
localities across the state and was due to a mathematical error. Re noted that Augusta
Mortgage Corporation has notified the City that on further consideration they are not
able to participate in the program as a loan agent, that Virginia Housing Development
Authority has suggested that the revised total allocation be divided among the three
financial agents which participated in the first round and were accepted for the second
round and in this way, each agent involved would be allocated a reasonable amount of
funds.
Mr. Pollock noted that Roanoke's allocation of loan funds, reduced to $803,000,
has been divided evenly as follows:
9.35% 12.5% 13.7%
First National Exchange Bank
Colony Savings and Loan
VNBMortgage Corporation
$ 54,000 $ 54,000 $161,000
53,000 53,000 161,000
53~000 . 53~000 161,000
Total $160,000 $160,000 $483,000
Mr. Landis moved that the report be received and filed. The motion was
seconded by Dr. Butler and unanimously adopted.
ITEMS RECOMMENDED FOR ACTION:
TRAFFIC-STATE HIGHWAYS: The City Manager submitted a written report recommending
authorization to execute the necessary documentation to transfer title to a 6.32 acre
City-owned parcel of land on the south side of Hershberger Road to the Virginia Department
of Highways and Transportation needed for certain improvements to Hershberger Road, N. W.
(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:
(#25914) AN ORDINANCE providing for the conveyance of real estate on the south
side of Hershberger Road, Roanoke, Virginia, to the Commonwealth of Virginia for road
improvements.
(For full text, see Ordinance Book No. 47, 169.)
The motion was seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Butler, Garland, Landis, Thomas, Bowles amd Mayor
Taylor ................................................................................. 6.
NAYS: None .................................................................. 0.
(Council member Harvey was out of the Council Chamber.)
ACTION:
ACTION:
ACTION:
CITY CLERK:
SCHOOL BOARD: The City Clerk presented a written report advising that on
June 30, 1982, the three year terms of Messrs. James A. Allison, Jr., George E. May,
end Lewis M. Nelson, Jr., as trustees of the Roanoke City School Board will expire, and
that applications for the three upcoming vacancies will be received in the City Clerk's
Office until 5:00 p.m., on Wednesday, March 10, 1982.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas moved that the report be received and filed. The motion was
seconded by Dr. Butler and adopted.
REPORTS OF COI~/ITTEES:
SPECIAL PERMITS: A report of the City Planning Commission recommonding that
a request of Mr. Fred P. Bullington to construct a canvas-type awning over the entrance to
the State and City Building, 104 West Campbell Avenue, be approved was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis moved that the following Ordinance be placed upon its first reading:
(#25915) AN ORDINANCE permitting the encroachment of a canvas canopy to be
erected on the State and City Building, 104 West Campbell Avenue, over the public sidewalk
in front of such building, to a line not greater than two feet from the adjacent West
Campbell Avenue curb line, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 47, page 170.)
The motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Butler, Garland, Landis, Thomas, Bowles and Mayor
Taylor ............................................. ~ ................................... 6.
NAYS: None .................................................................. 0.
(Council member Harvey was out of the Council Chamber.)
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE.
MOTIONS AND MISCELLANEOUS BUSINESS: NONE.
INQUIRIES AND/OR CO~ENTS BY THE MAYOR AND MEMBERS OF COUNCIL: NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 9:10 p.m., the Mayor declared the meeting recessed.
At 9:45 p.m., the meeting reconvened in the Council Chamber with all members
of Council present and Mayor Taylor presiding.
SALE/PURCHASE OF PROPERTY-CITY PROPERTY-SCHOOLS: The' City Manager submitted
a written report reconmending that Council authorize him to execute a contingent contract
for sale of the Harrison School property to Fralin and Waldron for $40,000 subject to
approval as to form by the City Attorney.
(For full text, see report on file in the City Clerk's Office.)
Mr. Theodore J. Edlich, Executive Director, Total Action Against Poverty, appear-
ed before Council and advised that the TAP Board of Directors and the Northwest Improvement
Council have endorsed the exploration of the private sector alternative. He said that TAP
had a fund raising drive to raise money from members of the con,unity and approximately
$25,000 has been raised thus far, noting that none of this money will go toward the purchase
of the building by Fralin and Waldron but will be used totally to equip the Black Heritage
Center.
Mrs. Bowles moved that the following Ordinance be placed upon its first reading:
(25916) AN ORDINANCE authorizing the City Manager to execute an agreement grant-
ing an option to Fralin and Waldron, Inc., General Contractors, to purchase the Harrison
School property, subject to certain conditions.
(For full text of Ordinance, see Ordinance Book No.47, page 171.)
The motion was seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Butler, Garland, Landis, Thomas, Bowles and Mayor
Taylor ................................................................................ 6.
NAYS: None ................................................................. 0.
(Council member Harvey abstained from voting.)
There being no further business, the Mayor declared the meeting adjourned at
9:55 p.m.
APPROVED
ATTEST:
City Clerk Mayor
SPECIAL SESSION ...... ROANOKE CITY COUNCIL
February 16, 1982
3:30 p.m.
The Council of the City of Roanoke met in special meeting in the Civil Defense Room,
first floor of the Famlcipal Building, City of Roanoke, on Tgesday, February 16, 1982, at 3:30
p.m., vrlth Mayor Noel C. Taylor presiding.
PRESENT: Council members Robert A. Garland, James G. Harvey, II, Charles L. Landis,
Hampton W. Thomas, Elizabeth T. Bowles, Wendell H. Butler and Mayor Noel C. Taylor ..............
ABSENT: None ........................................................................ O.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. W. Robert Herbert, Assistant City
Manager; Mr. Wllburn C. Dibling, Jr., City Attorney; Mr, Joel M. Schlanger, Director of Finance;
and Mrs. Nary F. Parker, City Clerk.
The Mayor requested that the City Clerk read the following communication calling the
special meeting of Council:
"Members of Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
Pursuant to Section 10 of the Roanoke City Charter, please be
advised that I am calling a special meeting of the Roanoke City
Council on Tuesday, February 16, 1982, at 3:30 p.m., in the
Civil Defense Room, first floor of the Municipal Building.
The purpose of the meeting is to receive a report from the City
Manager in regard to the transfer of the Juvenile and Domestic
Relations District Court Service Unit to the State Department
of Corrections.
Sincerely yours,
S/Noel C. Taylor
Mayor Noel C. Taylor
NCT :nm
cc:
Mr. H. B. Ewert, City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Mrs. Mary F. Parker, City Clerk
Mr. Joel M. Schlanger, Director of Finance"
JUVENILE AND DOMESTIC RELATIONS DISTRICT COURT: The Assistant City Manager
submitted a written report of the City Manager in regard to the transfer of the Juvenile
and Domestic Relations District Court Service Unit to the State Department of Corrections
on July 1, 1982, transmitting copy of a communication from Judge Willett indicating no
effect upon the quality of service provided by the City of Salem and Roanoke County Court
Service Units due to their change from local to state operation, and recommending transfer
of operation of the Juvenile and Domestic Relations District Court Service Unit to the
State Department of Corrections, effective July 1, i982.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
Mrs. Bowles offered the following Resolution:
(#25917) A RESOLUTION requesting the Commonwealth to accept the transfer of
the City's Juvenile and Domestic Relations District Court Services Unit to the State
Department of Corrections for State operation and requesting the General Assembly to
appropriate adequate funds to accomplish the same.
(For full text of Resolution, see Resolution Book No. 47, page 169.)
Mrs. Bowles moved the adoption of the Resolution. The motion was seconded by
Mr. Garland and adopted by the following vote:
AYES: Council members Garland, Landis, Thomas, Bowles and Mayor Taylor ....... 5.
NAYS: Council members Butler and Harvey ...................................... 2.
There being no further business, the Mayor declared the special meeting
adjourned at 4:05 p.m.
APPROVED
ATTEST:
City Clerk
Mayor
RBG"OLAR WEEKLY SESSION ...... ROANOKE CiTY CODICIL
February 22, 1982
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the Council Ch-mher in the
Municipal Building, City of Roanoke, on Monday, February 22, 1982, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding.
PRESENT: Council members James G. Harvey, II, Charles L. Landis, Hampton W. Tho-~s
(arrived at 2:13 p.m.), Elizabeth T. Bowles, Wendell H. Butler (arrived at 2:10 p.m.), Robert A.
Garland, and Mayor Noel C. Taylor ............................................................... 7.
ABSENT: None .....................................................................
-0.
OFFICERS PRESENT: Mr. N. B. Ewert, City Manager; Mr. W. Robert Herbert, Assistant
City Manager; Mr. Wilburn C. Dibling, Jr., City Attorney; Mr. William X Parsons, Assistant City
Attorney; Mr. Joel M. Schlanger, Director of Finance; and Mrs. Mary F. Parker, City Clerk.
The invocation was delivered by The Reverend Walter Lewis, Pastor, St. Andrews Catholic
Church.
The Pledge of Allegiance to the Flag of the United States of America was led by Mayor
Taylor.
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda were considered to
be routine by the City Council and would be enacted by one motion in the forms listed on the
agenda, and if discussion was desired that item would be removed from the Consent Agenda and
considered separately. He noted that there was one request to discuss personnel matters in
Executive Session and the Mayor orally requested an Executive Session to discuss a real estate
matter. He noted that the City Attorney had orally requested an Executive Session to discuss a
matter of pending litigation and the Director of Finance had orally requested an Executive
Session to discuss a personnel matter.
MINUTES: Minutes of the regular meeting of Council held on Monday, January
25, 1982, and the regular meeting of Council held on Monday, February 1, 1982, were
before the body.
(For full text, see minutes on file in the City Clerk's Office.)
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. Landis and adopted
by the following vote:
AYES: Council members Harvey, Landis, Bowles, Garland and Mayor Taylor ..... 5.
NAYS: None 0.
(Council members Butler and Thomas had not arrived at the meeting.)
COUNCIL: A communication from Mayor Noel C. Taylor requesting an Executive
Session to discuss personnel matters, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
ACTION:
Mrs. Bowles moved that Council concur in the request. The motion was
seconded by Mr. Landis and adopted by the following vote:
AYES: Council members Harvey, Landis, Bowles, Garland and Mayor Taylor ..... 5.
NAYS: None ................................................................. 0.
(Council members Butler and Thomas had not arrived at the meeting.)
ZONING: A communication from Mr. H. Miles Smythers tendering his resignation
as a member of the Board of Zoning Appeals, effective February 28, 1982, was before
Council.
(For full text, see conm~unication on file in the City Clerk's Office.)
ACTION:
Mrs. Bowles moved that the resignation be accepted with regret and that the
communication be received and filed. The motion was seconded by Mr. Landis and adopted
by the following vote:
AYES: Council members Harvey, Landis, Bowles, Garland and Mayor Taylor ...... 5.
NAYS: None .................................................................. O.
(Council members Butler and Thomas had not arrived at the meeting.)
AC~ ION:
ACTION:
ACTION:
ACTION:
ACTION:
TREASURER: An audit report dated December 31, 1981, from the Municipal
Auditor for the Roanoke City Treasurer, was before Council.
(For full text, see report on file in the City Clerk's Off/ce.)
Mrs. Bowles moved that the report be received amd filed. The motion was
seconded by Mr. Landis and adopted by the following vote:
AYES: Council members Harvey, Landis, Bowles, Garland and Mayor Taylor ......
NAYS: None ............................................................... 0.
(Council members Butler and Thomes had not arrived at the meeting.)
COUNCIL: The Mayor orally requested an Executive Session to discuss a real
estate matter.
Mrs. Bowles moved that Council concur in the request. The motion was
seconded by Hr. Landis and adopted by the following vote:
AYES: Council members Harvey, Landis, Bowles, Garland and Mayor Taylor ....... 5.
NAYS: None ................................................................... O.
(Council members Butler and Thomas had not arrived at the meeting.)
COUNCIL: The City Attorney orally requested that Council meet in Executive
Session to discuss a matter of pending litigation.
Mrs. Bowles moved that Council concur in the request. The motion was seconded
by Mr. Landis and adopted by the following vote:
AYES: Council members Harvey, Landis, Bowles, Garland and Mayor Taylor ..... 5.
NAYS: None ................................................................. O.
(Council members Butler and Thomas had not arrived at the meeting.)
COUNCIL: The Director of Finance orally requested that Council meet in
Executive Session to discuss a personnel matter.
Mrs. Bowles moved that Council concur in the request. The motion was seconded
by Mr. Landis and adopted by the following vote:
AYES: Council members Harvey, Landis, Bowles, Garland and Mayor Taylor ....... 5.
NAYS: None .................................................................. O.
(Council members Butler and Thomas had not arrived at the meeting.)
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC HATTERS:
CITY GOVERNMENT: Mr. George E. Franklin, Chair~n, Concerned Citizens
Committee, having previously requested permission to address Council concerning views
of the past 100 years and the next 100 years, the matter was again before the body.
Inasmuch as Mr. Franklin was not present, the matter was not considered.
ROANOKE CIVIC CENTER: Mr. Vincent S. Wheeler, Chairman of the Roanoke Civic
Center Commission, appeared before Council and advised of certain equipment needs at
the Roanoke Civic Center, viz:
600 interlocking Kruger chairs
400 Shelby Williams chairs
50 eight foot tables
100 legs to replace broken legs on existing tables
replacement and/or recovering of other chairs
Hr. Wheeler also advised that the Civic Center is in dire need of additional
parking space.
Mr. Garland moved that Mr. Wheeler's remarks be received and filed. The
motion was seconded by Mr. Harvey and adopted,
At 2:10 p.m., Council member Butler entered the meeting.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke City School Board requesting
that $1,093.83 be appropriated to the ESAA Special Arts Program for 1981-82, was
before Council.
(For full text, see co~nication on file in the City Clerk's Office.)
ACTION:
ACTION:
ACTION:
ACTION:
A report of the Director of Finance recommending that Council concur
in the request, was also before the body,
(For full text, see report on file in the City Clerk's Office.)
At 2:13 p.m., Council member Thomas entered the meeting.
Mrs. Bowles offered the following ~rgency Ordinance:
(t25918) AN ORDINANCE to amend and reordain certain sections of the
1981-82 Grant Programs Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 171.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Harvey, Landis, Bowles, Butler, Garland and
Mayor Taylor .......................................................... 6.
NAYS: None ........................................................ O.
(Council member Thomas abstained from voting.)
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
GRANTS-LIBRARIES: The City Manager submitted a written report recom-
mending appropriation of $3,528.00 to the Library budget, to be 100% reimbursed
by the State Library through a federal grant-in-aid, for employment of a Clerk
Typist I in connection with computerization of Library holdings, and authoriza-
tion to execute the appropriate forms.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance appropriating the
requested funds:
(#25919) AN ORDINANCE to amend and reordain certain sections of the
1981-82 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 172.)
Mr. Landis moved the adoption of the Ordinance. The motion was seconde,
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Harvey, Landis, Thomas, Bowles, Butler, Garland
and Mayor Taylor ............................................................. 7.
NAYS: None ........................................................ O.
Mr. Landis offered the following Resolution:
(#25920) A RESOLUTION authorizing the City Manager to execute the
requisite document to enable the City to receive funds to continue the computeri-
zation of the holdings of the City Library.
(For full text of Resolution, see Resolution Book No. 47, page 172.)
Mr. Landis moved the adoption of the Resolution. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Harvey, Landis, Thomas, Bowles, Butler, Garland
and Mayor Taylor ............................................................... 7.
NAYS: None .......................................................... O.
BUDGET-WATER DEPARTMENT: The City Manager submitted a written report
advising of the need to appropriate $75,000.00 from Water Fund Retained Earnings
to pay for increased chemical and electric usage resulting from continued drought
conditions in the Valley.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas offered the following emergency Ordinance appropriating the
requested funds:
(#25921) AN ORDINANCE to amend and reordain certain sections of the
1981-82 Water Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 172.)
489
490
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
F~. Thomas moved the adoption of the Ordinance. The motion was seconded
by Dr. Butler and adopted by the following vote:
AYES: Council ~embers Harvey, Landis, Thomas, Bowles, Butler, Garland
and Mayor Taylor ..............................................................
NAYS: None ...................................................... O.
TRAFFIC: The City Hanager submitted a w~itten report in regard to
intersection redesign at Church Avenue and Second Street.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis moved that consideration of the report be deferred until
the next regular meeting of Council on Monday, March 1, 1982. The motion was
seconded by Mr. Garland and unanimously adopted.
COUNCIL-DOWNTOWN ROANOKE-CENTURY PROJECT: The City Manager submitted
a written report recommending that the Mayor appoint a Bid Committee to receive
and open bids publicly on Fire Station #3 on Tuesday, March 2, 1982, at 3:00
p.m., and on the Main Library Addition on Friday, March 12, 1982, at 3:00 p.m.,
and that the Bid Co-,~ittee examine, tabulate, study and report back to Council
with an appropriate reco~nendation. He further recommended that a special
session of Council be held on Monday, March 15, 1982, at 2:30 p.m., to receive
bids on Downtown Street Improvements and Lighting, as well as appoint a Bid
Com~ittee to examine, tabulate, study and report back to Council with an appropriat
recommendation.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following Resolution fixing the date of March
15, 1982, at 2:30 p.m., in the Council Chamber, as a special meeting of Council:
(#25922) A RESOLUTION fixing the date of a special meeting of the
Council of the City of Roanoke.
(For full text of Resolution, see Resolution Book No. 47, page 173.)
Mr. Garland moved the adoption of the Resolution. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Harvey, Landis, Thomas, Bowles, Butler, Garland
and Mayor Taylor .............................................................. 7.
NAYS: None .......................................................... 0.
Mr. Garland moved that the Mayor be authorized to appoint the members
of the Bid Committee. The motion was seconded by Dr. Butler and unanimously
adopted.
The Mayor appointed Messrs. Charles L. Landis, Chairman, Thomas F.
Brady and Richard B. Burrow as members of the Bid Committee.
TRAFFIC-EQUIPMENT: The City Manager submitted a written report con-
curring in a report of the Bid Committee recommending that the bids of Baltimore
Paint and Chemical Company and Potter Industries, Incorporated, for furnishing
traffic paint and traffic beads to the City of Roanoke, be accepted.
(For full text, see reports on file in the City Clerk's Office.)
Dr. Butler offered the following emergency Ordinance:
(#25923) AN ORDINANCE accepting bids for furnishing traffic paint and
traffic beads to the City; rejecting other bids; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 173.)
Dr. Butler moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Harvey, Landis, Thomas, Bowles, Butler, Garland
and Mayor Taylor ........................................................... 7.
NAYS: None ........................................................ O.
CITY ATTORNEY:
LEGISLATION: The City Attorney submitted a written report in regard
to Senate Bill 219 and House Bills 762 and 892.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas moved that the report be received and filed. The motion
was seconded by Mr. Garland and unanimously adopted.
491
ACTION:
ACTION:
ACTION:
BUDGET-FlEE DEPARTMENT-CAPITAL IMPEOVE~iE~TS PROGRAM-CENTURY PROJECT:
The City Attorney submitted a written report transmitting an Ordinance to provide
for a change order to the professional services contract with Smithey & Boynton,
Architects and Engineers, for alterations and additions to Fire Station No. 3,
for the additional sum of $5,300.00; whereupon, Hr. Landis offered the following
emergency Ordinance:
(#25924) Al/ ORDINANCE approving the City Manager's issuance of Change
Order No. 1 to the City's contract with Smithey & Boynton, Architects and En
for design services for alterations and additions to Fire Station ~3; and
for an emergency,
(For full text of Ordinance, see Ordinance Book No. 47, page 174.)
Hr. Landis moved the adoption of the Ordinance. The motion was secondeg
by Hr. Thomas and adopted by the following vote:
AYES: Council members Harvey, Landis, Thomas, Bowles, Butler, Garland
and Mayor Taylor ............................................................. 7.
NAYS: None ..................................................... 0.
Mr. Landis offered the following emergency Ordinance appropriating the
necessary funds:
(#25925) AN ORDINANCE to amend and reordain certain sections of the
1981-82 Capital Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 175.)
Mr. Landis moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Harvey, Landis, Thomas, Bowles, Butler, Garland
and Mayor Taylor ............................................................ 7.
NAYS: None ........................................................ 0.
DIRECTOR OF FINANCE:
BUDGET-HOUSING-PLANNING-GRANTS: The Director of Finance submitted a
written report making recommendations for appropriation of the total of $23,777.18
in Co--unity Development Block Grant Program income received from the Roanoke
Redevelopment and Housing Authority.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas offered the following emergency Ordinance:
(#25926) AN ORDINANCE to amend and reordain certain sections of the
1981-82 Grant Programs Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 175.)
Mr. Thomas moved the adoption of the Ordinance. The motion was seconded
by Dr. Butler and adopted by the following vote:
AYES: Council members Harvey, Landis, Thomas, Bowles, Butler, Garland
and Mayor Taylor .............................................................. 7.
NAYS: None ....................................................... 0.
BUDGET-PARKS AND PLAYGROUNDS-PLANNING-GRANTS: The Director of Finance
submitted a written report recommending certain appropriation and revenue adjust-
ments in connection with the close-out of Parks Study Grant No. 5ICTY2100-79-
01.1, said grant having provided for the development of a comprehensive parks
and recreation system plan for the City of Roanoke which will serve as a guide
for all future decisions relative to management, maintenance, and improvements
of parks and recreation facilities and programs; and the plan will establish
a systematic and continuous planning process.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#25927) AN ORDINANCE to amend and reordain certain sections of the
1981-82 Grant Programs Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 176.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Harvey, Landis, Thomas, Bowles, Butler, Garland
and Mayor Taylor ........................................................... 7.
NAYS: None ....................................................... O.
REPORTS OF COMMITTEES:
, 92
ACT ~ON:
ACTION:
ACT ION:
ACTION:
REFUSE COLLECTION-BUDGET: A report of the Roanoke Valley Regional
Solid Waste Management Board transmitting their budget for fiscal year 1982-83,
was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis moved that the report be received and filed. The motion
was seconded by Mr. Garland and unanimously adopted.
SEWERS AND STORM DRAINS: Council member Charles L. Landis, Chairm--
of the committee appointed by the Mayor to tabulate and study bids received for
the Rershberger Road Storm Drain, Hazelridge Road to Delray Street and Hubert
Road/Whitney Avenue submitted a written report of the committee recom~nding
that the bid and bond of Branch & Associates, Incorporated, be returned because
of an omission as stipulated in Section 11-20.2 of the Code of Virginia, 1950,
as amended; that the bid of Ramey, Incorporated, in the amount of $694,486.00 be
accepted; that all other bids be rejected; that the Director of Finance be
authorized to transfer funds from the existing accounts to the Storm Drain
Project No. I Account No. A08220191800 with the funds to be expended in the
following order:
1. Bond Storm Drain Account (A08310172601)
2. Williamson Road Storm Drain Comstruction
Account (A08220191101)
$ 660,000.00
50,000.00
Total $ 710,000.00
($694,486.00 contract and $15,514.00 contingency)
(For full text, see report on file in the City Clerk's Office.)
In this connection, a report of the City Manager concurring in the
recommendation, was also before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance transferring
funds as above set forth:
(#25928) AN ORDINANCE to amend and reordain certain sections of the
1981-82 Capital Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 176.)
Mr. Landis moved the adoption of the Ordinance. The motion was seconded
by Mr. Thomas and adopted by the following vote:
AYES: Council members Harvey, Landis, Thomas, Bowles, Butler, Garland
and Mayor Taylor .............................................................. 7.
NAYS: None ........................................................ O.
Mr. Landis offered the following emergency Ordinance accepting the bid
of Ramey, Incorporated:
(#25929) AN ORDINANCE accepting the bid of Ramey, Inc. for the construc
tion of Bond Issue Storm Drain Project I, 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; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 177.)
Mr, Landis moved the adoption of the Ordinance. The motion was seconded
by Mr. Tho~ms and adopted by the following vote:
AYES: Council members Harvey, Landis, Thomas, Bowles, Butler, Garland
and Mayor Taylor ............................................................ 7.
filed.
NAYS: None ..................................................... 0.
Mr. Landis moved that the report of the City Manager be received amd
The motion was seconded by Mr. Thomas and unanimously adopted.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
TRAFFIC-SALE/PURCHASE OF PROPERTY: Ordinance No. 25914 providing for
the conveyance of real estate on the south side of Hershberger Road, Roanoke,
Virginia, to the Commonwealth of Virginia for road improvements, having pre-
viously been before the Council for its first reading on Monday, February 8,
1982, 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
493
ACTION:
ACTION:
(#25914) AN ORDINANCE providing for the conveyance of real estate on
the south side of Hershberger Road, Roanoke, Virginia, to the Coa~onwealth of
Virginia for road improvements.
(For full text of Ordinance, see Ordinance Book No. 47, page 169.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Harvey, Landis, Thomas, Bowles, Butler, Garland
and Mayor Taylor ............................................................ 7.
NAYS: None ...................................
SPECIAL PERMITS-SIGNS-DOWNTOWN ROANOKE: Ordinance No. 25915 permitting
the encroachment of a canvas canopy to be erected on the State and City Build-
ing, 104 West ~ampbell Avenue, over the public sidewalk in front of such building,
to a line not greater than two feet from the adjacent West Campbell Avenue curb
line, upon certain terms and conditions, having previously been before the
Council for its first reading on Monday, February 8, 1982, read and adopted on
its first reading and laid over, was again before the body, Mr. Thomas offering
the following for its second reading and final adoption:
(#25915) AN ORDINANCE permitting the encroachment of a canvas canopy
to be erected on the State and City Building, 104 West Campbell Avenue, over the
public sidewalk in front of such building, to a line not greater than two feet
from the adjacent West Campbell Avenue curb line, upon certain terms and
(For full text of Ordinance, see Ordinance Book No. 47, page 170.)
Mr. Thomas moved the adoption of the Ordinance. The motion was seconded by Mr.
Garland and adopted by the following vote:
AYES: Council members Harvey, Landis, Thomas, Bowles, Butler, Garland
and Mayor Taylor ........................................................... 7.
NAYS: None ...................................................... 0.
SALE/PURCHASE OF PROPERTY-CITY PROPERTY-SCHOOLS: Ordinance No. 25916
authorizing the City Manager to execute an agreement granting an option to
Fralin and Waldron, Incorporated, General Contractors, to purchase the Harrison
School property, subject to certain conditions, having previously been before
the Council for its first reading on Monday, February 8, 1982, read and adopted
on its first reading and laid over, was again before the body, Dr. Butler offering
the following for its second reading and final adoption:
(#25916) AN ORDINANCE authorizing the City Manager to execute an
agreement granting an option to Fralin and Waldron, Inc., General Contractors,
to purchase the Harrison School property, subject to certain conditions.
(For full text of Ordinance, see Ordinance Book No. 47, page 171.)
ATTEST:
Dr. Butler moved the adoption of the Ordinance. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Landis, Thomas, Bowles, Butler, Garland and
Mayor Taylor ................................................................. 6.
NAYS: None ....................................................... 0.
(Council member Harvey abstained from voting.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: NONE.
OTHER HEARINGS OF CITIZENS: NONE.
There being no further business, the Mayor declared the meeting
adjourned at 2:30 p.m.
APPROVED
City Clerk
Mayor
494
P, EGULARWEEKLY SESSION ..... P.0ANOI(I~ CITY COUItCIL
ltarch l, 1982
2:00 p.m,
l~e Council of the City of Roanoke met in regular meeting in the Council Chamber
in the Hunicipal Building, City of Roanoke, on Honday, Hatch 1, 1982~ at 2:00 p,m., the
regular meeting hour, withHayor Noel C. Taylor presiding.
PRESENT: Council members Charles L. Landis, Hampton W. Thomas, Wendell H. Butler,
Robert A. Garland, James G. Harvey, II, and Hayor Noel C. Taylor ...................... 6.
ABSENT: Council member Elizabeth T. Bowles ..... a ................................ 1.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. W. Robert Herbert, Assistant
City Manager; Mr. Wilburn C. Dibling, Jr., City Attorney; Mr. Joel M. Schlanger, Director
of Finance; and Mrs. Mary F. Parker, City Clerk.
The invocation was delivered by the Reverend Ernest Poe, High Street Baptist
Church.
The Pledge of Allegiance to the Flag of the United States of America was led by
Mayor Taylor.
BID OPENINGS:
PARKS AND PLAYGROUNDS: Pursuant to notice of advertisement for bids for
construction of the Church Avenue Park, said proposals to be received by the City
Clerk until 1:30 p.m., on Monday, March 1, 1982, and to be opened and read before
the Council at 2:00 p.m., or as soon thereafter as the matter could be heard, on
that date in the Council Chamber, 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:
Thor~ Incorporated Watts & Breakell, Inc.
Base Bid -- $125,700.00 Base Bid -- $141,800.00
Alt. #1 -- 29,500.00 Alt. #1 -- 28,700.00
Alt. #2 -~ 12,800.00 Alt. #2 -- 9,750.00
Alt. #3 -- 1,940.00 Alt. #3 -- 2,100.00
Alt. #4 -~ 85.00 Alt. #4 -- 850.00
Alt. #5 -~ 50.00 Alt. #5 -- -70.00
Alt. #6 -~ 11,700.00 Alt. #6 -- 9,637.00
Unit Prices -- 13.75/cu. yd. Unit Prices -- 15.00/cu. yd.
Martin Bros. Contractors~ Inc.
J. M. Turner & Company~ Inc.
Base Bid -- $152,950.00 Base Bid -- $173,300.00
Alt. #1 -- 28,950.00 Alt. #1 -- 27,700.00
Alt. #2 -- 9,064.00 Alt. #2 -- 10,650.00
Alt. #3 -- 1,850.00 Alt. #3 -- 1,677.00
Alt. #4 -- 800.00 Alt. #4 -- 1,166.00
Alt. #5 -- +150.00 Alt. #5 -- N/C
Alt. #6 -- 11,450.00 Alt. #6 -- 6,168.00
Unit Prices -- 15.00/cu. yd. Unit Prices -- 17.70/cu. yd.
H & S Construction. ~ompany
Base Bid -- $174,034.00
Alt. #1 -- 28,500.00
Alt. #2 -- 9,450.00
Alt. #3 -- 5,500.00
Alt. #4 -- 2,500.00
Alt. #5 -- -250.00
Alt. #6 -- 8,950.00
Unit Prices -~ 15.00/cu. yd.
ACTION: Mr. Thomas moved that the bids be referred to a cormnlttee to be appointed by
the Mayor for tabulation, report and recommendation to Council. The motion was
seconded by Mr. Garland and adopted.
ACTION: The Mayor appointed Messrs. Charles L. Landis, Chairman, George C. Snead,
Jr., and Thomas F. Brady as members of the committee.
CITY MARKET: Pursuant to notice of advertisement for bids for construction
of the Market Square lighting and Market area anchors, said proposals to be received
by the City Clerk until 1:30 p.m., on Monday, March 1, 1982, and to be opened and
read before the Council at 2:00 p.m., or as soon thereafter as the matter could
be heard, on that date in the Council Chamber, the Mayor asked if anyone had any
questions about the advertisement for bids and no representative present raising
any question, the Mayor instructed the City Clerk to proceed with the opening of
the bids; whereupon, the City Clerk opened and read the following bids:
ACTION:
ACTION:
ACTION:
ACTION:
Davis H. Elliot Co.~ Inc. Watts & Breakell~ Inc.
Base Bid $39,697.00 $39,459.00
Alt. No. 1 796.00 353.00
Alt. No. 2 2,708.00 2,291.00
Alt. No. 3 5,604.00 4,714.00
Alt. No. 4 7,701.00 4,890.00
Alt. No. 5 40.00 450.00
Unit Prices 120.00 140.00
Mr. Thomas moved that the bids be referred to a com~ittee to be appointed by the
Mayor for tabulation, report and reco,~,mndation to Council. The ~tton was seconded by
Mr. Garland and adopted.
The Mayor appointed Messrs. Charles L. Landis, Chairman, Kit B. Kiser and Thomas
F. Brady as members of the co--,ittee.
LIBRARIES: Pursuant to notice of advertisement for bids for furnishings for the
Raleigh Court Branch Library, said proposals to be received by the City Clerk until
1:30 p.m., on Monday, March 1, 1982, and to be opened and read before the Council at
2:00 p.m., or as soon thereafter as the matter could be heard, on that date in the
Council Chamber, 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:
Brownson Equipment Co., Inc.
Young and Watson, Inc.
King Business Interiors
Flowers School Equipment
Co., Inc.
$20,792.00
22,367.00
24,203.00
27,005.00
Mr. Thomas moved that the bids be referred to a committee to be appointed by the
Mayor for tabulation, report and recommendation to Council. The motion was seconded
by Mr. Garland and adopted.
The Mayor appointed Messrs. Charles L. Landis, Chairman, James D. Ritchie and
Alfred T. Whitelock as members of the co~ittee.
PUBLIC HEARINGS:
ZONING: Council having set a public hearing for Monday, March 1, 1982, at 2:00 p.m.,
in the Council Chamber, on the request of Eastland Developers, Incorporated, a Virginia
corporation, that property located at 3361 Melrose Avenue, N. W., containing 2.184 acres,
designated as Official Tax No. 2660519, be rezoned from C~2, General Commercial District,
to LM, Light Manufacturing District, the matter was before the body.
A report of the City Planning Commission recommending that the request be granted,
was before Council.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler moved that the following Ordinance be placed upon its first reading:
(#25930) AN ORDINANCE to amend Sections 36-3 and 36-4, Code of the City of Roanoke
(1979), as amended, and Sheet No. 266, Section 1976 Zone Map, City of Roanoke, in relation
to Zoning, subject to certain conditions.
The motion was seconded by Mr. Harvey.
Mr. Richard M. Greenberg, Attorney, representing the petitioner, appeared before
Council in support of the request of his client.
No one wishing to address Council in reference to the rezoning, the following vote
was recorded on Ordinance No. 25930 on its first reading:
AYES: Council members Landis, Butler, Garland, Harvey and Mayor Taylor .......... 5.
NAYS: None ...................................................................... 0.
(Council member Bowles was absent.) (Council member Thomas was out of the Council Chamber.)
CONSE~;T AGENDA:
ACTION:
The Mayor advised that all matters listed under the Consent Agenda were considered
to be routine by the City Council and would be enacted by one motion in the forms listed
on the agenda, and if discussion was desired, that item would be removed from the Consent
Agenda and considered separately. He noted that the City Manager had orally requested an
Executive Session to discuss a contractual matter.
PENDING ITEMS: A list of items pending from February 7, 1977, through February 22,
1982, was before Council.
(See pending list on file in the City Clerk's Office.)
Mr. Garland moved that the pending list be received and filed. The motion was seconded
by Dr. Butler and adopted by the following vote:
AYES: Council members Landis, Butler, Garland, Harvey and Mayor Taylor .............. 5.
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
NAYS: None ..................................................................... 0.
(Council member Bowles was absent.) (Council member Thomas was out of the Council Cb~m~er.)
BUILDINGS: The qualification of Hrs. Margaret S. Whittaker as a member of the
Property Maintenance Code Appeals Board for a term of three years ending June 30,
1984, was before Council.
(See Oath of Office on file in the City Clerk's Office.)
Mr. Garland moved that the report of qualification be received and filed. The
motion was seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Landis, Butler, Garland, Harvey and Mayor Taylor ......... 5.
NAYS: None ..................................................................... 0.
(Council member Bowles was absent.) (Council member Thomas was out of the Council Chamber.)
COUNCIL: An oral request of the City Manager for an Executive Session to discuss
a contractual matter, was before the body.
Mr. Garland moved that Council concur in the request. The motion was seconded by
Dr. Butler and adopted by the following vote:
AYES: Council members Landis, Butler, Garland, Harvey and Mayor Taylor .......... 5.
NAYS: None .................................................................... 0.
(Council member Bowles was absent.) (Council member Thomas was out of the Council Chamber.)
HEARING OF CITIZENS UPON PUBLIC MATTERS:
ROANOKE CIVIC CENTER: Mr. C. W. Dickinson, President, Jones Safety Supply,
Incorporated, appeared before Council end advised that he has learned through the news
media that the Roanoke Civic Center Commission may recommend the purchase of land in
the Orange Avenue Industrial Park for use as additional parking for Civic Center
events, and read a prepared statement in opposition to the recommendation.
(See statement on file in the City Clerk's Office.)
Mr. Thomas moved that Mr. Dickinson's remarks be taken under advisement and
referred to the City Manager for consideration as data is accumulated on the matter
and that residents of the Orange Avenue Industrial Park be advised from time to time
in respect to progress at the Civic Center.
The Mayor declared the motion lost for lack of a second.
Mr. Landis moved that the remarks of Mr. Dickinson be received and filed. The
motion was seconded by Dr. Butler and adopted.
PETITIONS AND COI~4UNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER: NONE.
DIRECTOR OF FINANCE:
BUDGET-GRANTS-CETA: The Director of Finance submitted a written report regarding
Fifth District Employment and Training Consortium close-out of. C.E.T.A. Programs for
fiscal year 1981.
(For full text, see report on file in the City Clerk's Office.) ~ ''
Mr. Landis offered the following emergency Ordinance providing for certain appropria-
tion and revenue adjustments:
(#25931) AN ORDINANCE to ~mend and reordain certain sections of the 1981-82
Fifth District Consortium Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 177.)
Mr. Landis moved the adoption of the Ordinance. The motion was seconded by Mr.
Harvey and adopted by the following vote:
AYES: Council members Landis, Thomas, Butler, Garland, Harvey and Mayor Taylor ..... 6.
NAYS: None ......................................................................... O.
(Council member Bowles was absent.)
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS:
TRAFFIC-DOWNTOWN ROANOKE: A report of the City Manager concerning intersection
redesign at Church Avenue and Second Street having previously been before the Council
on Monday, February 22, 1982, and delayed, the report was again before the body.
The City Manager requested that consideration of the report be deferred until
the regular meeting of Council on Monday, March 8, 1982, at 7:30 p.m.; whereupon, Mr.
Garland moved that Council concur in the City Manager's request. The motion was
seconded by Mr. Landis and adopted.
ACTION:
ACTION:
ATTEST:
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR ANDME~BERS OF COUNCIL: NONE.
ZONING: The Mayor called to the attention of Council that there is a vacancy on
the Board of Zoning Appeals created by the resignation of Mx. H. Miles Smythers for a
term ending December 31, 1983, and called for nominations to fill the vacancy.
Mx. Thomas placed in nomination the name of Mr. Glynn D. Barranger.
There being no further nominations, Mx. Barranger was elected as a member of the
Board of Zoning Appeals to fill the u~expired term of Mr. H. Miles Smythers ending
December 31, 1983, by the follow~ng vote:
FOR MR. BARRANGER: Council members Landis, Thomas, Butler, Garland Harvey and
Mayor Taylor ......................................................................... 6.
(Council member Bowles was absent.)
OTHER HEARINGS OF CITIZENS:
AIRPORT: The City Manager submitted a written report concurring in a communication
from the Director of Utilities and Operations under date of February 26, 1982, in regard
to runway extension bid schedule, recommending the following bid schedule:
Phase I
Phases II & III
Plans and Specs. Preparation
Completion
Feb. 12, 19B2
Apr. 1, 1982
Approval of Plans and Specs.
(City & FAA)
Mar. 12, 1982
May 1, 1982
Advertise Mar. 21, 1982 May 9, 1982
Open Bids
Apr. 19, 1982
June 7, 1982
Award Contract (to the limit Before
of available funds) July 19, 1982
Before
Sept. 7, 1982.
The City Manager advised that he concurs with proceeding to bid Phase I (underpass)
of the project as soon as the Federal Government approves the plans and specifications,
that Phases II and III will be bid as soon as plans and specifications are ready and
approved per the communication from Mr. Kiser, and proceeding to bid Phases II and III
prior to the end of the Federal fiscal year on September 30 will put the City in a positio~
to accurately reflect funding needs from the Pederal Government.
(For full text, see report and com-,,nication on file in the City Clerk's Office.)
MX. Harvey moved that Council concur in the report. The motion was seconded by Mr.
Thomas and adopted.
There being no further business, the Mayor declared the meeting adjou~ed at 2:45
p.m.
City Clerk
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REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
March 8, 1982
7:30 p.m.
The Council of the City of Roanoke met in regular m~eting in the Council
Chamber in the Municipal Building, City of Roanoke, on Monday, Murch 8, 1982, at
7:30 p.m., the regular meeting hour, with Mayor Noel C. Taylor presiding.
PRESENT: Council members Hampton W. Thomas, Elizabeth T. Bowles,
Wendell H. Butler, Robert A. Garland, James G. Harvey, II, Charles L. Landis and
Mayor Noel C. Taylor .............................................................. 7.
ABSENT: None ........................................................... O.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. W. Robert Herbert,
Assistant City Manager; Mr. Wilburn C. Dibling, Jr., City Attorney; Mr. William M.
Hackworth, Assistant City Attorney; Mr. Joel M. Schlanger, Director of Finance;
and Mrs. Mary F. Parker, City Clerk.
The invocation was delivered by Mayor Noel C. Taylor.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
BID OPENINGS:
ACTION:
ACTION:
SEWERS AND STORM DRAINS: Pursuant to notice of advertisement for
bids for construction of Bond Issue Storm Drain Project II, Northwood
Drive and Barnett Road, and Woodbridge Avenue and Kay Street, said
proposals to be received by the City Clerk until 4:30 p.m., on Monday,
March 8, 1982, and to be held and opened and read before the Council at
7:30 p.m., or as soon thereafter as the matter could be heard, on that
date, 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:
H & S Construction Company -
L. H. Sawyer Paving Company,
Incorporated -
John A. Hall and Company,
Incorporated -
S. R. Draper Paving Company,
Incorporated
E. C. Pace Company, Incorporated -
Robertson Construction Company,
Incorporated
S. C. Rossi and Company,
Incorporated
Mullins and Jones, Incorporated -
$ 47,846.85
48,072.50
48,980.05
54,864.33
54,907.40
57,402.00
61,053.50
65,362.00
Mr. Thomas 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 Dr. Butler and unanimously adopted.
The Mayor appointed Messrs. Charles L. Landis, Chairman, Thomas F.
Brady and Richard B. Burrow as members of the committee.
PUBLIC HEARINGS:
ACTION:
ACTION:
ZONING: Council having set a public hearing for Monday, March 8,
1982, at 7:30 p.m., or as soon thereafter as the matter may be heard,
in the Council Chamber, in the Municipal Building, to consider an
Ordinance to add to and to amend and reordain certain subsections and
sections of Chapter 36, Zoning, of the Code of the City of Roanoke
(1979), as amended, in order to affect a comprehensive revision of the
zoning regulations of the City as they pertain to signs and sign structures,
the matter was before the body.
The Mayor advised that there were a number of speakers who were
requesting time to address Council in regard to the matter and called
upon the members of Council for guidance as to the amount of time to be
alloted each speaker, noting that he had intended to establish ground-
rules to the effect that the City Planning Co~m~ission would present its
report to Council, to be followed by a 30 minute presentation from the
proponents of the ordinance and a 30 minute presentation from the opponents
of the ordinance, explaining that both the proponents and the opponents
could use their 30 segments as they see fit. Following the presentations
of the proponents and the opponents, the City Planning Co~tssion would
present a su~mtion and the City Manager would submit a report and recom-
mendation to be followed by questions from the members of Council.
Mr. Harvey moved that each speaker be limited to three minutes
each. The motion was seconded by Mrs. Bowles and unanimously adopted.
(Mrs.) Betty B. Chancy representing the proponents of the ordinance
advised that the proponents are prepared to limit their remarks to a
total of 30 minutes.
Mr. William B. Stott, Jr., Attorney, representing the opponents,
advised that the opponents are also prepared to limit their remarks to
a total of 30 minutes. He requested that the opponents be permitted to
make their presentation last.
In response to Mr. Stott's request, the City Attorney advised that
it is up to Council and the presiding officer to make that decision;
whereupon, the Mayor advised that the normal procedure has been that
the proponents speak first and the opponents second, advising that it
does not matter who is first or last, but the final ~udgement rendered
by the members of Council is vital and important to the citizens.
It was then agreed that the proponents would have 30 minutes to
make their presentation and the opponents would have 30 minutes to make
their presentation, and that both parties would use their 30 minute
segments as they see fit.
Mr. Landis moved that the following Ordinance be placed upon its
first reading:
(#25932) AN ORDINANCE to add and to amend and reordain certain
subsections and sections of Chapter 36, Zoning, of the Code of the City
of Roanoke (1979), as amended, to effect certain changes in the zoning
regulations of the City pertaining to signs and sign structures.
The motion was seconded by Mrs. Bowles.
Mrs. Susan S. Goode, Vice Chairman of the City Planning Commission,
appeared before Council and made introductory remarks and summarized
the history behind the proposed ordinance which has been under considera-
tion for several years.
(Mrs.) Betty B. Chancy, 2725 Cornwallis Avenue, S. E., appeared
before Council and read a prepared statement in favor of adoption of
the proposed ordinance.
(For full text, see statement on file in the City Clerk's Office.)
03
(Mrs.) Phyllis R. Olin, 175 27th Street, S. E., appeared before
Council and read a prepared statement from Mr. William R. Battle, 3419
West Ridge Circle, S. W., in support of the proposed ordinance, advis-
ing that the ordinance before the Council is a compromise between what
most of the citizens would like and the complete absence of regulation
which the opponents would like, noting that there has bean ample study,
ample opportunity for everyone to be heard, and urged that Council
adopt the compromise ordinance.
(For full text, see statement on file in the C~ty Clerk's Office.)
(Mrs.) Jo Ann Hazlegrove, 310 Willow Oak Drive, S. W., appeared
before C~uncil and read a prepared statement from Mr. Jay Langh~mmer,
726 W~ldwood Road, $. W., in support of the proposed ordinance.
Mrs. Hazlegrove also read a communication from Mr. Lucian Y.
Grove, 3835 Amber Way Circle, S. W., in support of the proposed ordi-
nance, advising that he views the present amendments to the ordinance
to be a good compromise that would not be detrimental.
(For full text, see statement and communicaticn on file in the City
Clerk's Office.)
Mr. G. Frank Clement, 2237 Brambleton Avenue, S. W., appeared
before Council and spoke in support of the proposed ordinance as
recommended by the City Planning Commission.
Mr. L. A. Durham, Jr., 3130 West Ridge Road, S. W., appeared
before Council and spoke in support of the proposed ordinance, advising
that he does not feel that further study or debate would be beneficial
in resolving the mutter inasmuch as the proposed ordinance is a
reasonable compromise.
Mr. L. W. Lucas, 2212 Pommel Drive, S. W., appeared before Council
and read a prepared statement from Mr. Gordon C. Willis, 5167 Remington
Road, S. W., in favor of the adoption of the proposed ordinance.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Jerome Henschel, 2839 Embassy Circle, N. W., appeared before
Council on behalf of the Virginia Chapter of American Institute of
Architects, advising that the members of his organization are in favor
of adoption of the proposed ordinance.
Mrs. Joseph Lawson, 3151 West Ridge Road, S. W., Presiden~ of the
Roanoke Valley Garden Clubs, appeared before Council and spoke in
support of the proposed ordinance.
(For full text, see communication on file in the City Clerk's Office.)
Mr. M. Carl Andrews, 2814 Crystal Spring Avenue, S. W., appeared
before Council and spoke in support of immediate passage of the pro-
posed ordinance.
(Mrs.) Hazel B. Thompson, 831 Madison Avenue, N. W., appeared
before Council and read a prepared statement in favor of the proposed
ordinance.
(For full text, see statement on file in the City Clerk's Office.)
Mr. Don Chappell, representing the Greater Raleigh Court Civic
League, appeared before Council in support of the proposed ordinance.
Mr. Frederick Brown, 3533 Ferncliff Avenue, N. W., representing
the Roanoke Neighborhood Alliance, appeared before Council and advised
that the RNA unanimously recommends approval of the proposed ordinance.
O4
(Hrs.) Becky Hotes, 1216 Cmapbe11 Avenue, S. W., represent~Lng the
Hountain Vier Neighborhood Alliance, advised Chat the Alliance supports
the proposed ordinance.
M~. Charles R. Hinter, 4611 Oakland Boulevard, N. W., President
of the Willlamson Road Action Forum, appeared before Council and read
a prepared statement in support of the proposed ordinance.
(For full text, see statement on file in the City Clerk's Office.)
Mr. Robert N. Richert, 415 Allison Avenue, S. W., and President
of the Old Southwest Neighborhood Alliance, appeared before Council in
support of the proposed ordinance.
A communication from Ms. Wilma C. Warren, 2716 Beverly Boulevard,
S. W., requesting that Council support the recommendation of the City
Planning Con,lesion, was before the body.
(For full text, see comunication on file in the City Clerk's Office.)
A communication from Mr. Robert W. Sheffler, Landscape Architect,
advising that the ordinance has been under consideration for nearly
four years, and urging Council's approval thereof, was before the
body.
(For full text, see co~m~anication on file in the City Clerk's Office.)
Mr. William C. Stott, Jr., Attorney, representing the opponents,
appeared before Council and advised that hie clients do not wish to
put signs in anyone's neighborhood. He said his clients want a
situation of compromise but the proposed ordinance does not encompass
a compromise. He stated that his clients do favor aesthetics and
regulation of some sort and called upon Mrs. Mmmte Vest, representing
Mamie Vest Associates to address the issues of proliferation as well
as the compromise that is not presently incorporated in the ordinance.
(See statement from Mrs. Vest on file in the City Clerk's Office.)
Mr. John Poff, Senior Vice President of American Motor Inns,
appeared before Council and read a prepared statement expressing
concern for the potential harm the proposed ordinance will have on
the hospitality industry, advising that the proposed ordinance will
negatively effect business and it is poorly conceived in its impact
upon new and expanding firms.
(For full text, see statement on file in the City Clerk's Office.)
Mr. Bruce Bradley, President of the Advertising Federation of the
Roanoke Valley, appeared before Council and read a prepared statement
in opposition to the ordinance.
(For full text, see statement on file in the City Clerk's Office.)
Mr. Stott stated that the ordinance is not the compromise that
the opponents felt they had and suggested that Council not send it
back to the City Planning Commission, but requested amd implored,
since the proposed ordinance is of such magnitude and has such ramifica-
tions, that Council either sit in bank in a workshop to see what can
be worked out as a compromise, or, in the alternative, that Council
appoint a committee of its own, noting that his clients are willing to
subject themselves to a suggested timetable.
Mr. E. L. Dulaney, 2334 Mount Vernon Road, S. W., appeared before
Council and stated that the Mayor's Committee spent a great deal of
time incorporating into the ordinance a temporary sign provision;
however, this provision does not appear in the proposed ordinance. He
said there has been editing in reference to the majority report and the
minority report of the Mayor's Connnittee and the emphasis has been on
the minority report rather than the majority report.
05
In his s11~11~, M~. Stott advised that the matter can be compromised
and presented petitions si~ned by members of the cou~unity indicating
the extent to which businessmen rely upon si~s and billboards as a
means of effectively reaching their customers; and also presented a ~rritten
summ~ry of his clients' position in regard to the proposed ordinance.
(For full te~t, see petitions and s,lmm~ry on file ~ the City Clerk's
Office.)
}~. John P. Bradshaw, Chai~,m,! of the Signs Subcomm. ittee of the
City Planning Com,~tssion, appeared before Council and presented the
written report of the Planning Co~ssion and ~eviewed portions of the
proposed ordinance.
(See report on file in the City Clerk's Office.)
Mr. Charles A. Price, member of the City ~lanning Commission,
appeared before Council and advised that the Planning Commission has
been striving to propose an ordinance which will not only benefit the
City but help maintain the image that we would like to project in the
City as well as the business industry. He said the Planning Co,,~nlssion
is not trying to hurt businesses but it is trying to compromise between
a majority recommendation and a minority recommendation. Mr. Price
said the Commission found it difficult and time consuming because the
constant discussion has pitted one group against another and the
Planning Commission attempted to be mediators and tried to take the
best solutions out of all the comments and present a recommended
ordinance to Council that would be of benefit to all people of the
City.
The City Manager presented a written report in regard to the
proposed ordinance.
(For full text, see report on file in the City Clerk's Office.)
Mr. Ewert advised that the City Planning Commission has offered
an ordinance of moderation, a compromise that could not be reached by
either side since both sides felt so strongly, ~nd he endorsed the
proposed compromise ordinance and recommended Council's adoption thereof.
The City Attorney submitted a written report attempting to antici-
pate some of the legal questions that the members of Council may have,
advising that the ordinance which the City Planning Commission has
unanimously recommended to Council is defeusible in al! respects.
(For full text, see report on file ~ the City Clerk's Office.)
There ensued a period of questions by the members of Council.
Mr. W. Earl Spruill, Vice President and General Manager of Save-X
Stations= appeared before Council and expressed concern over the
intention of the City Planning Commission from the standpoint that
there is a fine line from what is interpreted as a permanent sign,
what is interpreted as a temporary sign m~d what may be in a window as
a sign. He said his company has six facilities and as they understand
the current ordinance, four of their facilities would not meet the
square footage limits of what they consider to be permanent signs.
He noted that there seems to be some confusiou on the part of many
small businesses as to whether or not they are going to be limited by
the square footage limits on on-premise signs to such degree that it
significantly effects their business in a negative manner.
Mr. Bradshaw advised that an ordinance which will be forthcoming
on temporary signs will clearly delineate what a temporary sign is,
noting that permanent signs, as far as the sign ordinance is interpreted,
would be those signs that are bolted to the building, painted on the
building, bolted to the ground, etc., and many of the signs of the Save-X
Stations would be satisfactory within his understanding of the law.
06
Each member of Council was given the opportunity to ask questions
and make su,.~-ry statements.
Hr. Thomas offered a substitute motion that Council take under
advisement as a Committee of the Whole the proposed ordinance, the
majority report of the Mayor's Sign Co-~tttee, the minority report of
the Mayor's Sign Com~.tttee, the report of the City Planning Co-.~tssion,
the report of the City Manager, and the report of the City Attorney;
that Council conduct one or more public workshop sessions to afford
Council, private citizens and business citizens alike, an opportunity
to review and understand the work done to date, to solicit and analyze
the views of opponents and proponents of the ordinance and to assess
the impact of the ordinance upon the com-.,uity; that Council then
propose its own version of the ordinance, setting forth what a majority
of Council members feel should be the sign ordinance policy of the
City of Roanoke based upon their own independent study, their research
and communication with the citizens, in an effort to avoid emotionalism
on both sides, countercharges that Council has not been involved in
the ordinance to date and to assure one and all that Council does
understand the economic impact of the ordinance; that Council assure all
parties for and against the ordinance that Council will adopt an
ordinance, and when it does, it will be based upon Council's policy,
and Council's policy will be based upon what a majority of Council
members feel is in the best interest of the City of Roanoke.
The Mayor declared the substitute motion lost for lack of a
second.
The following vote was then recorded on the original motion to
adopt Ordinance No. 25932 on its first reading:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis
and Mayor Taylor ..................................................... 6.
NAYS: Council member Thomas .................................... 1.
At 10:10 p.m., the Mayor declared the meeting recessed.
At 10:20 p.m., the meeting reconvened in the Council Chamber,
with Mayor Taylor presiding and all members of the Council present.
CONSENT AGENDA:
ACTION:
The Mayor advised that all matters listed under the Consent
Agenda are considered to be routine and will be enacted by one motion
in the forms listed on the agenda and if discussion is desired, that
item will be removed from the Consent Agenda and considered separately.
He noted that there was one request included on the Consent Agenda for
an Executive Session to discuss a matter of potential litigation.
MINUTES: Minutes of the regular meeting of Council held on
Monday, February 8, 1982; the special meeting of Council held on
Monday, February 16, 1982; and the regular meeting of Council held on
Monday, February 22, 1982, 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 Dr. Butler and adopted by the following vote:
AYES: Council members Thomas, Bowles, Butler, Garland, Harvey,
Landis and Mayor Taylor ............................................... 7.
NAYS: None ...................................................... O.
ACTION:
ACTION:
ACTION:
PENSIONS: A status report of the Mayor's A4visory Committee to
Review the Employees' Retirement System, advising that a draft report
was presented to the Mayor at the December 21, 1981, Council meeting,
that following the presentation, on January 7, 1982, a public hearing
was held to receive input from imterested parties and many persons
provided input to the Committee, was before Council.
Because of the substantive input received by the Co-~ittee, it was
noted that the Committee has met several additional times and has rewrit-
ten several portions of the report; however, before thte final report
can be brought back to Council, it was found to be necessary to forward
the rewritten report back to the actuary for cost estimates to ensure
that the delicate balance between employee wants and needs and the
future resources to cover those requirements is maintained.
It was noted that the Committee is unable at this time to estimate
when it will receive the necessary documentation to complete the report,
however, it will endeavor to keep Council informed of progress.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that the status report be received and filed.
The motion was seconded by Dr. Butler and adopted by the following
vote:
AYES: Council members Thomas, Bowles, Butler, Garland, Harvey,
Landis and Mayor Taylor ............................................... 7.
NAYS: None ...................................................... 0.
AUDITS-JUVENILE AND DOMESTIC RELATIONS DISTRICT COURT: A communica-
tion from Mr. Charles K. Trible, State Auditor of Public Accounts,
transmitting a report on an audit of the Juvenile and Domestic Relations
District Court for the fiscal year ended June 30, 1981, was before the
body.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that the report be ~eceived and filed. The
motion was seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Thomas, Bowles, Butler, Garland, Harvey,
Landis and Mayor Taylor ............................................... 7.
NAYS: None ...................................................... 0.
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss a matter of potential litigation, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the request. The motion
was seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Thomas, Bowles, Butler, Garland, Harvey,
Landis and Mayor Taylor ............................................... 7.
NAYS: None ...................................................... O.
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
ZONING-COMPLAINTS-GAME ROOMS: Mr. William B. Biddle, 2448 Tillett
Road, S. W., appeared before Council and read a prepared statement
requesting that Council adopt a zoning ordinance governing game rooms
in the City of Roanoke.
(For full text, see statement on file in the City Clerk's Office.)
ACTION:
ACTION:
ACTION:
Mr. Landis moved that the matter be referred to the City Attorney
for study and report to Council. The motion was seconded by Mr. Harvey
and unanimously adopted.
TRAFFIC-HOUSING: Mr. Robert N. Richert, 415 Allison Avenue, S.
W., Chairman of the Old Southwest Neighborhood Alliance, appeared
before Council in regard to a request that has been pending for approxi-
mately four months for stop signs on 4th Street and certain other
locations in old southwest, advising that it took four months to get a
negative response from the City Engineer's Department, noting that the
Old Southwest organization has always shown a willingness to negotiate,
discuss and plan with the City, but their patience wears thin when they
are faced with textbook answers to problems that they face everyday in
the neighborhoods pertaining to shortcut traffic, high speed traffic, and
dangerous intersections, irregardless of whether there is reported property
damage or bodily injury in any great amount. He said the neighborhoods
are frustrated by that kind of "foot-dragging" in the City Adimistration.
With reference to another problem, Mr. Richert referred to abandoned
houses on 3rd Street in the 1400 block, advising that the problem is
the message that investors and speculators in this City get from Council
and the Administration on what is acceptable and what is not, and the
message they seem to be getting is that they can do as they please in
the neighborhoods and not be called to account for their actions.
He said it is time for Council to take a public position on what it
really means by revitalization and rehabilitation in the neighborhoods,
advising that when a prominent businessman is permitted to break the
law on a sustained basis, it brings into serious question, from the
neighborhood standpoints why there is a law on the books in the first
place. He added that when the law requires the securing of vacant buildings
to illegal entry to protect the neighbors, that is something which should
be taken very seriously. Mr. Richert stated that it is important for
Council to take a position and take the initiative now to establish
a practice in the City of Roanoke to protect the housing stock when it
is vacant, and to use the laws at its disposal to force property owners
to secure vacant buildings.
Following discussion of the matter, Mr. Harvey moved that the City
Manager be requested to report to Council at its meeting on Monday,
March 22, 1982, in regard to enforcement of the law requiring abandoned
houses to be boarded up and secured for public safety. The motion was
seconded by Mr. Landis and unanimously adopted,
PETITIONS AND COMMUNICATIONS:
JLrNK YARDS-DEALERS IN SECOND HAND MERCHANDISE: A communication
from the Gainsboro Neighborhood Development Corporation requesting that
Council adopt an ordinance to provide that scrap metal dealers, flea
market operators, and antique dealers secure the name and address of
individuals desiring to sell copper tubings, plumbing fixtures and other
items essential to the proper rehabilitation of abandoned and vacant pro-
perties, that they maintain a description of the objects, and that
their records be open for inspection by the proper authorities, was
before Council.
(For full text, see communication on file in the City Clerk's Office.)
Dr. Butler moved that the communication be referred to the City
Attorney for study and report to Council. The motion was seconded by
Mr. Harvey and unanimously adopted.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
OS
ACTION:
ACTION:
ACTION:
TRAFFIC-STATE HIGHWAYS: The City Manager submitted a written
report in regard to the traffic situatio~ at the intersection of Circle
Drive, Grandin Road, and Garst Mill Road intersection, advising that
sight clearance in the northeast quadrant of the intersection has
improved greatly inasmuch as a residential property owner (Mrs.) Geraldine
H. LaPradd willingly trimmed trees and shrubs existing on the corner; that
traffic accidents reported to the Police Department from December 1980
to December 1981 totalled only two for the latest 12-month period; that
traffic volumes and turning movements are approximately the same at
this intersection today as they were three years ago; and traffic signs
are not warranted at this location.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that the report be received and filed. The
motion was seconded by Mr. Harvey and unanimously adopted.
BUDGET-CAPITAL IMPROVEMENTS-EQUIPMENT: The City Manager submitted
a written report concerning capital equipment and maintenance priority
needs, advising that the current situation is that $399,534 unfunded
balance remains for the landfill baler; $30,000 unfunded balance remains
for chillers for the Civic Center; $162,000 unfunded balance remains for
police vehicles; and $800,000 unfunded balance remains for paving. Mr.
Ewert noted that sources of available funds have been identified by the
Department of Finance in two separate categories, as follows: funds
that are appropriated and will not be required in fiscal year 1982 and
revenues received that were unexpected or one time reimbursements.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas moved that action on the report be deferred and that
the City Manager be requested to submit a report to Council at its
Financial and Planning Session on Monday, March 15, 1982, setting forth
the amount of street paving that has been done to date and how that
correlates with the street paving program which was undertaken several
years ago. The motion was seconded by Mr. Garland and unanimously
adopted.
ITEMS RECOMMENDED FOR ACTION:
AIRPORT: The City Manager submitted a written report recommending
approval of a new lease with the Federal Aviation Administration for
0.253 acre of land at Roanoke Municipal Airport, Woodrum Field, for a
remote transmitting receiver equipment site, for a term beginning July
1, 1982, and ending September 30, 1982, with the option afforded the
United States of America to renew the lease for yearly terms through
September 30, 2007, said lease to provide that the land shall be leased
rent free.
(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:
(#25933) AN ORDINANCE providing for the City's lease to the
United States of America of land at Roanoke Municipal Airport, Woodrum
Field, for a remote transmitting receiver site.
(For full text of Ordinance, see Ordinance Book No.
The motion was seconded by Mr. Garland and adopted by the following
vote:
AYES: Council members Thomas, Bowles, Butler, Garland, Harvey,
Landis and Mayor Taylor ................................................ 7.
NAYS: None ....................................................... 0.
ACTION:
COUNCIL: The City Manager submitted a written report advising
that Council has authorized the holding of a special meeting on Monday,
March 15, 1982, to receive bids on downtown street improvements and
lighting and to appoint a bid co,~,tttee to consider those bids, reeom~ending
that the special meeting be expanded upon to authorize consideration of
the Bid Committee's reports on the Raleigh Court Branch Library Furnishings,
the Church Avenue Park Project amd the Market Square Lighting and
Market Square Banner Anchors.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(#25934) A RESOLUTION amending Resolution No. 25922, adopted
February 22, 1982, to expand the business to be conducted at the Special
Meeting of the Council of the City of Roanoke on March 15, 1982, at
2:30 p.m.
(For full text of Resolution, see Resolution Book No. 47, page 179.)
Mrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Thomas, Bowles, Butler, Garland, Harvey,
Landis and Mayor Taylor ................................................. 7.
NAYS: None ....................................................... O.
CITY ATTORNEY:
EROSION AND SEDIMENT CONTROL: The City Attorney submitted a
written report advising that at the request of the City Engineer, he
has drafted an ordinance providing for certain amendments to the Code
of the City of Roanoke necessitated by changes in State law pertaining
to erosion and sediment control and by the recent revision of the
Virginia Erosion and Sediment Control Handbook. Mr. Dibling pointed
out that the first change exempts surface or deep mining or exploration
or drilling for oil and gas from the requirements of the City's erosion
and sediment control ordinance; that Section 11-8 has been amended to
make reference to the new Virginia Erosion and Sediment Control Handbook,
(2nd Edition, 1980), rather than the 1974 version of this handbook; amd
Section 11-12 has been amended to conform the language of that section
with the Code of Virginia provisions relating to guarantees that may be
required from developers or subdividers in relation to the issuance of
a land disturbing permit. The City Attorney pointed out that copy of
the proposed ordinance is transmitted for Council's review and it will
be placed on the March 22, 1982, agenda for adoption.
(For full text, see report on file in the City Clerk's Office.)
Inasmuch as the proposed ordinance will be placed on the March 22,
1982, agenda for adoption, no official action was taken on the report.
DIRECTOR OF FINANCE:
PUBLIC ASSISTANCE-CONSULTANTS' REPORTS: The Director of Finance
submitted a written report advising that on September 9, 1981, Council
authorized the hiring of David M. Griffith and Associates, Ltd., to
develop a cost allocation plan for determining administrative costs to
the City of operating various federal programs, the fee for these
services being up to a maximum of $12,840.00 and determined by the
amount of recoveries from the State and Federal governments as a
direct result of claims submitted based on the cost allocation plan.
Mr. Schlanger noted that funds have not been appropriated for payment
of these professional services, that the City received $86,146.00
ACTION:
ACTION:
on February 16, 1982, for Public Assistance Programs, that this recovery
is a result of the cost allocation plan and recommending that $12,840.00
of these funds be appropriated for payment to David Griffith & Associates,
with the remainder of the funds, $73,306.00, being appropriated to the
Contingency Reserve Account.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#25935) AN ORDINANCE to amend and reordain certain sections of
the 1981-82 General Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 179.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Landis and adopted by the following vote:
AYES: Council members 'Thomas, Bowies, Butler, Garland, Harvey,
Landis and Mayor Taylor ............................................... 7.
NAYS: None ...................................................... 0.
REPORTS OF COMMITTEES:
TRAFFIC-CITY PROPERTY: Council member Thomas, Chairman of the
Water Resources Committee, submitted a written report of the committee,
recommending that the City enter into an agreement with Allright J & S
Parking Company, Incorporated, for their operation of City-owned parking
lots under the Hunter Viaduct at a monthly rental of $1,250.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas moved that the following Ordinance be placed upon its
first reading:
(#25936) AN ORDINANCE providing for the City's lease of real
estate between Norfolk and Salem Avenues, S. E., Roanoke, Virginia,
Allright, J & S Parking Company, Inc. for public parking.
to
(For full text of Ordinance, see Ordinance Book No. 47, page 189.)
The motion was seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council members Thomas, Bowles, Butler, Garland, Harvey,
Landis and Mayor Taylor ................................................ 7.
NAYS: None ....................................................... 0.
BUDGET-FIFTH DISTRICT EMPLOYMENT AND TRAINING CONSORTIUM: The
City Manager submitted a written report advising that $129,579.81 has
been determined as available CETA carryover funds from fiscal year 1981
into fiscal year 1982, noting that fiscal year 1981 funds must be
reappropriated and reallocated to fiscal year 1982 accounts, that funds
which were cut by the U. S. Department of Labor for fiscal year 1982
must be deobligated from the appropriate accounts and increases in
funding levels must be appropriated to the corresponding City of Roanoke
account. Mr. Ewert recommended that Council adjust the CETA accounts
for the fiscal year carry-forward funds and increases and decreases in
funding authority.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
ACTION:
ACTION:
Mr. Landis offered the following emergency Ordinance:
(#25937) AN ORDINANCE to amend and reordain certain sections of
the 1981-82 Fifth District Consortium Fund Appropriations, and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 180.)
Mr. Landis moved the adoption of the Ordinance. The motion
was seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Thomas, Bowles, Butler, Garland, Harvey,
Landis and Mayor Taylor ............................................... 7.
NAYS: None ...................................................... O.
UNFINISHED BUSINESS:
TRAFFIC-BUDGET: Council at its regular meeting on Monday, March
1, 1982, having deferred action on a report of the City Manager in
connection with the redesign of Church Avenue and Second Street, the
matter was again before the body.
In his report, the City Manager advised that the geometrics of the
intersection must be altered to safely accon~odate traffic flow along
Church Avenue, which includes acquisition of right of way at the northeast
corner of the intersection in order to increase comer radius.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas offered the following emergency Ordinance transferring
$30,753.00 from the undesignated capital funds and $3,886.00 from the
War Memorial account into Campbell Avenue Traffic Reduction Account to
cover the estimated costs with actual work to be done by City forces:
(#25938) AN ORDINANCE to amend and reordain certain sections of
the 1981-82 Capital Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 181.)
Mr. Thomas moved the adoption of the Ordinance. The motion was
seconded by Mr. Landis and adopted by the following vote:
AYES: Council members Thomas, Bowles, Butler, Garland, Harvey,
Landis and Mayor Taylor ............................................... 7.
NAYS: None ...................................................... 0.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
ZONING: Ordinance No. 25930 rezoning property located at 3361
Melrose Avenue, N. W., containing 2.184 acres, designated as Official
Tax No. 2660519 from C-2, General Commercial District, to LM, Light
Manufacturing District, having previously been before the Council for
its first reading on Monday, March 1, 1982, 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:
(#25930) AN ORDINANCE to amend Sections 36-3 and 36-4, Code of
the City of Roanoke (1979), as amended, and Sheet No. 266, Section 1976
Zone Map, City of Roanoke, in relation to Zoning, subject to certain
conditions.
(For full text of Ordinance, see Ordinance Book No. 47, page 178.)
ACTION:
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis and
Mayor Taylor ......................................................... 6.
NAYS: None ..................................................... 0.
(Council member Thomas abstained from voting because his law firm
represents the petitioner.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COI~4ENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
At 11:00 p.m., the Mayor declared the meeting recessed.
At 11:10 p.m., the meeting reconvened in the Council Chamber with
Mayor Taylor presiding and all members of the Council present.
OTHER HEARINGS OF CITIZENS:
APPALACHIAN POWER COMPANY-UTILITIES: The City Manager submitted
a written report recon~ending that he be authorized to execute new
electrical rates with Appalachian Power Company as recomended by a
communication from the Virginia Municipal League under date of February
24, 1982, excepting, however, no agreement is to be made on a street
lighting contract pending additional information which must be attained
prior to the expiration of the present street lighting contract on
December 31, 1982, the cost to the City being estimated to increase a
total amount as follows based on the theoretical annualized rate:
FY 82 - 464,250
FY 83 - 464,250 + 139,328 = 603,578
FY 84 - 464,250 + 139,328 + 140,691 = 744,269
Mr. Ewert advised that the above costs are based on 1981 expenditures
and do not reflect changes in electrical usages nor automatic increases
in the fuel adjustment clause, that contract execution will be authorized
for a basic, non-street lighting contract running through June 30,
1984, and street lighting is not agreed to at this time pending additional
information to be obtained prior to the expiration of our current
contract.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#25939) AN ORDINANCE authorizing a certain contract to be
entered with Appalachian Power Company for a term of July 1, 1981, to
June 30, 1984, establishing electrical rates to be charged to the City
for electrical power provided for City buildings and facilities; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 181.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Thomas, Bowles, Butler, Garland, Harvey,
Landis and Mayor Taylor ............................................... 7.
NAYS: None ...................................................... 0.
There being no further business, the Mayor declared the meeting
adjourned at 11:15 p.m.
APPROVED
ATTEST:
City Clerk
Mayor
13
SPECIAL SESSION ..... ROANOKE CITY COUNCIL
March 15, 1982
2:30 p.m.
The Council of the City of Roanoke met in special meeting in the
Council Chamber in the Municipal Building, City of Roanoke, on Monday, March
15, 1982, at 2:30 p.m., with Mayor Noel C. Taylor presiding.
PRESENT: Council members Elizabeth T. Bowles, Wendell H. Butler,
Robert A. Garland, James G. Harvey, II, Charles L. Landis, Hampton W. Thomas and
Mayor Noel C. Taylor .......................................................... 7.
ABSENT: None ....................................................... 0.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. W. Robert Herbert,
Assistant City Manager; Mr. Wilburn C. Dibling, Jr., City Attorney; Mr. Joel M.
Schlanger, Director of Finance; and Mrs. Mary F. Parker, City Clerk.
The invocation was delivered by Council member Elizabeth T. Bowles.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
The special meeting of Council was called pursuant to the following
Resolutions:
"IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 22nd day of February, 1982.
No. 25922.
A RESOLUTION fixing the date of a special meeting of the Council
of the City of Roanoke.
BE IT RESOLVED by the Council of the City of Roanoke that a
special meeting of the Council be held on the 15th day of
March, 1982 at 2:30 p.m., in the Council Chambers of the
Municipal Building, 215 Church Avenue, S. W., in said City for
the purpose of receiving bids on Downtown Street Improvements
and Lighting and appointing a bid committee to examine, tabu-
late, study and report back to Council with an appropriate
recommendation in regard to said bids."
"IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 8th day of March, 1982.
No. 25934.
A RESOLUTION amending Resolution No. 25922, adopted February
22, 1982, to expand the business to be conducted at the Special
Meeting of the Council of the City of Roanoke on March 15,
1982, at 2:30 p.m.
BE IT RESOLVED by the Council of the City of Roanoke that Re-
solution No. 25922, adopted February 22, 1982, to provide for
a Special Meeting of Council on March 15, 1982, at 2:30 p.m.,
is hereby amended to provide that, in addition to those pur-
poses set forth in such resolution, Council shall also re-
ceive Bid Committee reports on the Raleigh Court Branch
Library Furnishings, the Church Avenue Park Project and
the Market Square Lighting and Banner Anchors at such
Special Meeting to be held on March 15, 1982, at 2:30
p.m., in the Council Chambers of the ~anicipal Building,
215 Church Avenue, S. W.
ACTION:
ACTION:
DOWNTOWN ROANOKE-STREETS AND ALLEYS: Pursuant to notice of
advertisement for bids for downtown street improvements amd lighting,
said proposals to be received by the City Clerk until 1:30 p.m., on
Monday, March 15, 1982, and to be held, opened and read before the
Council at 2:30 p.m., or as soon thereafter as the matter may be
heard on that date, 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:
New River Electrical
Corporation
S. R. Draper
Pavin~ Co.
Base Bid $751,617.00 $1,115,000.00
Alt. #i 208,950.00 184,000.00
Alt. #2 55,050.00 52,339.00
Alt. #3 -15,519.00 -6,885.00
Alt. #4 -34,534.00 -13,167.00
Alt. #5 119,994.00 169,707.00
Alt. #6 -5,137.00 -6,840.00
Alt. #7 -9,944.00 -10,620.00
Varney Electric
Company~ Inc.
Base Bid $1,122,000.00
Alt. #1 180,000.00
Alt. #2 57,570.00
Alt. #3 -20,O00.00
Alt. #4 -50,000.00
Alt. #5 210,470.00
Alt. #6 -4,500.00
Alt. #7 -11,000.00
Mr. Thomas moved that the bids be referred to a co~mmittee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Dr. Butler and unanimously adopted.
The Mayor appointed Messrs. Charles L. Landis, Chairman, Thomas
F. Brady and Richard B. Burrow as members of the committee.
PARKS AND PLAYGROUNDS: Council member Landis, Chairman of the
co~ittee appointed by the Mayor to study bids received for construction
of the Church Avenue Park, Century Project No. 12-94, submitted a
written report of the co~nittee recommending that the City Manager be
authorized to enter into a contractual agreement with Thor, Incorporated,
for the sum of $179,785.00, which includes base bid plus alternates 1,
2, 4 and 6, and a construction time of 180 consecutive calendar days;
and that funding for the project be approved as follows:
"From Park Improvements
Account NO. A08310172506
$112,000.00
From undesignated capital funds
76~775.00
$188,775.00
Funding should be transferred to Church Avenue Park Project
Account No. A08170190300 with a project account of $179,785.00
and a project contingency of $8,990.00."
(For full text, see report on file in the City Clerk's Office.)
The City Manager submitted a written report recommending that
the report of the Bid Committee be approved and that the recommended
action be taken.
(For full text, see report on file in the City Clerk's Office.)
15
ACT ION:
ACTION:
Hr. Landis offered the following emergency Ordinance providing
funds for the project:
(#25940) AN ORDINANCE to amend and reordain certain sections of
the 1981-82 Capital Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 182.)
Hr. Landis moved the adoption of the Ordinance. The motion was
seconded by Hr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ............................................... 7.
NAYS: None ...................................................... O.
Mr. Landis offered the following emergency Ordinance accepting
the bid of Thor, Incorporated:
(#25941) AN ORDINANCE accepting the bid of Thor, Inc., for
construction of the Church Avenue Park Project, upon certain terms and
conditions, and awarding a contract therefor; authorizing the proper
City officials to execute the requisite contract for such work; rejecting
all other bids made to the City for the work; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 182.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Hrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ............................................... 7.
NAYS: None ...................................................... O.
Mr. Warner N. Dalhouse, Chairman of the Board of First National
Exchange Bank of Virginia, appeared before Council and advised that
the City of Roanoke is 100 years old this year and so is First National
Exchange Bank; and as a part of the marriage that has made FNEB a pro-
fitable banking corporation to which it feels it has participated to a
significant degree in the economic development of this City, this Valley,
and if not all of western Virginia, FNEB, as a birthday present to the
City, would like to make a contribution to the City of Roanoke of
$50,000.00 to complete the work on the small park on Church Avenue
in~nediately across the street from the old Number One Fire Station.
Mr. Dalhouse said First National Exchange Bank is committed to downtown
Roanoke, not only to its economic development; but to its beautification.
He said, First National Exchange Bank feels that the revitalization and
the vitality of the central part of the City is essential to the long-
range economic stability and growth of all of the Roanoke Valley.
On behalf of the City of Roanoke, the Mayor expressed appreciation
to Mr. Dalheuse.
CITY MARKET: Council member Landis, Chairman of the committee
appointed by the Mayor to study bids received for construction of
Market Square lighting and Market area anchors, Century Project Nos.
12-93 and 05-01, submitted a written report of the com~ittee recommending
that the City Manager be authorized to enter into a contractual agreement
with Watts and Breakell, Inc., for the sum of $52,157.00 which includes
base bid plus five alternates, noting that construction time is quoted
as 90 consecutive calendar days plus 60 consecutive calendar days for
Alternate No. 4; and that funding for the project be approved as
follows:
ACTION:
ACTION:
From Public Buildings 1980 Bond Issue
Account No. A08310172602 to Market Square
Lighting/Area Anchors Account No.
A08180191700
$ 28,000.00
From undesignated Capital Funds to Market
Square Lighting/Area Anchors Account No.
A0glg0191700
26,764.00
Total $ 54,764.00
(For full text, see report on file in the City Clerk's Office.)
The City Manager submitted a written report reco~ending that the
Bid Co~m~ittee report be approved and that the recommended action be
taken.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance providing
funds:
(#25942) AN ORDINANCE to amend and reordain certain sections of
the 1981-82 Capital Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No.
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ............................................... 7.
NAYS: None ..................................................... 0.
Mr. Landis offered the following emergency Ordinance accepting
the bid of Watts and Breakell, Inc.:
(#25943) AN ORDINANCE accepting a bid for providing and installing
Market Square lighting and Market area banner anchors; authorizing a
contract to be entered into for such work; rejecting another bid made
to the City for such work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 183.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ............................................... 7.
NAYS: None ...................................................... 0.
LIBRARIES: Council member Landis, Chairman of the committee
appointed by the Mayor to tabulate bids received for furnishings for
the Raleigh Court Branch Library, Century Project No. 13-05, submitted
a written report of the Committee recom~nending that the City Manager
be authorized to enter into a contractual agreement with King Business
Interiors, for the sum of $24,203.00, furnishings and installation to
be in accordance with the contract documents as prepared by Bowling
and Martin, Architects, Engineers, Planners, and completion date to
coincide with finishing of the library additions and alterations.
The Committee recommended that funding for the project be approved
as follows:
17
From Public Buildings 1980 Bond Issue Account No.
A08310172602 to l~aleigh Court Branch Library
Account No. A08180191565 for construction
$25,403.00
Funding to be designated as follows:
For furnishings ~nd installation
Job contingency account
$24,203.00
1~200.00
$25,403.00
(For full text, see report on file in the City Clerk's Office.)
The City Manager submitted a written report recommending that the
Bid Committee report be approved and the recommended action taken.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
Mr. Landis offered the following emergency Ordinance providing
funds:
(#25944) AN ORDINANCE to amend and reordain certain sections of
the 1981-82 Capital Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 184.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ............................................... 7.
NAYS: None ...................................................... O.
ACTION:
Mr. Landis offered the following emergency Ordinance accepting
the bid of King Business Interiors, Inc.:
(#25945) AN ORDINANCE accepting a bid for providing and installing
furnishings at the Raleigh Court Branch Library; authorizing a contract
to be entered into for such work; rejecting other bids made to the
City for such work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 184.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis,
Thomas and Mayor Taylor ..............................................
NAYS: None ..................................................... 0.
There being no further business, the Mayor declared the special
meeting adjourned at 3:00 p.m.
ATTE ST: ~-~
City Clerk
APPROVED
May
18
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
March 22, 1982
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the Council
Chamber in the Municipal Building, City of Roanoke, on Monday, March 22, 1982, at
2:00 p.m., the regular meeting hour, with Vice-Mayor Wendell H. Butler presiding.
PRESENT: Council members Robert A. Garland, James G. Harvey, II, Charles
L. Landis, Hampton W. Thomas, Elizabeth T. Bowles and Vice-Mayor Wendell H.
Butler ........................................................................... 6.
ABSENT: Mayor Noel C. Taylor .......................................... 1.
OFFICERS PRESENT: Mr. R. B. Ewert, City Manager; Mr. W. Robert Herbert,
Assistant City Manager; Mr. Wilburn C. Dibling, Jr., City Attorney; Mr. William M.
Hackworth, Assistant City Attorney; Mr. Joel M. Schlanger, Director of Finance; amd
Mrs. Mary F. Parker, City Clerk.
The invocation was delivered by the Reverend William Post, Associate
Pastor, New Life Temple.
The Pledge of Allegiance to the Flag of the United States of America was
led by Vice-Mayor Butler.
PROCLAMATIONS: On behalf of the Mayor, the Vice-Mayor presented a proclama-
tion declaring the month of April as Clean Valley Month in the City of Roanoke.
(For full text, see proclamation on file in the City Clerk's Office.)
BID OPENINGS:
SEWERS AND STORM DRAINS: Pursuant to notice of advertisement for bids for
construction of Bond Issue Storm Drain Project VI, Mt. Vernon Road and
Windsor Avenue, S. W./Sherwood Avenue, S. W., and Brandon Avenue, S. W.,
from Langdon Road to Lincoln Avenue/Carlton Road, S. W., said proposals to
be received by the City Clerk until 1:30 p.m., on Monday, March 22, 1982,
and to be 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 representa-
tive 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:
Base Bid & Base Bid & Base Bid &
Base Bid Alt. No. 1 Alt. No. 2 Alt. 1 & 2
Mullins and Jones, Inc.
E. C. Pace & Co., Inc.
Laramore Construction Co.
F. L. Showalter, Inc.
S. C. Rossi & Co., Inc.
Seaboard Contractors, Inc.
Prillaman & Pace, Inc.
Aaron J. Conner General
Contractor, Inc.
$255,548.50
305,354.40
309,066.80
317,297.50
343,459.50
361,649.90
357,333.00
561,445.75
$302,048.00
368,578.40
369,453.20
372,590.60
401,857.00
426,952.15
427,613.00
664,510.75
$292,150.25
348,875.15
352,246.95
359,073.50
396,004.50
413,644.90
409,198.00
633,433.25
$338,649.75
412,099.15
412,633.35
414,366.60
454,402.00
478,947.15
479,478.00
736,498.25
ACTION: Mr. Thomas moved that the bids be referred to a committee to be
appointed by the Vice-Mayor for tabulation, report and recommendation to
19
ACTION:
ACTION:
ACTION:
Council. The motion was seconded by Mr. Harvey and adopted.
The Vice-Mayor appointed Messrs. Charles L. Landis, Chairm~n, Thotaas
F. Brady and Richard B. Burrow as members of the committee.
WATER DEPARTMENT: Pursuant to notice of advertisement for bids for
the construction of a 12-inch water main extension on Southern Lane to Old
Rocky Mount Road and an 8-inch water main extension on Southern Hills
Drive to Griffin Road, said proposals to be received by the City Clerk
until 1:30 p.m., on Monday, March 22, 1982, and to be opened and read
before the Council at 2:00 p.m., or as soon thereafter as the matter may
be heard on that date, 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:
E. C. Pace Company, Inc. -
S. C. Rossi and Company, Incorporated -
J. P. Turner and Brothers, Incorporated -
Mullins and Jones, Incorporated -
Jack St. Clair, Incorporated -
Prillaman and Pace, Incorporated -
Aaron J. Conner General Contractor,
Incorporated
E. F. Blankenship Company
$61,501.00
75,325.00
75,596.00
76,480.00
78,167.50
78,980.00
90,074.00
90,750.00
Mr. Thomas moved that the bids be referred to a committee to be
appointed by the Vice-Mayor for tabulation, report and recommendation
Council. The motion was seconded by Mr. Harvey and adopted.
to
The ¥ice-Mayor appointed Messrs. Charles L. Landis, Chairman, Thomas
F. Brady and Kit B. Kiser as members of the committee.
CONSENT AGENDA:
ACTION:
The Vice-Mayor advised that all matters listed under the Consent
Agenda were considered to be routine by the Council and would be enacted
by one motion in the forms listed on the agenda and if discussion was
desired, that item will be removed from the Consent Agenda and considered
separately. He noted that Councilman Landis had requested an Executive
Session to discuss a matter of potential litigation, that the City Manager
had requested an Executive Session to discuss a matter of real estate, and
the City Attorney had requested an Executive Session to discuss a matter
of potential litigation.
COUNCIL: A communication from Councilman Charles L. Landis requesting
an Executive Session to discuss a matter of potential litigation, 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. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Garland, Harvey, Landis, Thomas, Bowles and
Vice-Mayor Butler ........................................................ 6.
NAYS: None .......................................................... 0.
(Mayor Taylor was absent.)
ACTION:
ACTION:
ACTION:
CELEBRATIONS: A communication from Mr. William W. Hargrave, Jr.,
County Administrator, Giles County, transmitting a resolution adopted
by the Giles County Board of Supervisors expressing their heartfelt
sentiments in recognition of the celebration of Roanoke's centennial, was
before the body.
(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 with appreciation. The motion was seconded by Mr. Garland and
adopted by the following vote:
AYES: Council members Garland, Harvey, Landis, Thomas, Bowles and
Vice-Mayor Butler ....................................................... 6.
NAYS: None ........................................................ O.
(Mayor Taylor was absent.)
WATER: A communication from Mr. Donald R. Flanders, Clerk, Roanoke
County Board of Supervisors, transmitting Resolution No. 3075 adopted by
the Board on March 9, 1982, authorizing Hayes, Seay, Mattern and Mattern to
provide a feasibility study regarding a valley-wide water supply, upon
certain conditions, 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. Garland and adopted by the following vote:
AYES: Council members Garland~ Harvey, Landis, Thomas, Bowles and
Vice-Mayor Butler ....................................................... 6.
NAYS: None ........................................................ O.
(Mayor Taylor was absent.)
WATER: A report of the City Manager concerning the request of Mr.
J. Terence Neate that the procedure for obtaining City water service be
changed in order to permit new business by telephone or mail, advising
that in September 1979, Billings and Collections adopted an improved water
agreement form which requires a water customer to appear in person for a
first request for service or if no agreement is on file; and water service
accounts may now change account by mail or telephone, 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. Garland and adopted by the following vote:
AYES: Council members Garland, Harvey, Landis, Thomas, Bowles and
Vice-Mayor Butler ....................................................... 6.
NAYS: None ........................................................ 0.
(Mayor Taylor was absent.)
COUNCIL: A report of the City Manager requesting an Executive Session
to discuss a real estate matter, was before the body.
(For full text, see report on file in the City Clerk's Office.)
21
ACTION:
ACTION:
ACTION:
Mrs. Bowles moved that Council concur in the request. The motion was
seconded by Hr. Garland and adopted by the following vote:
AYES: Council members Garland, Harvey, Landis, Thomas, Bo~les and
Vice-Hayor Butler ........................................................ 6.
NAYS: None .......................................................... O.
(Hayor Taylor was absent.)
COUNCIL: A report of the City Attorney requesting an Executive
Session to discuss a matter of potential litigation, 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. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Garland, Harvey, Landis, Thomas, Bowles and
Vice-Mayor Butler ........................................................ 6.
NAYS: None ....................... i ................................ 0.
(Mayor Taylor was absent.)
At 2:20 p.m., the Vice-Mayor declared the meeting recessed.
At 2:55 p.m., the meeting reconvened in the Council Chamber with Vice-
Mayor Butler presiding and all members of Council present, with the exception
of Mayor Taylor.
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke City School Board
requesting appropriations of $325.00 to CETA Title II-B, LPN 81-82, and
$180.00 to CETA Title II-B, Geriatric Nursing 81-82, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
In this connection, a report of the Director of Finance advising that
funding for the above described items is 100 per cent federal funds,
and recommending that Council concur in the request, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#25946) AN ORDINANCE to emend and reordain certain sections of
the 1981-82 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, Page 189.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Garland, Harvey, Landis, Thomas, Bowles and
Vice-Mayor Butler ................................................. ~ .... 6.
NAYS: None ....................................................... 0.
(Mayor Taylor was absent.)
ACTION:
ACTION:
ACTION:
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
DOGS: The City Manager having previously submitted a written report
reserving space on the agenda for a report concerning the status of the
current dog ordinance, the Assistant City Manager orally requested that
the item be withdrawn from the agenda.
Mr. Garland moved that Council concur in the request. The motion was
seconded by Mrs. Bowles and adopted.
REFUSE COLLECTION: Mr. Thomas F. Brady, Director of Public Works,
appeared before Council and presented a briefing on the status of bulk
refuse collection service, advising that on August 24, 1981, the City
agreed to go out of the bulk refuse collection business, and funding for
the 1982-83 budget anticipates the proceeds from the sale of eleven vehicles
that are currently used by the City for this service. He stated that
bids will be received by the Bid Comittee on Tuesday, March 23 and the
committee will submit a report to Council, along with the details of the
implementation procedure, and fees and controls, and it is anticipated
that this information will be submitted to Council within the next few
weeks.
Mr. Garland moved that the oral report be received and filed. The
motion was seconded by Mr. Thomas and adopted.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-PUBLIC ASSISTANCE: The City Manager submitted a written
report recommending that $100,000.00 be transferred for purchase by the
Department of Human Resources, Social Services, of employment services
determined to be needed by citizens of the City.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance transferring
the requested funds:
(#25947) AN ORDINANCE to amend and reordain certain sections of the
1981-82 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, Page 190.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Garland, Harvey, Landis, Thomas, Bowles and
Vice-Mayor Butler ..........................................................
NAYS: None ........................................................... O.
(Mayor Taylor was absent.)
CITY ATTORNEY:
PLANNING-EROSION AND SEDIMENT CONTROL: The City Attorney submitted a
written report transmitting amendments to the Erosion and Sediment Control
Ordinance, advising that Section 11-7 exempts surface or deep mining or
exploration or drilling for oil and gas from the requirements of the
Z$
ACTION:
ACTION:
City's Erosion and Sediment Control ordinance; and Section 11-8 has been amended
to make reference to the New Vir$inia Erosion and Sediment Control Handbook (2nd
Edition, 1980), rather than the 1974 version of this Handbook; and Section 11-12
has been amended to conform the language of that section with the Code of
Virginia provisions relating to guarantees that may be required from developers
or subdividers in relation to the issuance of a land disturbing permit.
(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:
(#25948) AN ORDINANCE amending and reordaining §§2-234, General
powers and duties, 2-325, Comprehensive plan - Generally, 2-326, Same -
S~rveys and studies during preparation; general purpose, 2-237, Same -
Procedure for adopting; amending, and 2-328, Same - Legal status, of
Article XV, Planning Commission, of Chapter 2, Administration, of the Code
of the City of Roanoke (1979), as amended, to conform certain provisions of
the City Code with State law.
(For full text of Ordinance, see Ordinance Book No. 47, Page 194.)
The motion was seconded by Mr. Garland and adopted by the following
vote:
AYES: Council members Garland, Harvey, Landis, Thomas, Bowles and
Vice-Mayor Butler ........................................................ 6.
NAYS: None ........................................................ O.
(Mayor Taylor was absent.)
ACTS OF ACKNOWLEDGEMENT-PARKS AND PLAYGROUNDS-DONATIONS: The City
Attorney submitted a written report advising that Section 2-263, Code of
the City of Roanoke (1979), as amended, requires that all gifts to the City
of more than $5,000 be accepted by resolution of Council; accordingly, he
presented a resolution to formally accept the generous corporate gift
offered to the City on behalf of First National Exchange Bank by its Chair-
man and Chief Executive Officer, Warner N. Dalhouse, at the Council meeting
on March 15, 1982, noting that the resolution expresses the appreciation of
Council, on behalf of the city and its citizens, to the Bank for its thought-
ful and generous gift.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(#25949) A RESOLUTION accepting the generous gift of First National
Exchange Bank on the occasion of the City's Centennial.
(For full text of Resolution, see Resolution Book No. 47, Page 190.)
Mrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Garland, Harvey, Landis, Thomas, Bowles and
Vice-Mayor Butler ........................................................ 6.
NAYS: None ......................................................... 0.
(Mayor Taylor was absent.)
ACTION:
ACTION:
ACTION:
DIRECTOR OF FINANCE:
PENSIONS-CITY EMPLOYEES: The Director of Finance submitted a written
report concerning the possibility of immediately returning employee contri-
butions presently held in the Employees' Retirement System to the employees,
recommending that all employee contributions be returned to those employees
on or after May, 1973, with four per cent interest calculated at the end of
the month prior to the release of the refunds.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas moved that Council concur in the recommendation and that
the report be referred to the City Attorney for preparation of the proper
measure. The motion was seconded by Mr. Landis and adopted.
SCHOOLS: The Director of Finance having previously reserved space on
the agenda for a report relating to payroll consolidation with the City
schools, he orally requested that the item be withdrawn from the agenda.
Mrs. Bowles moved that Council concur in the request. The motion was
seconded by Mr. Garland and adopted.
REPORTS OF COMMITTEES:
SEWERS AND STORM DRAINS: Councilman Landis, Chairman of the committee
appointed by the Mayor to tabulate bids received for construction of Bond
Issue Storm Drain Project II, Northwood Drive and Barnett Road, and Wood-
bridge Avenue and Kay Street, submitted a written report of the co~nittee
reco~nending that the low bid of H & S Construction Company, in the amount
of $47,846.85, be accepted, that a contingency of $2,153.15 be established,
and that funds be transferred therefor.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance transferring
funds from the existing accounts to Storm Drain Project No. II Account No.
A08220191900 with the funds to be expended in the following order:
1. Bond Storm Drain Account (A08310172601) $ 45,000.00
2. Southern Hills Storm Drain Account
(A08220191203) 5,000.00
(Remaining from previously completed project)
Total $ 50,000.00
($47,846.85 contract ahd $2,153.15 contingency.)
(#25950) AN ORDINANCE to amend and reordain certain sections of the
1981-82 Capital Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, Page 191.)
Mr. Landis moved the adoption of the Ordinance. The motion was second-
ed by Mr. Thomas and adopted by the following vote:
AYES: Council members Garland, Harvey, Landis, Thomas, Bowles and
Vice-Mayor Butler ............................. r ........................ 6.
NAYS: None ....................................................... O.
(Mayor Taylor was absent.)
ACTION:
ACTION:
Mr. Landis offered the following emergency Ordinance accepting the
bid of B & S Construction Company:
(#25951) AN ORDINANCE accepting a bid and awarding a contract for
Bond Issue Storm Drain Project II (Northwood Drive and Barnett Road and
Woodbridge Avenue and Kay Street): authorizing the proper City officials
to execute the requisite contract; rejecting certain other bids made
therefor; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, Page 192.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by }ir. Thomas and adopted by the following vote:
AYES: Council members Garland, Harvey, Landis, Thomas, Bowles and
Vice-Mayor Butler ....................................................... 6.
NAYS: None ........................................................ 0.
(Mayor Taylor was absent.)
UNFINISHED BUSINESS:
HOUSING: The City Manager submitted a written report in regard to
the offer of Virginia Housing Development Authority of additional mortgage
funds for "Targeted Census Tracts" and "Areas of Chronic Economic Distress",
advising that VHDA has offered to reserve $1.! million for use in designated
distressed areas of Roanoke, at 13.7 per cent interest, for mortgages for
new construction, purchase/repair of deteriorated housing or purchase of
existing housing in good repair. It was noted that the Gainsboro Neighborhood
Development Corporation has requested that the City accept VHDA's $1.1
million offer and reserve $550,000.00 of it for Gainsboro specifically,
with certain stipulations.
The City Manager recomxaended that he be authorized to accept VHDA's
special allocation of $1.1 million for mortgage loans at 13.7 per cent in
targeted areas, and execute agreement with VHDA to do so in a form approved
by the City Attorney; reserve $550,000.00 of the allocation for use in
Gainsboro specifically with the remaining $550,000.00 for use in all
qualifying areas, including Gainsboro; cooperate with VHDA in gaining
designations of "Chronic economic distress" for as much of the City as
possible, including Hurt Park and Old Southwest; after five months, consider
rearranging allocations to neighborhood areas based on indicated demand
for loans} and, in cooperation with neighborhood organizations and VHDA,
administratively select financial institutions to receive and process loan
applications.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(#25952) A RESOLUTION authorizing the City Manager to execute an
agreement with the Virginia Housing Development Authority providing for an
allocation of $1.1 million in mortgage financing for certain areas of the
City, and authorizing certain other actions relating thereto.
(For full text of Resolution, see Resolution Book No. 47, Page 192.)
Mrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Garland, Harvey, Landis, Thomas, Bowles and
Vice-Mayor Butler ...................... ~ ................................ 6.
NAYS: None ........................................................ 0.
(Mayor Taylor was absent.)
ACTION:
BUILDINGS: Council at its meeting on Monday, March 8, 1982, having
requested that the City Manager submit a report with regard to enforcemmnt
of the law requiring abandoned houses to be boarded up and secured for
public safety, the Director of Pu~lic.Works.appeared before Council and
advised that the basic question is how do we as a City, a co~minity and as
individual citizens preserve and, where needed, rehabilitate our existing
housing. He advised that the City, through action by Council, has established
policy relative to housing over the last year and one-half, that the
obtainment of substantial results has not been as great as originally
desired by this time, and noted that the economics with related high
interest rates, unemployment, and the general concern and uncertainty of
our citizens has not allowed all citizens desiring to purchase or rehabilitate
a house to do so at the present time.
Mr. Brady said that the City is trying to protect abandoned houses
from vandals, vagrants, arsonists and other undesirable elements, and called
attention to Section 123.0 - Unsafe Structures, of the BOCA Basic Building
Code/19?8, advising that the City adheres to the procedure set forth in the
BOCA Code.
Mr. Brady stated that in the present budget, $8,000.00 was appropriated
for demolition of structurally damaged houses, that presently there is
only $800.00 remaining and based upon the need and growing number of
housing stock which is falling into this category, the City Manager will
transfer $5,000.00 to provide funds to take care of i~nediate needs and it
may be necessary to return to Council if there is further need for additional
boarding up or protection of abandoned houses.
With reference to the specific houses referred to by Mr. Robert N. Richert
at the Council meeting on March 8, Mr. Brady advised that the houses are
now secured and boarded up to the satisfaction of the Building Commissioner.
Mr. Thomas moved that the oral report be received and filed. The motion
was seconded by Mr. Harvey and adopted.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
ZONING-SIGNS: Ordinance No. 25932 adding to, amending and reordaining
certain subsections and sections of Chapter 36, Zoning, of the Code of the
City of Roanoke (1979), as amended, to effect certain changes in the
zoning regulations of the City pertaining to signs and sign structures,
having previously been before the Council for its first reading on Monday,
March 8, 1982, read and adopted on its first reading and laid over, was
again before the body.
The City Attorney advised that question has been raised in regard to
the sale signs that realtors place on property, calling attention to the
following issues: where there are co-leasing agencies and each one has a
sign rather than just one sign; and where there is a selling agent that is
different from the listing agent, the procedure being that the selling
agent will also place a sign on the property which will be there for a
limited period of time to indicate the credit for the sale of the particular
piece of real property. Mr. Dibling stated that the proposed language for
Section 32-69, subsection 2, would be as follows:
"Notwithstanding any other provision of this subsection, in
case of a co-listing for sale purposes of a parcel of real
property by two real estate agents, two signs not to exceed
five (5) square feet each shall be permitted whenever this
subsection would allow one sign in the case of a sole listing
agent, and, upon the sale of a parcel of real property, the
selling real estate agent, if different from the listing
agent, shall be permitted to erect one sign not to exceed
27
ACTION:
ACTION:
ACTION:
five (5) square feet for not to exceed thirty (30) days which
shall not be counted against the signage permitted on a par-
cel of real estate."
Subsection (2) of Section 36-69, Si~n ~e~ulations, would then read
as follows in its entirety:
"(2) In advertising any property for sale, rent, or lease,
signs with a combined total surface area not exceeding five
(5) square feet are permitted, and, in addition, for each one
hundred (150) feet of lot line adjacent to a public street,
another five (5) square feet of signs are permitted. No such
signs shall be erected within ten (10) feet of any adjacent
residential property line. Notwithstanding any other provision
of this subsection, in case of a co-listing for sale purposes
of a parcel of real property by two real estate agents, two
signs not to exceed five (5) square feet each shall be per-
mitted whenever this subsection would allow one sign in the
case of a sole listing agent, and, upon the sale of a parcel
of real property, the selling real estate agent, if different
from the listing agent, shall be permitted to erect one sign
not to exceed five (5) square feet for not to exceed thirty
(30) days which shall not be counted against the signage per
mitred on a parcel of real estate."
Mr. Garland moved that Ordinance No. 25932 be amended as above set
forth by the City Attorney. The motion was seconded by Mr. Landis and
adopted, Mr. Thomas voting no, Mr. Harvey abstaining inasmuch as his
field of occupation is the real estate business.
Mr. Landis then offered Ordinance No. 25932, as amended, for its
second reading and final adoption:
(#25932) AN ORDINANCE to add and to amend and reordain certain
subsections and sections of Chapter 36, Zoning, of the Code of the City of
Roanoke (1979), as amended, to effect certain changes in the zoning regulations
of the City pertaining to signs and sign structures.
(For full text of Ordinance, see Ordinance Book No. 47, Page 185.)
Mr. Landis moved the adoption of the Ordinance as amended. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Garland, Harvey, Landis, Bowles and Vice-Mayor
Butler ...................................................................... 5.
NAYS: Council member Thomas ........................................... 1.
(Mayor Taylor was absent.)
AIRPORT: Ordinance No. 25933 providing for the City's lease to the
United States of America, Department of Transportation, Federal Aviation
Administration, of land at Roanoke Municipal Airport, Woodrum Field, for a
remote transmitting receiving site, having previously been before the
Council for its first reading on Monday, March 8, 1982, 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:
(#25933) AN ORDINANCE providing for the City's lease to the United
States of America of land at Roanoke Municipal Airport, Woodrum Field, for
a remote transmitting receiver site.
(For full text of Ordinance, see Ordinance Book No. 47, Page i88.)
8
ACTION:
ACTION:
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Garland, Harvey, Landis, Thomas, Bowles and
Vice-Mayor Butler ....................................................... 6.
NAYS: None ........................................................ O.
(Mayor Taylor was absent.)
TRAFFIC-CITY PROPERTY: Ordinance No. 25936 providing for the City's
lease of real estate between Norfolk and Salem Avenues, S. E., Roanoke,
Virginia, to Allright J & S Parking Company, Incorporated, for public
parking, having previously been before the Council for its first reading
on Monday, March 8, 1982, read and adopted on its first reading and laid
over, was again before the body, Mr. Thomas offering the following for its
second reading and final adoption:
(#25936) AN ORDINANCE providing for the City's lease of real estate
between Norfolk and Salem Avenues, S. E., Roanoke, Virginia, to Allright,
J & S Parking Company, Inc. for public parking.
(For full text of Ordinance, see Ordinance Book No. 47, Page 189.)
Mr. Thomas moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Garland, Harvey, Landis, Thomas, Bowles and
Vice-Mayor Butler ....................................................... 6.
NAYS: None ......................................................... 0.
(Mayor Taylor was absent.)
CAPITAL IMPROVEMENTS-EQUIPMENT-BUDGET: At the Financial and Planning
Session of Council on Monday, March 15, 1982, Council considered a report
of the City Manager in regard to capital needs of the City (see City
Manager report dated March 8, 1982), and more specifically with regard to
$399,534.00 unfunded balance for a baler at the landfill, $30,000.00 unfunded
balance for chillers for the Civic Center, $162,000.00 unfunded balance
for police vehicles and $800,000.00 unfunded balance for paving, Mr.
Landis offered the following emergency Ordinance:
(#25953) AN ORDINANCE to amend and reordain certain sections of the
1981-82 General, Capital and Civic Center Fund Appropriations, and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, Page 193.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Garland, Harvey, Landis, Thomas, Bowles and
Vice-Mayor Butler ....................................................... 6.
NAYS: None .......................... v ............................ O.
(Mayor Taylor was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF CITY COUNCIL:
ACT I ON:
STREETS AND ALLEYS-DOWNTOWN ROANOKE: Councilman Landis, Chairman of the
committee appointed by the Mayor to tabulate bids received for dowfltown street
improvements and lighting, submitted a written report of the committee advising
that bids were publicly received, opened and read at the special meeting of
Council on Monday, March 15, 1982, noting that New River Electrical Corporation
has requested that they be allowed to withdraw their bid because of "unintentional
arithmetic errors and unintentional omissions", stating that the total amount of
alleged errors and omissions included in their bid is $87,048.00 or approximately
12 per cent of their base bid. Mr. Landis advised that representatives of the
Bid Committee and design engineers met with representatives of New River Electri-
cal Corporation on Friday, March 19, 1982, to receive the original work papers
and to ascertain the validity of the request, pointing out that the conclusion
of the review of the documents related to the request to withdraw was that the
errors and omissions did in fact occur.
On behalf of the committee, Mr. Landis recommended that Council allow New
River Electrical Corporation to withdraw their bid due to unintentional arithme-
tic errors and unintentional omission which have been validated by the City and
that all other bids in connection with the project be rejected.
(For full text, see report and co~nunication from New River Electrical Corpora-
tion on file in the City Clerk's Office.)
Mr. Landis offered the following Resolution:
(#25954) A RESOLUTION allowing the withdrawal of a bid in connection with
the Dow~tow~ Street Improvements and Lighting Project and rejecting all other
bids therefor.
(For full text of Resolution, see Resolution Book No. 47, Page 194.)
Mr. Landis moved the adoption of the Resolution. The motion was seconded by
Mr. Harvey and adopted by the following vote:
AYES: Council members Garland, Harvey, Landis, Thomas, Bowles and Vice-
Mayor Butler ................................................................... 6.
NAYS: None ............................................................... 0.
(Mayor Taylor was absent.)
ACTION:
SCHOOLS: With regard to the established procedure for election of three
School Board trustees for three year terms each commencing July 1, 1982, the
Vice-Mayor advised that pursuant to Section 9-19, Preliminary screenin~ of
candidates, of the Code of the City of Roanoke (1979), on or before March 31 of
each year, Council as a commfttee of the whole, shall at a regular or special
meeting, review and consider all candidates for the position of school trustee.
He pointed out that at such meeting Council shall review all applications filed
for the position of school trustee and Council may elect to interview candidates
for such positions.
Mr. Garland moved that Council meet in Executive Session to discuss a per-
sonnel matter, relating to school board trustee applications. The motion was
seconded by Mr. Landis and adopted by the following vote:
AYES: Council members Garland, Harvey, Landis, Thomas, Bowles and Vice-
Mayor Butler ................................................................... 6.
NAYS: None ............................................................... 0.
(Mayor Taylor was absent.)
OTHER HEARINGS OF CITIZENS: NONE.
3O
There being no further business, the Vice-Hayor declared the meeting
adjourned at 3:30 p.m.
APPROVED
f'~ ~'~ ~"ATTEST
City Clerk
REGULAR WEEKLY SESSION .... ROANOKE CITY COUNCIL
April 5, 1982
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the Council
Cbmmher in the Municipal Building, City of Roanoke, on Monday, April 5, 1982, at
2:00 p.m., the regular meeting hour, with Mayor Noel C. Taylor presiding.
PRESENT: Council members Wendell H. Butler, Robert A. Garland, James G.
Harvey, II, Charles L. Landis, Hampton W. Thomas, Elizabeth T. Bowles and Mayor Noel
C. Taylor ......................................................................... 7.
ABSENT: None ........................................ ~ .................. O.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. W. Robert Herbert,
Assistant City Manager; Mr. Wilburn C. Dibling, Jr., City Attorney; Mr. William X
Parsons, Assistant City Attorney; Mr. Joel M. Schlanger, Director of Finance; and
Mrs. Mary F. Parker, City Clerk.
The invocation was delivered by the Reverend Nicholas G. Bacalis, Pastor,
Holy Trinity Greek Orthodox Church.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Taylor.
CELEBRATIONS: Senate Joint Resolution No. 83 expressing appreciation
to the Roanoke Community for hosting a visit of the General Assembly on
the weekend of January 29 - 31, 1982, was before Council.
(For full text, see Resolution on file in the City Clerk's Office.)
ACTION:
Mrs. Bowles moved that the Resolution be received and filed. The
motion was seconded by Dr. Butler and unanimously adopted.
PROCLAMATIONS: The Mayor presented a proclamation declaring April
30, 1982, as Special Olympics Day in the City of Roanoke and encouraged
all citizens to support Special Olympics Day.
(For full text, see proclamation on file in the City Clerk's Office.)
BID OPENINGS:
AIRPORT: Pursuant to notice of advertisement for bids for operating
a video game room at Roanoke Municipal Airport, Woodrum Field, said
proposals to be received by the City Clerk until 1:30 p.m., on Monday,
April 5, 1982, and to be held and 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:
Electronic Amusements, Inc. 1. Percentage of monthly gross receipts: 50%
2. Minimum dollar amount per month guarantee:
$400.00
Airport Video, Inc.
1. Percentage of monthly gross receipts: 55%
2. Minimum dollar amount per month guarantee:
(approximately $3.00 per sq. foot)
$750.00
Z
ACTION:
ACTION:
Mr. Thomas moved that the bids be referred to a committee to be
appointed by the Mayor for study, report and recommendation to Council.
motion was seconded by Mr. Harvey and unanimously adopted.
The Mayor appointed Messrs. Charles L. Landis, Chairman, James G.
Harvey, II, Jack C. Smith, W. P, obert Herbert and Kit B. Kiser as members
of the committee.
The
CONSENT AGENDA:
ACTION:
ACTION:
ACTION:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Council and would be enacted by one
motion in the forms listed on the agenda and if discussion was desired,
that item w~ould be removed from the Consent Agenda and considered separate-
ly. He noted that he had requested an Executive Session to discuss personnel
matters, the City Manager had requested an Executive Session to discuss a
personnel matter, and the Assistant City Manager had orally requested an
Executive Session to discuss a single matter pertaining to legal and real
estate.
MINUTES: Minutes of the regular meeting of Council held on Monday,
March 1, 1982; the regular meeting of Council held on Monday, March 8,
1982; and the special meeting of Council held on Monday, March 15, 1982,
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
Dr. Butler and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas,
Bowles and Mayor Taylor ................................................. 7.
NAYS: None ........................................................ 0.
COUNCIL: A communication from the Mayor requesting an Executive
Session to discuss personnel matters, 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. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas,
Bowles and Mayor Taylor .................................................. 7.
NAYS: None ........................................................ O.
CITIZENS' TASK FORCE ON CRIME PREVENTION AND SOCIAL DEVELOPMENT: A
communication from Mrs. Joel W. Richert tendering her resignation as a
member of the Citizens' Task Force on Crime Prevention and Social Development,
was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mrs. Bowles moved that the resignation be accepted with regret and
that the connnunication be received and filed. The motion was seconded by
Dr. Butler and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas,
Bowles and Mayor Taylor ................................................. 7.
ACTION:
ACTION:
ACTION:
NAYS: None ............................................... ~ .............. O.
COUNCIL: A report of the City Manager reques~ing an Executive Session
to discuss a personnel matter, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the request. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas,
Bowles and Mayor Taylor ....................................................... 7.
NAYS: None .............................................................. 0.
PENDING ITEMS: A list of items pending from February 7, 1977, through
March 22, 1982, was before the body.
(For full text,.see 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 Dr. Butler and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor .............................................................. 7.
NAYS: None .............................................................. 0.
COUNCIL: The Assistant City Manager orally requested that Council
meet in Executive Session to discuss a' single matter pertaining to legal
and real estate.
Mrs. Bowles moved that Council concur in the request. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor .............................................................. 7.
NAYS: None .............................................................. 0.
REGULAR AGENDA:
ACTION:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
PARKS AND PLAYGROUNDS-CHAMBER OF COMMERCE: Mr. Jack C. Smith, Executive
Director, Roanoke Valley Chamber of Commerce, appeared before Council and
presented a check in the amount of $4,600.00 to the Mayor representing proceeds
from ticket sales for the 1981 Sandlot Championship Football Game.
Mrs. Bowles moved that the check be accepted with appreciation. The
motion was seconded by Mr. Garland and unanimously adopted.
PETITIONS AND COI~MIINICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke City School Board
requesting certain appropriation adjustments to complete and close out
school grants, as follows:
ACTION:
ACTION:
APPROPRIATION
INCREASE
(DECP,~ASE)
Title I Winter 80-81
Title I Carryover 80-81
ESEA Title IV-C CAP
CETA II-D PSE
CETA IV YETP
Transitional Services 80-81
Safety First 80-81
Highway Safety 79-80
ABE/DIAL 80-81
Special/Vocational 80-81
Composer in Residence 80-81
6.16
(27,245.76)
(33,997.08)
( 111.76)
( 4,706.38)
( 659.95)
1,591.16
( 46.46)
$(65,170.07)
In this connection, a report of the Director of Finance recommending
that Council concur in the request to close-out the grants, was also before
the body.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler offered the following emergency Ordinance:
(#25955) AN ORDINANCE to amend and reordain certain sections of
the 1981-82 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, Page 196.)
Dr. Butler moved the adoption of the Ordinance. The motion was
seconded by Mr. Landis and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas,
Bowles and Mayor Taylor ...................................................... 7.
NAYS: None ............................................................. O.
At 2:25 p.m., the Mayor declared the meeting recessed.
At 2:55 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding and all members of the Council present.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
WAN MEMORIAL: The City Manager submitted a written report concerning
Change Order No. 3 to the contract with Watts and Breakell, Incorporated,
for construction of the Roanoke Valley War Memorial, Project No. 20-18, advising
that the contractor has quoted the sum of $6,691.00 to use white concrete for
the plaza around the monuments and for the steps that were originally shown
as marble.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#25956) AN ORDINANCE approving the City Manager's issuance of
Change Order No. 3 to the City's contract with Watts and Breakell for
construction of a War Memorial, Project No. 20-18A; and providing for an
emergency.
i. (For full text of Ordinance, see Ordinance Book No. 47, Page 197.)
ACTION:
ACTION:
ACTION:
Mr. Landis moved the adoption of the Ordinance. The motion was second-
ed by Mr. Thomas and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor ......... v .............................................. 7.
NAYS: None ....................................................... O.
AIRPORT-GRANTS: The City Manager submitted a written report recommending
authorization to execute grant amendments to ADAP Projects 07 and 09 offered
by the Federal Aviation Administration and State grant to ADAP Project 06,
and any other grant amendments offered by the State to utilize remaining
funds, and that $35,000.00 be reappropriated in connection therewith.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas offered the following emergency Ordinance reappropriating
$35,000.00:
(#25957) AN ORDINANCE to amend and reordain certain sections of the
1981-82 Airport Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, Page 198.)
Mr. Thomas moved the adoption of the Ordinance. The motion was second-
ed by Mr. Landis and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor ........................................................ 7.
NAYS: None ....................................................... 0.
Mr. Garland offered the following emergency Ordinance:
(#25958) AN ORDINANCE providing for the amendment of a grant contract
with the United States of America in connection with ADAP Project No. 6-51-
0045-07 to utilize remaining funds to purchase real property necessary for
the extension of Runway 5-23 at Roanoke Municipal Airport, Woodrum Field,
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, Page 198.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor ........................................................ 7.
NAYS: None ........................................................ O.
Dr. Butler offered the following emergency Ordinance:
(#25959) AN ORDINANCE providing for the amendment of a grant contract
with the United States of America in connection with ADAP Project No. 6-51-
0045-09 to utilize remaining funds to purchase real property at or near
Roanoke Municipal Airport, Woodrum Field, for safety purposes; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, Page 199.)
Dr. Butler moved the adoption of the Ordinance. The motion was second-
ed by Mr. Garland and adopted by the following vote:
ACTION:
ACTION:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor ........................................................ 7.
NAYS: None ........................................................ O,
Dr. Butler offered the following emergency Ordinance:
(#25960) AN ORDINANCE providing for the amendment of a grant contract
with the Commonwealth of Virginia Department of Aviation in connection with
ADAP Project No. 6-51-0045-06, in order to extend the term of this con-
tract; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, Page 199.)
Dr. Butler moved the adoption of the Ordinance. The motion was second-
ed by Mr. Garland and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor ........................................................ 7.
NAYS: None ........................................................ O.
STATE HIGHWAYS: The City Engineer presented an oral briefing in regard
to highway funding priorities, advising that a Preallocation Hearing for
the Salem District of the Virginia Department of Highways and Transporta-
tion is scheduled for 10:00 a.m., on Tuesday, April 6, 1982, and funding
requests for highway projects of all types are the primary purpose and func-
tion of the preallocation hearings.
Mr. Burrow stated that the Cityfs request at the preallocation hearing
will be to ask the Virginia Department of Highways and Transportation to keep
all the City's options of funding highway projects open and available,
that Virginia Department of Highways and Transportation needs to continue
to work cooperatively with the City to insure the best transportation use
of the available highway dollars.
CITY ATTORNEY:
COUNCIL-ELECTIONS: The City Attorney submitted a written
report advising that at the February 11, 1982, Council meeting a request
was received from Mr. Michael Pettish that Council once again consider the
modified ward system for Councilmanic elections which was proposed and
recommended by the League of Women Voters im 1977. He advised that the
matter was referred to him for advice as to the legal ramifications of
adoption of a ward system, the procedure to be followed in the adoption of
a ward system, the time contraints and whether an advisory referendum may
be held on the ward system issue; whereupon, Mr. Dibling submitted a written
report in response to the questions posed by Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that the report be received and filed with apprecia-
tion. The motion was seconded by Mrs. Bowles and unanimously adopted.
PENSIONS-CITY EMPLOYEES: The City Attorney submitted a written report
advising that at the Council meeting on Monday, March 22, 1982, Council
received and concurred in a report of the Director of Finance with respect
to return of certain employee contributions made to the Employees' Retire-
ment System, and the matter was referred to him for preparation of the
appropriate measure, and transmitting an ordinance which will implement
the decision of Council.
(For full text, see report on file in the City Clerk's Office.)
37
ACTION:
ACTION:
Mr. Thomas offered the following emergency Ordinance:
(#25961) AN ORDINANCE emending the Code of the City of Roanoke
(1979), as amended, by enacting new ~22-61.1, Payment of accumulated
contributions after April 1~ 1982; relatin8 to refund after April 1; 1982,
of certain accumulated contributions made by members of the Employees'
Retirement System; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, Page 200.)
Mr. Thomas moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas,
Bowles and Mayor Taylor ................................................. 7.
NAYS: None ........................................................ 0.
PENSIONS-SHERIFF: The City Attorney submitted a written report
transmitting an Ordinance to amend the City Code to provide that members
of the Sheriff's Department participate in the Virginia Supplemental
Retirement System rather than the City's Employees' Retirement System, and
to authorize an amendment to the contract with the Sheriff which provides
for his deputies and employees to receive City benefits.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#25962) AN ORDINANCE amending and reordaining §22-14, Definitions,
of Article II, Employees' Retirement System, of Chapter 22, Pensions and
Retirement, of the Code of the City of Roanoke (1979), as amended, to
provide that the Sheriff and his deputies and employees are excluded from
membership in the Employees' Retirement System; directing that certain
payments be made to Virginia Supplemental Retirement System on behalf of
members of the Sheriff's Department hired on and after July 1, 1981;
authorizing an amendment to the contract between the City and the Sheriff
to provide that all of the Sheriff's deputies and employees shall be
covered by Virginia Supplemental Retirement System; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 47, Page 201.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas,
Bowles and Mayor Taylor ................................................. 7.
NAYS: None ........................................................ 0.
PLANNING: The City Attorney submitted a written report transmitting
an Ordinance providing for certain amendments to Article XV, Planning
Commission, of Chapter 2, Administration, of the Code of the City of
Roanoke (1979), as amended, in order to update the Article and to conform
its provisions to those of the Code of Virginia, advising that in all five
of the sections amended by the proposed ordinance, current references to
the City's 'baster plan" were changed to refer to the City's "comprehensive
plan", in accordance with the terminology now used in the Code of Virginia,
noting that Sections 2-325 -- 2-328 have been amended to adopt by reference
the Code of Virginia provisions relating to the preparation of, adoption
and amendment of, and the legal status of the City's Comprehensive Plan.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
ACTION:
Hrs. Bowles offered the following emergency O~dinance:
(#25963) AN ORDINANCE emending and reordaining §a2-324, General
powers and duties, 2-325~ Comprehensive plan - Generally, 2-326, Same -
Surveys and studies during preparation; general purpose, 2-327, Seme -
Procedure for adopting; emending, and 2-328, Same - Legal status, of
Article XV, Planning Comission, of Chapter 2, Administration, of the
Code of the City of Roanoke (1979), as emended, to conform certain provi-
sions of the City Code with State law.
(For full text of Ordinance, see Ordinance Book No. 47, Page 207.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas,
Bowles and Mayor Taylor ................................................. 7.
NAYS: None ........................................................ 0.
POLICE DEPARTMENT-TRAFFIC: The City Attorney submitted a written
report in regard to payment of penalties for parking infractions, advising
that as the City Code now provides in a20-89, a violator may pay the
initial penalty set out for each violation of a parking regulation within
ten days of the issuance by an officer of a notice of a violatiou thereof,
or prior to the receipt of a notice from the City sent pursuant to §46.1-
179.01, Code of Virginia (1950), as amended, whichever is later, that if
not paid within this time, the penalty for the various parking infractions
is increased by the amount of $5.00, noting that the proposed Ordinance
would change this procedure, and would only allow a ten day period after
the issuance of a notice of a violation for the initial penalty to be
paid; that if paid after ten days, the initial penalty plus $5.00 would
have to be paid, regardless of whether a notice pursuant to ~46.1-179.1
had been sent or received.
Mr. Dibling further advised that certain language has been added to
the first paragraph of subsection (b) of §20-89 making it clear that a
penalty for a parking infraction is deemed to have been "paid" when full
payment therefor has been received by the City Treasurer, regardless of
whether such penalty is paid in person or is mailed. He noted that provision
has been added making it clear that the City Treasurer is not authorized
to accept "partial payment" of any penalty due, and clarifies which responsi-
bilities will be borne by the City Treasurer, and which ones will be
retained by the City's Office of Billings and Collections.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler offered the following emergency Ordinance:
(#25964) AN ORDINANCE emending subsections (a), (b) and (d) of ~20-
89, Penalties for unlawful parking, of Chapter 20, Motor Vehicles and
Traffic~ Code of the City of Roanoke (1979), as emended, in order to
change the procedure pursuant to which penalties for parking violations
are collected, and to whom they are paid; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, Page 202.)
Dr. Butler moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas,
Bowles and Mayor Taylor ................................................. 7.
NAYS: None ........................................................ O.
ACTION:
ACTION:
WATER DEPARTMENT-CONSULTANTS' REPORTS: The City Attorney submitted a
written report transmitting a resolution authorizing the expenditure of
$3,000.00 for a feasibility study relating to the proposal to link the
Roanoke River with Carvins Cove to improve utilization of the Roanoke
Valley's water supply.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas offered the following emergency Ordinance:
(#25965) AN ORDINANCE to amend and reordain certain sections of the
1981-82 Water Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, Page 203.)
~tr. Thomas moved the adoption of the Ordinance. The motion was
seconded by Mr. Landis and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas,
Bowles and Mayor Taylor .................................................
NAYS: None ........................................................ 0.
Mr. Thomas offered the following Resolution:
(#25966) A RESOLUTION authorizing the expenditure of $3,000.00
toward a Roanoke County engineering study relating to the proposal to link
the Roanoke River with Carvins Cove to improve utilization of the Roanoke
Valley's water supply.
(For full text of Resolution, see Resolution Book No. 47, Page 204.)
Mr. Thomas moved the adoption of the Resolution. The motion was
seconded by Mr. Landis and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas,
Bowles and Mayor Taylor ................................................. 7.
NAYS: None ........................................................ 0.
DEALERS IN SECONDHAND MERCHANDISE-JUNK YARDS: The City Attorney
submitted a written report in connection with a request of the Gainsboro
Neighborhood Development Corporation that an ordinance be adopted to
provide that scrap metal dealers, flea market operators, and antique
dealers secure the name and address of individuals desiring to sell plumbing
fixtures, tubing, etc., and a description of the objects, and that their
records be maintained and open for inspection by the proper authorities,
advising that in view of the rather comprehensive laws of the Commonwealth
regulating junk dealers and merchants in the business of buying junk and
other secondhand articles, it seems to him that it would serve no useful
purpose for the City to adopt similar regulations by ordinance. Mr. Dibltng
pointed out that this is not to say that there is nothing the City and its
citizens can, or should do, to combat the problem of vandalism and theft
from abandoned and vacant structures, that increasing public awareness of
the existing laws and encouraging citizens to report this type of vandalism
or theft, or of suspicion that such activity is taking place or may be
taking place, are actions likely to assist the police department in dealing
with such criminal activity.
(For full text, see report on file in the City Clerk's Office.)
ACTION: Mr. Harvey moved that the report be received and filed. The motion
was seconded by Mr. Garland and unanimously adopted.
4O
ACTION:
ACTION:
ACTION:
DIRECTOR OF FINANCE:
DIRECTOR OF FINANCE: The Director of Finance submitted a written
report transmitting a City of Roanoke Revenue Compendium.
(For full text, see report and Revenue Compendium on file in the City
Clerk's Office.)
Mr. Garland moved that the report and Revenue Compendium be received
and filed. The motion was seconded by Dr. Butler and unanimously adopted.
REPORTS OF CO~ITTEES:
CITY PROPERTY-PARKING GARAGE: Councilman Thomas, Chairman of the
Water Resources Committee, submitted a written report of the committee
recommending acceptance of a lease proposal from Read A. Lunsford on
behalf of Macado's Restaurant to expand its restaurant facilities in
the Municipal Parking Garage to include additional space under the lease.
(For full text, see report on file .in the City Clerk's Office.)
Mr. Thomas moved that the following Ordinance be placed upon its
first reading:
(#25967) AN ORDINANCE providing for the amendment of the City's
lease to Macado's, Inc. of space in the Municipal Parking Garage to include
additional space under the lease.
(For full text of Ordinance, see Ordinance Book No. 47, Page 208.)
The motion was seconded by Mr. Harvey and adopted by the following
vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas,
Bowles and Mayor Taylor ................................................. 7.
NAYS: None ........................................................ O.
FIRE DEPARTMENT-DOWNTOWN CENTURY PROJECT: Councilman Landis, Chairman
of the committee appointed by the Mayor to tabulate bids received for
construction of alterations and additions to Fire Station No. 3, submitted
a written report of the committee recommending that the bid of Construction
Services of Roanoke, plus Alternates 1 and 2, for the contract sum of
$135,645.00 and 180 consecutive calendar days be accepted; and that funding
for the project be approved as follows:
From Public Buildings 1980 Bond Issue
Account No. A08310172602 to Fire Station
No. 3 Account No. A08120190665
$ 142,430.00
Funding to be designated as follows:
To constrution account
Job Contingency account
135,645.00
6,785.00
$ 142,430.00
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#25968) AN ORDINANCE to amend and reordain certain sections of the
1981-82 Capital Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, Page 204.)
41
ACTION:
ACTION:
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Hrs. Bowles and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas,
Bowles and Mayor Taylor ................................................. 7.
NAYS: None ....................................................... O.
Hr. Landis offered the following emergency Ordinance accepting the
bid of Construction Services of Roanoke, Inc.:
(#25969) AN ORDINANCE accepting the bid of Construction Services of
Roanoke, Inc. for construction of alterations and additions to Fire Station
No. 3, 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. 47, Page 205.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Hrs. Bowles and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas,
Bowles and Mayor Taylor ................................................. 7.
NAYS: None ....................................................... 0.
SEWERS AND STORM DRAINS: Councilman Landis, Chairman of the committee
appointed by the Mayor to tabulate bids received for construction of Bond
Issue Storm Drain Project VI (Mt. Vernon Road and Windsor Avenue/ Sherwood
Avenne/Brandon Avenue from Langdon Road to Lincoln Avenue/Carlton Road),
submitted a written report of the committee recommending award of a unit
price contract to Mullins & Jones, Inc., in the amount of $338,649.75, and
that the Director of Finance be authorized to transfer the following
amounts from the existing accounts to Storm Drain Project No. VI Account
No. A08220192300:
1. Bond Storm Drain Account (A08310172601)
2. Norwood Street Storm Drain Account
(A08220191703)
$ 320,000.00
40,000.00
Total $ 360,000.00
($338,649.75 contract and $21,350.25 contingency)
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#25970) AN ORDINANCE to amend and reordain certain sections of
the 1981-82 Capital Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, Page 205.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas,
Bowles and Mayor Taylor ................................................. 7.
NAYS: None ........................................................ O.
ACTION:
ACTION:
ACTION:
Mr. Landis offered the following emergency O~dinance accepting
the bid of Hullins & Jones, Inc.:
(#25971) AN ORDINANCE accepting the bid of Hullins & Jones, Inc.,
for the construction of Bond Issue Storm Drain Project VI 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. 47, Page 206.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas,
Bowles and Mayor Taylor ................................................. 7.
NAYS: None ........................................................ O.
WATER DEPARTMENT: Councilman Landis, Chairman of the committee
appointed by the Mayor to tabulate bids received for the construction of a
12-inch water main extension on Southern Lane to Old Rocky Mount Road and
an 8-inch water main extension on Southern Hills Drive to Griffin Road,
submitted a written report of the committee recommending that Council
accept the low bid of E. C. Pace Company, Incorporated, not to exceed the
sum of $61,501.00 and establish a project contingency of $3,099.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#25972) AN ORDINANCE accepting a bid and awarding a contract for
the construction of a 12-inch water main extension on Southern Lane to Old
Rocky Mount Road and an 8-inch ~ater main extension on Southern Hills
Drive to Griffin Road; authorizing the proper City officials to execute
the requisite contract; rejecting other bids made therefor; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, Page 206.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas,
Bowles and Mayor Taylor ................................................. 7.
NAYS: None ......................................................... O.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
PLANNING: Ordinance No. 25948 amending and reordaining the City Code
to conform certain provisions of the City Code with State Law to exempt
surface or deep mining or exploration or drilling for oil and gas from the
requirements of the City's Erosion and Sediment Control Ordinance; and
making reference to the new Virginia Erosion and Sediment Control Handbook
(2nd Edition, 1980), rather than the 1974 version of this Handbook; and
conforming the language of Section 11-12 with the Code of Virginia provisions
relating to guarantees that may be required from developers or subdividers
in relation to the issuance of a land disturbing permit, having previously
been before the Council for its first reading, on Monday, March 8, 1982, 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:
(#25948) AN ORDINANCE amending and reordaining ,~2-324, General
powers and duties, 2-325, Comprehensive plan - Generally, 2-326, Same -
Surveys and studies durin~ preparation; general purpose, 2-327, Same -
Procedure for adoptin&; amendinB, and 2-328, Same - Legal status, of
Article XV, Plannin~ Commission, of Chaper 2, Administration, of the Code
of the City of Roanoke (1979), as amended, to conform certain provisions
of the City Cede with State law.
(For full text of Ordinance, see Ordinance Book No.
Mrs. Bowies moved the adoption of the Ordinance. The motion was
seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor ........................................................ 7.
NAYS: None ........................................................ 0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR ANDMEMBERS OF COUNCIL:
REFUSE COLLECTION: Councilman Harvey requested that the City Manager
brief the members of Council at its regular meeting on Monday, April 12,
1982, in regard to the status of bulk container pickup, downtown collection
of refuse, and charges contemplated to be imposed; and that the City
Attorney report on the safeguards for customers when private enterprise
assumes the operation.
OTHER HEARINGS OF CITIZENS: NONE.
At 4:00 p.m., the Mayor declared the meeting recessed.
At 4:35 p.m., the meeting reconvened in the Council Chamber with
Mayor Taylor presiding and all members of the Council present.
ROANOKE NEIGHBORHOOD PARTNERSHIP STEERING COMMITTEE: The Mayor
advised that there is a vacancy on the Roanoke Neighborhood Partnership
Steering Committee created by the resignation of Mr. John M. Williams and
called for nominations to fill the vacancy.
Mrs. Bowles placed in nomination the name of Ms. Mary Lou Arnold.
There being no further nominations, Ms. Arnold was elected as a
member of the Roanoke Neighborhood Partnership Steering Committee by the
following vote:
FOR MS. ARNOLD: Council members Butler, Garland, Harvey, Landis,
Thomas, Bowles and Mayor Taylor ......................................... 7.
BUDGET: The Mayor announced the following dates with regard to the
fiscal year 1982-83 budget study:
April 19, 1982 - Monday
2 p.m., City Council Chamber
May 7, 1982 - Friday
2 p.m., City Council Chamber
May 7, 2 p.m.-5 p.m.
May 8,9 a.m.-5 p.m.
City Manager Budget Presentation
Public Hearing on General Fund Budget
and General Revenue Sharing Budget
City Council Budget Study
City Council Budget Study
44
Ha), 10, 2 p.m.-5 p.m.
City Council Budget Study
May 14, 1982 - Friday
2 p.m. City Council Chamber
Public Hearing - Real Estate Tax
Levy
Public Hearing - local tax levy
Adoption of FY 83 Budget
SCHOOLS: With regard to the established procedure for election of
three School Board trustees for three year terms each co~encing July 1,
1982, the Mayor advised that pursuant to Section 9-20, of the Code of
the City of Roanoke (1979), on or before April 20 of each year the Council
shall, by public vote, select from the field of candidates to be accorded
the public interview required by Section 9-21, of the City Code and all
other candidates shall be eliminated from the school trustee selection
process, noting that the number of candidates to be granted the interview shall
not exceed three times the number of positions available on the School Board
should there be so many candidates. Mr. Harvey moved that the following
persons be accorded the public interview on Thursday, April 15, 1982, at
7:00 p.m.:
Dr. James A. Allison, Jr.
Mrs. Onie S. Ashby
Mr. Bruce R. S. Briggs
Mr. Henry C. Emerson
Mr. George E. Mmy
Mr. Eugene C. Morgan
Mr. Lewis M. Nelson, Jr.
Ms. Elaine D. Simmons
Mr. Ronald E. Turner
The motion was seconded by Mr. Thomas and unanimously adopted.
There being no further business, the Mayor declared the meeting
adjourned at 4:40 p.m.
APPROVED
City Clerk
Mayor
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
April 12, 1982
7:30 p.m.
The Council of the City of Roanoke met in regular meeting in the Council
Chamber in the Municipal Building, City of Roanoke, on Monday, April 12, 1982, at 7:30
p.m., the regular meeting hour, with Mayor Noel C. Taylor presiding.
PRESENT: Council members James G. Harvey, II, Charles L. Landis, Hampton W.
Thomas, Elizabeth T. Bowles, Wendell H. Butler, Robert A. Garland and Mayor Noel C.
Taylor .............................................................................. 7.
ABSENT: None ............................................................. 0.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. W. Robert Herbert,
Assistant City Manager; Mr, Wilburn C. Dibling, Jr., City Attorney; Mr. Joel M.
Schlanger, Director of Finance; and Mrs. Mary F. Parker, City Clerk.
The invocation was delivered by the Reverend John Wynn Myers, Pastor Emeritus,
Greene Memorial United Methodist Church.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Taylor.
PROCLAMATIONS: The Mayor presented a proclamation declaring the week of
April 11 - 17, 1982, as Medical Laboratory Week in the City of Roanoke, and called
upon all citizens to recognize and support the dedication and contributions made to
quality health care by Medical Laboratory Professionals.
(For full text, see proclamation on file in the City Clerk's Office.)
CITIZEN OF THE YEAR: The Mayor having recommended in his 1980 State of
the City Message that Council establish an "Award for Distinguished Public Service",
which will be given by City Council not more than once each year, the matter was
before the body.
The Mayor advised that a committee composed of Mr. Charles R. Minter, Chairman,
Mr. Eldridge W. Chambers, Mrs. Mildred R. Prater, Mrs. Anne P. Glenn, the City's Public
Information Officer and the City Clerk was appointed to screen nominations and submit
reco~endations to Council.
On behalf of the members of Council, the Mayor advised that the City is proud
to announce that Mr. Robert W. Woody has been selected as the 1981 Citizen of the Year
in recognition of past and present service to the total community.
The Vice-Mayor unveiled a plaque that will be properly displayed on the
second floor of the Municipal Building, which will include a photograph of Mr. Woody
along with the inscription "Robert W. Woody - 1981 Citizen of the Year".
In recognition of the honor bestowed upon Mr. Woody, the Mayor presented him
with a framed "Key to the City".
BID OPENINGS:
DOWNTOWN ROANOKE-STREETS AND ALLEYS: Pursuant to notice of advertise-
ment for bids for downtown street improvements and lighting, Project No.
5775, said proposals to be received by the City Clerk until 4:30 p.m., on
ACTION:
Monday, April 12, 1982, 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 Director of Public Works appeared before Council and advised that he had
been informed by the design engineer that the specifications need to be
clarified to insure that the best possible bids are received for the project,
noting that it would be advantageous to the City not to receive bids at this
time and requested that Council set a special meeting on Monday, April 19,
1982, at 2:30 p.m., for the purpose of receiving and opening said bids, and
Mr. Brady further requested that any bids which were received by the City
Clerk prior to the April 12 deadline be returned to the bidders unopened.
Mr. Landis moved that Council hold a special meeting on Monday, April
19, 1982, at 2:30 p.m., in the City Council Chamber, for the purpose of
opening and reading bids for downtown street improvements.and lighting,
Project No. 5775, and that bids, if any, which were received by the City
Clerk prior to the 4:30 p.m., April 12 deadline be returned to the bidders
unopened. The motion was seconded by Mr. Ha~;ey and unanimously adopted.
CONSENT AGENDA:
ACTION:
ACTION:
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the City Council and would be enacted by one
motion in the forms listed on the agenda, and if discussion was desired,
that item would be removed from the Consent Agenda and considered separately.
He noted that the City Manager had requested an Executive Session to discuss
a matter of potential litigation.
PUBLIC ASSISTANCE: A communication from Mrs. Priscilla A. Tarplee
tendering her resignation as a member of the Advisory Board of Human Resources,
was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mrs. Bowles moved that the resignation be accepted with regret and that
the communication be received and filed. The motion was seconded by Mr.
Thomas and adopted by the following vote:
AYES: Council members Harvey, Landis, Thomas, Bowles, Butler, Garland
and Mayor Taylor .......................................................... 7.
NAYS: None .......................................................... 0.
COUNCIL: A report of the City Manager in regard to a request of Messrs.
Donald S. Payne and Gary James Minter for the installation of a street light
in the alley in the 1900 block between Maiden Lane and Westover Avenue, S.
W., reco~ending that the request be denied, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the recommendation. The
motion was seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Harvey, Landis, Thomas, Bowles, Butler, Garland
and Mayor Taylor .......................................................... 7.
NAYS: None .......................................................... 0.
COUNCIL: A report of the City Manager requesting an Executive Session
to discuss a matter of potential litigation, was before the body.
(For full text, see report on file in the City Clerk's Office.)
47
ACTION:
ACTION:
ACTION:
Mrs. Bowles moved that Council concur in the request. The motion was
seconded by Hr. Thomas and adopted by the following vote:
AYES: Council members Harvey, Landis, Thomas, Bowles, Butler, Garland
and Mayor Taylor ......................................................... 7.
NAYS: None ......................................................... O.
ZONING: A report of the City Clerk requesting that Council set
public hearings on the following requests on Monday, April 26, 1982, at
2:00 p.m.:
Request of Mr. W. H. Fralin, Attorney, representing Creative
Development & Construction Corporation, to rezone property
lying on the south side of Hershberger Road, designated on
Roanoke City Appraisal Map as part of Official Tax No.
2280601, from C-i, Office and Institutional District, to C-2,
General Commercial District;
Request of Mr. Frank B. Caldwell, III, T. P. Parker & Son,
representing Boddie-Noell Enterprises, Inc., to rezpne pro-
perty containing 0.5969 acres, located between Jamison Avenue
and Bullitt Avenue, S. E., in the vicinity of 9th Street,
S. E., described as Lot Nos. 5, 6, 16, 17 and 18, Block 18,
Belmont Subdivision, Official Tax Nos. 4120604, 4120605,
4120616, 4120617, and 4120618, from RG-2, General Residen-
tial District, to C-2, General Commercial District; and
Request of Mr. Frank B. Caldwell, III, representing Boddie-
Noell Enterprises, Inc., to vacate, discontinue and close
two hundered feet of an alley on the west side of 9th Street,
S. E., lying between Bullitt Avenue, S. E., and Jamison
Avenue, S. E.
was before Council.
(For fnll text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the request. The motion
was seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Harvey, Landis, Thomas, Bowles, Butler,
Garland and Mayor Taylor .................................................. 7.
NAYS: None .......................................................... 0.
ZONING: The qualification of Mr. Glynn D. Barranger as a member of
the Board of Zoning Appeals to fill the unexpired te~m of Mr. H. Miles
Smythers, resigned, ending December 31, 1983, was before Council.
(See Oath 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. Thomas and adopted by the following
vote:
AYES: Council members Harvey, Landis, Thomas, Bowles, Butler, Garland
and Mayor Taylor ......................................................... 7.
NAYS: None ........................................................ 0.
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
POLICE DEPARTMENT-CITIZENS' TASK FORCE ON CRIME PREVENTION AND SOCIAL
DEVELOPMENT: Mr. Roy E. Abbott, 1118 Winona Avenue, S. W., appeared
before Council and read a prepared statement in regard to crime and
certain other concerns.
ACTION:
ACTION:
(For full text, see statement on file in the City Clerk's Office.)
Mrs. Bowles moved that the statement be received and filed. The
motion was seconded by Dr. Butler and unanimously adopted.
PETITIONS AND COMMUNICATIONS:
TAXES: Communications from Mr. N. G. Overstreet, President, Roanoke
Valley Automobile Dealers Association, and Mr. Vance M. Cooper, President,
Scott Cooper Motor Corporation, requesting that Council amend the City
Code to provide .for proration of the personal property tax, were before
the body.
(For full text, see communications on file in the City Clerk's Office.)
Mr. Landis moved that the matter be referred to the City Manager, the
City Attorney, the DirEctor of Finance, and the Commissioner of Revenue
for study, report and recommendation to Council as soon as possible. The
motion was seconded by Mr. Harvey and unanimously adopted.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
CELEBRATIONS: Mr. John R. Turbyfill, Chairman of the Roanoke Centen-
nial Committee, appeared before Council and advised that he would like to
show a slide presentation on the history of Roanoke, noting that the slide
presentation was paid for by the Bank of Virginia.
Following the presentation, on behalf of the Council and the citizens
of the City of Roanoke, the Mayor expressed appreciation to the Bank of
Virginia.
REFUSE COLLECTION: The City Manager having reserved space on the
agenda for a briefing in regard to bulk refuse collection as it relates to
the proposed transition procedure, regulations, and fees, the matter was
before the body.
With regard to front loading bulk refuse container service, which
service will no longer be provided by the City as of July 1, 1982, the
Director of Public Works advised that due to some businesses already
relying on private contractors, the general state of the economy and
certain internal efficiencies, the number of routes for this service has
been reduced from ten to seven which brought about a cost savings in the
City's operating budget, noting that front loader bulk container positions
have been frozen as they become vacant and out of the original eleven
positions, two are vacant and being held with no plans to be filled.
Mr. Brady said bids have been received on the front loading equipment
which will no longer be needed as of July 1, 1982, and the bids are being
reviewed as a part of the overall budget for the year.
With regard to controls and regulations on private front loading
operations, including fee approval, Mr. Brady stated that this matter is
being coordinated with the City Attorney's Office, noting that the regula-
tions will provide Council with the control it desires and the regulations
will be submitted to Council during the latter part of May, 1982.
It was noted and discussed that Council at its regular meeting on
Monday, August 24, 1981, adopted the following motion with regard to bulk
refuse collection:
"*The City will continue to provide bulk refuse collection
service with one dumpster per week per location emptied
free of charge, and a $9.00 fee for each additional pick-
up will be imposed.
*The shortfall in revenue from the 1981-82 fiscal year bud-
get, in the amount of $335,000.00, will be offset by the
sale of the equipment for emptying dumpsters and bids will
be received in January, 1982, funds from the sale of the
equipment will be received by the City prior to the end
of the 1981-82 fiscal year.
*Beginning July 1, 1982, the City will no longer be in the
business of emptying bulk containers and private haulers
will be authorized to operate the business.
*The City Attorney was requested to prepare the proper mea-
sure encompassing the above motion and providing that the
City will have the.right to review rates established by
private haulers.
On further motion, duly seconded and unanimously adopted, in
regard to making downtown collection of refuse self-supporting,
Council referred the matter to the City Manager for study,
report and recommendation at the Financial and Planning Ses-
sion in September."
The City Attorney advised that Council did in fact vote on August 24,
1981, to increase the fee for emptying bulk refuse collection containers
from $7.00 to $9.00 after the first pick-up each week, unfortunately, the
ordinance authorizing the increase did not come back to Council due to an
administrative error, and he will be pleased to submit an Ordinance to
Council whenever requested.
The City Manager advised that the administration will submit a
recommendation to Council as of July 1, 1982, noting that the oversight
has saved money for people in the community because they did not have to
pay the increased bulk container fee.
Mr. Richard W. Crush, 2532 Berkley Avenue, S. W., appeared before
Council and advised that the minutes of the meeting of Council held on
August 24, 1981, will show that the fee was to be increased from $7.00 to
$9.00 and the City Attorney was instructed to prepare the proper measure
accordingly. He noted that his concern is for business and industry and
the taxpaying citizens who are leaving the City of Roanoke. He said this
is not the time to cut out certain t~x paid benefits for the citizens.
PLANNING: The City Manager submitted a written report in regard to
Community Development Block Grant regulation changes, advising that Coun-
cil must approve the following two documents during the 1982 entitlement-
year:
"1. Proposed Statement of Community Development Objectives
and Projected Use of Funds. This statement is very
general, consisting of programs rather than specific
projects; and
2. A budget, which will be presented to Council independent
of the statement submitted to H.U.D. H.U.D. does not
require a budget summary.
He noted that additional revisions include:
Eligible activities have been expanded to include 'pro-
vision of assistance to private, for-profit entities,
when the assistance is necessary or appropriate to carry
out an economic development project'.
ACTION:
ACTION:
Elimination of A-95 clearinghouse review a~d comment.
Housing Assistance Plans (HAP) normally submitted with
the C.D.B.G. application, will be adjusted to coincide
with the Federal fiscal year. The current HAP =mst be
extended through September 30, 1982."
(For full text, see report on file in the City Clerk's Office.)
FIRE DEPARTMENT: The Director of Administration and Public Safety
appeared before Council and advised that the City has received two fire
suppression pumping engines, noting that both engines are Class A, 1500
gallon per minute pumping engines and will be put on line on or about
April 14, 1982, in Stations 2 and 3 which will cover the downtown area.
He said the engines will be on public display on the Church Avenue side of
the Municipal Building on Monday, April 19, 1982, from 1:00 p.m., to 3:00
p.m.
ITEMS RECC~MENDED FOR ACTION:
PLANNING-GRANTS: The City Manager submitted a written report requesting
that Council amend the current Co,,.,.unity Development Block Grant Citizen
Participation Plan to permit the City to reduce the number of required
public hearings from three to two by combining performance and input
hearings, noting that additional hearings can be held as deemed necessary.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(#25973) A RESOLUTION providing for certain amendments to the City's
Community Development Block Grant Program Citizen Participation Plan.
(For full text of Resolution, see Resolution Book No. 47, page 209.)
Mrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Harvey, Landis, Bowles, Butler, Garland and
Mayor Taylor ............................................................ 6.
NAYS: None ........................................................ 0.
(Council member Thomas was out of the Council Chamber.)
BUDGET-FIRE DEPARTMENT-STATE HIGHWAYS: The City Manager submitted a
written report in connection with fire alarm relocation relating to the
Hershberger Road Project, advising that estimates of $24,522.45 for
the fire alarm facilities have been approved by Virginia Department of
Highways and Transportation and they will reimburse the City for $24,073.00
or the cost of non-betterment of facilities after completion of relocation,
leaving approximately $449.45 as cost to the City, recommending appropriation
of $24,522.45 in the capital projects fund to complete the project.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#25974) AN ORDINANCE to amend and reordain certain sections of
the 1981-82 Capital Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 209.)
51
ACT ION:
ACTION:
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Harvey, Landis, Thomas, Bowles, Butler, Garland
and Mayor Taylor ......................................................... 7.
NAYS: None .......................................................... 0.
AIRPORT: The City Manager submitted a written report recommending
that Council authorize the appropriate City officials to execute DOT FAA
Lease No. DT FAO5-$2-L-60504, amd an easemmnt indenture with Appalachian
Power Company for the purpose of constructing and operating a middle
marker for the Instrument Landing System on Runway 5/33 at Roanoke Municipal
Airport, Woodrum Field.
(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:
(#25975) AN ORDINANCE authorizimg the City Manager to enter into a
lease agreement with the United States Department of Transportation, Federal
Aviation Administration, for installation, operation and maintenance on City
property of a middle marker facility to serve Runway 33 at Roanoke Municipal
Airport; upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 47, page 213.)
The motion was seconded by Mr. Garland and adopted by the following
vote:
AYES: Council members Harvey, Landis, Thomas, Bowles, Butler, Garland
and Mayor Taylor .......................................................... 7.
NAYS: None ......................................................... 0.
AIRPORT: The City Manager submitted a written report recommending
authorization for certain residential structures acquired under Airport
ADAP Grant No. 0045-12 to be removed, either through sales and removal to
another lot, demolition, or such other process as the City Manager deems
appropriate, as soon as possible after each is acquired by the City, and
that funds received from the sale of any structure be paid into the appropriate
grant account.
(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:
(#25976) AN ORDINANCE providing for the sale or other disposition of
certain residential improvements owned or to be owned by the City on Lewiston
Road, N. W., and Ben Street, N. W., under certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 47, page 214.)
The motion was seconded by Mr. Garland and adopted by the following
vote:
AYES: Council members Harvey, Landis, Thomas, Bowles, Butler, Garland
and Mayor Taylor .......................................................... 7.
NAYS: None .......................................................... 0.
BUDGET-EQUIPMENT-REFUSE COLLECTION: The City Manager submitted a
written report concurring in a report of the Bid Committee recommending
ACTION:
ACTION:
ACTION:
that the low bid of A. E. Finley and Associates of Virginia, Inc., in the
amount of $36,600.00, for furnishing two new rear loading 20 cubic yard
high compaction units, be accepted, and that funds be transferred therefor.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#25977) AN ORDINANCE to amend and reordain certain sections of the
1981-82 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 210.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Harvey, Landis, Thomas, Bowles, Butler, Garland
and Mayor Taylor .......................................................... 7.
NAYS: None .......................................................... 0.
Mr. Landis offered the following emergency Ordinance:
(#25978) AN ORDINANCE providing for the purchase of two rear-loading
refuse collection bodies, upon certain terms and conditions, by accepting
a certain bid made to the City for furnishing and delivering such equipment;
rejecting certain other bids made to the City; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 210.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Mr. Thomas and adopted by the following vote:
AYES: Council members Harvey, Landis, Thomas, Bowles, Butler, Garland
and Mayor Taylor .......................................................... 7.
NAYS: None .......................................................... 0.
BUDGET-EQUIPMENT-PUBLIC WORKS: The City Manager submitted a written
report concurring in a report of the Bid Cou~mittee regarding replacement
of a truck cab and chassis destroyed by fire, recommending that the bid of
Magic City Motor Corporation in the amount of $28,617.64, be accepted; and
that funds be appropriated and transferred as follows:
Settlement of Insurance Claim -
Appropriated to A06264190010,
Motor Vehicle Maintenance, the
amount received from insurance
settlement. $18,456.73
Transfer from A01414010016, Snow
Removal, to A06264190010, Motor
Vehicle Maintenance 10,160.91
TOTAL $28,617.64
(For full text, see reports on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#25979) AN ORDINANCE to amend and reordain certain sections of the
1981-82 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, Page 211.)
ACTION:
ACTION:
ACTION:
ACTION:
Mr. Landis moved the adoption of the Ordinance. The motion was seconded
by Mr. Thomas and adopted by the following vote:
AYES: Council members Harvey, Landis, Thomas, Bowles, Butler, Garland
and Mayor Taylor ........................................................... 7.
NAYS: None ............................................................ 0.
Mr. Landis offered the following emergency Ordinance:
(#25980) AN ORDINANCE providing for the purchase of one new truck
cab/chassis for use by the City, upon certain terms and conditions, by
accepting a certain bid made to the City for furnishing and delivering such
equipment; rejecting certain other bids made to the City; and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 211.)
Mr. Landis moved the adoption of the Ordinance. The motion was seconded
by Mr. Thomas and adopted by the following vote:
AYES: Council members Harvey, Landis, Thomas, Bowles, Butler, Garland
and Mayor Taylor ............................................................ 7.
NAYS: None ............................................................ 0.
DIRECTOR OF FINANCE:
DIRECTOR OF FINANCE-TAXES: The Director of Finance submitted a written
report transmitting a study comparing local tax revenue growth in the Cities
of Roanoke, Chesapeake, Virginia Beach, Richmond, Lynchburg and Norfolk.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that the report be received and filed. The motion
was seconded by Mr. Landis and unanimously adopted.
SCHOOLS-CITY EMPLOYEES: The Director of Finance submitted a written
report with regard to consolidation of payroll systems of the City Administra-
tion and the School Board, transmitting certain actions taken by the Steering
Committee appointed by the Council and the School Board to study the matter;
recommending approval of the Steering Committee's recommendations, that the
Mayor be authorized to enter into a contract agreeing to provide these
services to the School Board, and that the Director of Finance and the
School Administration be authorized to proceed at this time with steps as
necessary to implement the recommendations.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that the report be referred to the City Attorney for
preparation of the proper measure. The motion was seconded by Dr. Butler
and unanimously adopted.
PENSIONS: The Director of Finance submitted a written report recommending
that Section 22-58 of the City Code be amended to provide sufficient authority
to require a retiree on disability to submit a report on gainful employment
to the City.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#25981) AN ORDINANCE amending and reordaining B22-58, Modification
of pension when disability beneficiary is capable of ~ainful employment,
ACTION:
ACTION:
of the Code of the City of Roanoke (1979), as amended, to authorize certain
inquiries of disability beneficiaries of the Employees' Retirememt System as
to gainful occupation and income and to require such beneficiaries to provide
the requested information; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, Page 212.)
Mr. Garland moved the adoptoin of the Ordinance. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Harvey, Landis, Thomas, Bowles, Butler, Garland
and Mayor Taylor-~ ............... L .......................................... 7.
NAYS: None ............................................................ 0.
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
PLANNING: Ordinance No. 25963 amending City Code provisions relating
to the City Planning Com~ission, to provide that current references to the
City's "master plan" will be changed to refer to the City's "comprehensive
plan" in accordance with the terminology now used in the Code of Virginia;
and adopting by reference the Code of Virginia provisions relating to the
preparation of, adoption and amendment of, and the legal status of the
City's comprehensive plan, having previously been before the Council for its
first reading on Monday, April 5, 1982, 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:
(#25963) AN ORDINANCE amending and reordaining §§2-324, General
powers and duties, 2-325, Comprehensive plan - Generally, 2-326, Same -
Surveys and studies during preparation; general purpose, 2-327, Same -
Procedure for adoptin~ amendins, and 2-328, Same - Legal status, of Article
XV, Planning Commission, of Chapter 2, Administration~ of the Code of the
City of Roanoke (1979), as amended, to conform certain provisions of the
City Code with State law.
(For full text of Ordinance, see Ordinance Book No. 47, page 207.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was seconded
by Dr. Butler and adopted by the following vote:
AYES: Council members Harvey, Landis, Thomas, Bowles, Butler, Garland
and Mayor Taylor ............................................................ 7.
NAYS: None ............................................................ O.
CITY PROPERTY-PARKING GARAGE: Ordinance No. 25967 providing for the
amendment of the City's lease to Macado's, Inc., of space in the Municipal
Parking Garage to include additional space under the lease, having pre-
viously been before the Council for its first reading, on Monday, April 5, 1982,
read and adopted on its first reading and laid over, was again before the
body, Mr. Thomas offering the following for its second reading and final
adoption:
(#25967) AN ORDINANCE providing for the amendment of the City's lease
to Macado's, Inc. of space in the Municipal Parking Garage to include addition-
al space under the lease.
(For full text of Ordinance, see Ordinance Book No. 47, page 208.)
Mr. Thomas moved the adoption of the Ordinance. The motion was seconded by
Mr. Garland and adopted by the following vote:
AYES: C~umcil members Rarvey, Landis, Thomas, Bowles, Butler, Garland and
Mayor Taylor ................................................................... 7.
NAYS: None ............................................................... O.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: NONE.
COUNCIL: Mrs. Bowles moved that Council meet in Executive Session to discuss
a personnel matter relating to the Fair Housing Board. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Harvey, Landis, Thomas, Bowles, Butler, Garland and
Mayor Taylor ................................................................... 7.
NAYS: None ............................................................... O.
OTHER HEARINGS OF CITIZENS:
COMPLAINTS: Mrs. Hazel Hill, 1906 Laura Road, N. W., appeared before
Council and expressed concern about the proposed construction of condominiums
in the vicinity of Peters Creek Road, advising that residents only learned
recently of the proposed construction.
The City Manager requested that the Director of Public Works be permitted
to confer with the residents and answer questions.
At 9:25 p.m., the Mayor declared the meeting recessed.
At 9:45 p.m., the meeting reconvened in the Council Chamber with Mayor
Taylor presiding and all members of the Council present.
HOUSING: The Mayor called to the attention of Council that the three year
terms of Ms. Catherine D. Harvey, Mr. Paul C. Dress and Ms. Josephine B. Thompson
as members of the Fair Housing Board will expire on March 31, 1982, that Ms.
Thompson has declined to serve .another term, and called for nominations to fill
the vacancies.
Mr. Harvey placed in nomination the name of Ms. Catherine D. Harvey and Mr.
Paul C. Dress.
There being no further nominations, Ms. Harvey and Mr. Dress were reappointed
as members of the Fair Housing Board for terms of three years each ending March
31, 1985, by the following vote:
FOR MS. HARVEY AND MR. DRESS: Council members Harvey, Landis, Thomas,
Bowles, Butler, Garland and Mayor Taylor ....................................... 7.
BUDGET-SEWERS AND STORM DRAINS: The City Manager submitted a written
report transmitting a staff report with regard to settlement of several construction
claim items presented to the City by Preston Carroll Company, Inc., in connection
with construction of the Downtown-Norfolk Avenue Sanitary Sewer Interceptor Re-
placement Project, recommending approval of Change Order No. 3 to the contract
with Preston Carroll Company, said change order to cause the contractor to be
reimbursed for extra costs associated with the underestimation of the quantity
of rock to be removed from the construction site, delays due to utility adjust-
ments and an error on the construction plans, and an extension of the contract
completion date by 346 days; and that funds in the amount of $36,118.46 be trans-
ferred from the Ore Branch Upper Segment Account to the Norfolk Avenue Sewer Pro-
ject Account.
(For full text, see reports on file in the City Clerk's Office.)
ACTION:
Mr. Landis offered the following emergency Ordinance transferring funds:
(#25982) AN ORDINANCE to -mend and reordain certain sections of the 1981-
82 Sewage Treatment Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 212.)
Mr. Landis mOVed the adoption of the Ordinance. The motion was seconded by
Mr. Thomas and adopted by the following vote:
AYES: Council members Harvey, Landis, Thomas, Bowles, Butler, Garland and
Mayor Taylor ................................................................. 7.
NAYS: None ............................................................. O.
ACTION:
Mr. Landis offered the following emergency Ordinance:
(#25983) AN ORDINANCE approving the City Manager's issuance of Change
Order No. 3 to the City's contract with Preston Carroll Company, Inc. for the
construction of the Downtown-Norfolk Avenue Sanitary Sewer Interceptor Replace-
ment Project; and providing for au emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 213.)
Mr. Landis moved the adoption of the Ordinance. The motion was seconded
by Mr. Thomas and adopted by the following vote:
AYES: Council members Harvey, Landis, Thomas, Bowles, Butler, Garland
and Mayor Taylor ............................................................. 7.
NAYS: None ............................................................. O.
There being no further business, the Mayor declared the meeting adjourned
at 9:55 p.m.
ATTEST
APPROVED
City Clerk Mayor
$7
SPECIAL SESSION ...... ROANOKE CITY COUNCIL
April 19, 1982
2:30 p.m.
The Council of the City of Roanoke met in special session in the Council
Chamber in the Municipal Building, City of Roanoke, on Monday, April 19, 1982, at 2:30
p.m., with Mayor Noel C. Taylor presiding.
PRESENT: Council members Elizabeth T. Bowles, Wendell H. Butler, Robert A.
Garland, James G. Harvey, II, Charles L. Landis, Hampton W. Thomas and Mayor Noel C.
Taylor ............................................................................. 7.
ABSENT: None ............................................................ 0.
OFFICERS PRESENT: Mr H. B. Ewert, City Manager; Mr. W. Robert Herbert,
Assistant City Manager; fir. Wilburn C. Dibling, Jr., City Attorney; Mr. Joel M.
Schlanger, Director of Finance; and Mrs. Mary F. Parker, City Clerk.
The City Clerk read the following letter calling the special meeting of
Council:
"April 16, 1982
Mayor Noel C. Taylor and
Members of City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
Pursuant to motion unanimously adopted by Council at its regular meeting
on Monday, April 12, 1982, please be advised that there will be a special
meeting of the Council of the City of Roanoke on Monday, April 19, 1982,
at 2:30 p.m., im the City Council Chamber, fourth floor of the Municipal
Building, for the purpose of receiving and opening bids for downtown
street improvements and lighting, Project No. 5775.
Sincerely,
S/ Mary F. Parker
Mary F. Parker, CMC
City Clerk
MFP:sk
cc: Mr. H. B. Ewert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Joel M. Schlanger, Director of Finance
Mr. Thomas F. Brady, Director of Public Works
Mr. Richard B. Burrow, City Engineer"
DOWNTOWN ROANOKE-STREETS AND ALLEYS: Pursuant to notice of advertise-
ment for bids for downtown street improvements and lighting, Project No.
5775, said proposals to be received by the City Clerk until 1:30 p.m., on
Monday, April 19, 1982, and to be opened and read before the Council at
2:30 p.m., on that date, 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:
ATTEST:
Base Bid Base Bid Total Alternate Altermate
Item 1 Item 2 Base Bid Item 1 Item 2
New River
Electrical
Corporation
$1,077,831.00 $54,955.00 $1,132,786.00 -$38,473.00 -$53,919.00
S. R. Draper
Paving Com-
pany, Inc.
$1,117,775.00 $52,339.00 $1,170,114.00 -$39,675.00 -$45,188.00
John A. Hall
& Company,
Inc.
$1,100,937.75 $74,000.00 $1,174,937.75 -$39,675.00 -$45,188.00
Richardson -
Wayland Elec-
trical Corp. $1,194,000.00 $53,200.00 $1,247,000.00 -$48,000.00 -$64,000.00
Varney Electric
Co., Inc. $1,196,000.00 $55,000.00 $1,251,000.00 -$73,000.00 -$94,000.00
Mr. Thomas 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 Dr. Butler and unanimously adopted.
The Mayor appointed Messrs. Charles L. Landis, Chairman, Thomas F.
Brady and Richard B. Burrow as members of the committee.
There being no further business, the Mayor declared the special meeting
adjourned at 2:45 p.m.
City Clerk
APPROVED
Mayor
59
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
April 26, 1982
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the Council
Chamber in the Municipal Building, City of Roanoke, on Monday, April 26, 1982, at
2:00 p.m., the regular meeting hour, with Mayor Noel C. Taylor presiding.
PRESENT: Council members Charles L. Landis, Hampton W, Thomas, Elizabeth
T. Bowles, Wendell H. Butler, Robert A. Garland, James G. Harvey, II, and Mayor Noel
C. Taylor ......................................................................... 7.
ABSENT: None ........................................................... O.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. W. Robert Herbert,
Assistant City Manager; Mr. Wilburn C. Dibling, Jr., City Attorney; Mr. William X
Parsons, Assistant City Attorney; Mr. Joel M. Schlanger, Director of Finance; and
Mrs. Mary F. Parker, City Clerk.
The invocation was delivered by the Reverend Harry Spear, Pastor, Huntington
Court United Methodist Church.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Noel C. Taylor.
PROCLAMATIONS: The Mayor presented a proclamation declaring the week of
April 25, 1982, as National Consumers Week in the City of Roanoke.
(For full text, see proclamation on file in the City Clerk's Office.)
BID OPENINGS:
PARKING GARAGE-DOWNTOWN (CENTURY) PROJECT: Pursuant to notice of
advertisement for bids for construction of the Williamson Road parking
garage, Century Project No. 08-06, said proposals to be received by the
City Clerk until 1:30 p.m., on Monday, April 26, 1982, and to be held,
opened and read before the Council at 2:00 p.m., on that date, 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:
Base Bid Alt. #1 Alt. #2
Avis Construction
Co., Inc.
$1,333,000.00
$184,000.00
$15,600.00
Construction Manage-
ment, Inc.
1,364,800.00
220,920.00
18,295.00
Creative Construction
and Development Corp.
1,369,000.00
219,000.00
16,500.00
Watts and Breakell,
Inc.
1,405,000.00
236,000.00
16,000.00
J. M. Turner and
Co., Inc.
1,430,000.00
200,000.00
20,000.00
John W. Daniel and
Company, Inc. 1,440,000.00 200,000.00 20,000.00
60
~CTION¢
ACTION:
ACTION:
ACTION:
Base Bid Alt. #1 Alt. ~2
J. H. Fralin & Son
$1,449,700.00 $210,500.00 $26,000.00
B & J Construction,
Inc.
1,458,000.00
245,000.00
17,300.00
Alekna Construction,
Inc.
1,484,000.00
230,000.00
21,000.00
R. E. Lee & Son, Inc. 1,533,336.00 218,291.00 15,722.00
Days Construction
Company, Inc.
1,570,000.00
238,000.00
16,000.00
E. F. Blankenship
Company
1,571,000.00
260,000.00
15,000.00
S. Lewis Lionberger Co. 1,736,500.00 210,740.00 15,500.00
S & W Construction
Company of Tennessee,
Inc.
2,311,096.00
228,639.00
22,690.00
Mr. Thomas 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 Dr. Butler and unanimously adopted.
The Mayor appointed Messrs. Charles L. Landis, Chairman, Kit B. Kiser
and Thomas F. Brady as members of the committee.
STREETS AND ALLEYS: Pursuant to notice of advertisement for bids for
asphalt pavement profiling of various streets within the City, said propo-
sals to be received by the City Clerk until 1:30 p.m., on Monday, April
26, 1982, and to be held, opened and read before the Council at 2:00 p.m.,
on that date, the Mayor asked if anyone had any questions about the advertise-
ment 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:
Lanford Brothers Company
$28,087.20
Mr. Thomas 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 Dr. Butler and unanimously adopted.
The Mayor appointed Messrs. Charles L. Landis, Chairman, Thomas F.
Brady and Richard B. Burrow as members of the co~ittee.
STREETS AND ALLEYS: Pursuant to notice of advertisement for bids for
paving of streets at various locations in the City of Rmanoke, said
proposals to be received by the City Clerk until 1:30 p.m., on Monday,
April 26, 1982, and to be held, opened and read before the Council at 2:00 ·
p.m., on that date, 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 Clark to proceed with the opening of the
bids; whereupon, the City Clerk opened and read the following bids:
Base Bid
Alternate #1
Adams Construction Company
and Subsidiary and Virginia
Asphalt Paving Company, Inc.
$605,008.75
$27,500.00
S. R. Draper Paving Company 625,066.25
32,740.00
L. H. Sawyer Paving Co., Inc. 631,101.25
37,500.00
John A. Hall and Co., Inc. 696,598.75 52,500.00
61
ACTION:
ACTION:
ACTION:
Mr. Thomas 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 Dr. Butler and unanimously adopted.
The Mayor appointed Messrs. Charles L. Landis, Chairman, Thomas F.
Brady and Richard B. Burrow as members of the committee.
PUBLIC HEARINGS:
ZONING: Council having previously authorized the City Clerk to
advertise a public hearing for Monday, April 26, 1982, at 2:00 p.m.,
or as soon thereafter as the matter may be heard in the Council Chamber,
on the request of Creative Development and Construction Corporation that a
parcel of land lying on the south side of Hershberger Road, designated on
Roanoke City Appraisal Map as part of Official Tax No. 2280601, be rezoned
from C-l, Office and Institutional District, to C-2, General Commercial
District, subject to certain conditions proffered by the petitioner, the
matter was before the body.
Dr. Butler moved that the following Ordinance be placed upon its
first reading:
(#25984) AN ORDINANCE to amend Sections 36-3 and 36-4, Code of the
City of Roanoke (1979), as amended, and Sheet No. 228; Sectional 1976 Zone
Map, City of Roanoke, in relation to Zoning, subject to certain conditions.
(for full text of Ordinance, see Ordinance Book No. 47, page 218.)
The motion was seconded by Mr. Garland.
A report of the City Planning Commission recommending approval of the
request, subject to the conditions proffered by the petitioner, was before
Council.
(For full text, see report on file in the City Clerk's Office.)
A report of the Zoning Administrator advising that the proffered
conditions would not require a bond or similar guarantee from the peti-
tioner; however, noting that the proffered conditions regarding landscap-
ing of white pines, where the property adjoins Lots 23 - 26, inclusive,
Block 6, Section 1, Eden Park Map, should be accomplished prior to the
actual start of any construction on the project, was also before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. W. Heywood Fralin, Attorney, representing the petitioner, appeared
before Council in support of the request of his client.
No one appearing in opposition to the request for rezoning, the
following vote was recorded on Ordinance No. 25984 on first reading:
AYES: Council members Landis, Thomas, Bowles, Butler, Garland,
Harvey and Mayor Taylor ................................................... 7.
NAYS: None .......................................................... O.
ZONING: Council having previously authorized the City Clerk to
advertise a public hearing for Monday, April 26, 1982, at 2:00 p.m., or as
soon thereafter as the matter may be heard in the Council Chamber, on the
request of Boddie-Noell Enterprises, Inc., that a tract of land containing
0.5969 acres, located between Jamison Avenue and Bullitt Avenue, S. E., in
the vicinity of 9th Street, S. E., described as Lots 5, 6, 16, 17 and 18,
ACTION:
ACTION:
Block 18, Belmont Subdivision, Official Tm Nos. 4120604, 4120605, 4120616,
4120617 and 4120618, be rezoned from RG-2, General Residential District,
to C-2, General Commercial District, subject to certain conditions proferred
by the petitioner, the matter was before the body.
Mr. Garland moved that the following Ordinance be placed upon its
first reading:
(#25985) AN ORDINANCE to amend Sections 36-3 and 36-4, Code of the
City of Roanoke (1979), as amended, and Sheet No. 412, Sectional 1976 Zone
Map, City of Roanoke, in relation to Zoning, subject to certain conditions.
(For full text of Ordinance, see Ordinance Book No. 47, page 220.)
The motion was seconded by Mrs. Bowles.
A report of the City Planning Commission recommending approval of the
request, was before Council.
(For full text, see report on file in the City Clerk's Office.)
A report of the Zoning Administrator advising that the proffered
conditions would not require a bond or similar guarantee from the petitioner;
however, the proferred conditions regarding the area for alley turn-around
to be dedicated to the City of Roanoke should be accomplished prior to the
actual start of any construction on the project, was also before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Frank B. Caldwell, III, representing the petitioner, appeared
before Council in support of the request of his client.
No one appearing in opposition to the request for rezoning, the follow-
ing vote was recorded on Ordinance No. 25985 on first reading:
AYES: Council members Landis, Thomas, Bowles, Butler, Garland, Harvey
and Mayor Taylor ............................................................ 7.
NAYS: None ............................................................ O.
STREETS AND ALLEYS: Council having previously authorized the City
Clerk to advertise a public hearing for Monday, April 26, 1982, et 2:00
p.m., or as soon thereafter as the matter may be heard in the Council
Chamber, on the request of Boddie-Noell Enterprises, Inc., that 200 feet of
an alley on the west side of 9th Street, S. E., lying between Bullitt
Avenue, S. E., and Jamison Avenue, S. E., be vacated, discontinued and
closed, the matter was before the body.
Mr. Garland moved that the following Ordinance be placed upon its
first reading:
(#25986) AN ORDINANCE permanently vacating, discontinuing and closing
two hundred feet of alley on the west side of 9th Street, S. E., lying
between Bullitt Avenue, S. E., and Jamison Avenue, S. E., in the City of
Roanoke, Virginia, as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 47, page 221.)
The motion was seconded by Mrs. Bowles.
A report of the City Planning Comm~ission recommending that the request
be approved, was before Council,
(For full text, see report on file in the City Clerk's Office.)
Mr. Frank B. Caldwell, III, representing the petitioner, appeared
before Council in support of the request of his client.
63
ACTION:
ACTION:
No one appearing in opposition to the request, the following vote was
recorded on Ordinance No. 25986 on first reading:
AYES: Council members Landis, Thomas, Bowles, Butler, Garland,
Harvey and Mayor Taylor ................................................. 7.
NAYS: None ........................................................ 0.
GRANTS-DOWNTOWN ROANOKE: Council having previously authorized the
holding of a public hearing for Monday, April 26, 1982, at 2:00 p.m., or as
soon thereafter as the matter may be heard in the Council Chamber, with
regard to a request for submittal of an Urban Development Action Grant for
a proposed downtown office rehabilitation project, the matter was before
the body.
Mr. Landis offered the following Resolution:
(#25987) A RESOLUTION authorizing the City Manager to make applica-
tion to the United States Department of Housing and Urban Development for
an Urban Development Action Grunt in connection with the renovation of the
Liberty Trust Building, 101 S. Jefferson Street, in the downtown area of
the City.
(For full text of Resolution, see Resolution Book No. 47, page 214.)
Mr. Landis moved the adoption of the Resolution. The motion was
seconded by Mr. Thomas.
The City Manager submitted a written report recommending that he be
authorized to file for and on behalf of the City, a written application
for an Urban Development Action Grant from the United States Department of
Housing and Urban Development, in the amount of $180,000.00, to provide
partial financing for the renovation of the Liberty Trust Building, 101 S.
Jefferson Street.
(For full text, see report on file in the City Clerk's Office.)
No one wishing to address the matter, the following vote was recorded
on Resolution No. 25987:
AYES: Council members Landis, Thomas, Bowies, Butler, Garland, and Mayor
Taylor .................................................................... 6.
NAYS: None .......................................................... O.
(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 City Council and would be enacted by
one motion in the forms listed on the agenda, and if discussion was desired,
that item would be removed from the Consent Agenda and considered separately.
He noted that included on the Consent Agenda were requests for Executive
Sessions to discuss personnel matters, a legal matter, and the City }~nager
had orally requested am Executive Session to discuss two matters of personnel.
MINUTES: Minutes of the regular meeting of Council held on Monday,
March 22, 1982, and the regular meeting of Council held on Monday, April 5,
1982, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mrs. Bowles moved that Council dispense with the reading of the
minutes and that the minutes be approved as recorded. The motion was
seconded by Mr. Garland and adopted by the following vote:
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
AYES: Council members Lamdis, Thomas, Bowles, Butler, Garland, Marvey
and Mayor Taylor ......................................................... 7.
NAYS: None .......................................................... O.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters, 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. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Landis, Thomas, Bowles, Butler, Garland, Harvey
and Mayor Taylor ......................................................... 7.
NAYS: None ......................................................... 0.
YOUTH SERVICES CITIZEN BOARD: A communication from Mr. Reginald
Shareef tendering his resignation as a member of the Youth Services Citizen
Board, effective April 18, 1982, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mrs. Bowles moved that the resignation be accepted with regret and
that the communication be received and filed. The motion was seconded by
Mr. Garland and adopted by the following vote:
AYES: Council members Landis, Thomas, Bowles, Butler, Garland, Harvey
and Mayor Taylor ......................................................... 7.
NAYS: None ......................................................... 0.
EASEMENTS-SUBDIVISIONS: A communication from Mr. David C. Helscher,
Attorney, representing Stephen B. Colwell and Joan B. Colwell, requesting
that a portion of a twenty foot drainage easement shown on the recorded
subdivision plat of Springtree which crosses the Colwell property on Belle
Avenue, N. E., be vacated to permit the construction of a carport, was
before Council.
(For full text, see co~unication on file in the City Clerk's Office.)
Mrs. Bowles moved that Council hold a public hearing on the request on
Monday, June 14~ 1982, at 7:30 p.m., in the Council Chamber, and that the
matter be referred to the City Engineer for study, report and recommendation
to Council by June 14, 1982. The motion was seconded by Mr. Garland and
adopted by the following vote:
AYES: Council members Landis, Thomas, Bowles, Butler, Garland,
Harvey and Mayor Taylor .................................................. 7.
NAYS: None ......................................................... O.
COUNCIL: A report of the Director of Finance requesting an Executive
Session to discuss a legal matter, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the request. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Landis, Thomas, Bowles, Butler, Garland, Harvey
and Mayor Taylor ......................................................... 7.
NAYS: None ......................................................... O.
COUNCIL: The City Manager orally requested that Council meet in
Executive Session to discuss two personnel matters.
Mrs. Bowles moved that Council concur in the request. The motion
was seconded by Mr. Garland and adopted by the following vote:
ACTION:
ACTION:
ACTION:
ACTION:
AYES: Council members Landis, Thomas, Bowles, Butler, Garland, Harvey
and Mayor Taylor .......................................................... 7.
NAYS: None .......................................................... O.
REGULAR AGENDA:
HEARING OF CiTiZENS UPON PUBLIC MATTERS:
BUSES: Mr. James Spitzel, 1833 Cambridge Avenue, S. W., appeared
before Council and presented a petition signed By residents of the Norwich
section of the City request/ng that bus service be restored to their neigh-
borhood.
(For full text, see petition on file in the City Clerk's Office.)
Mr. Harvey moved that the matter be referred to the Manager of Valley
Metro for report to the Board of Directors at its meeting on Monday, May
17, 1982. The motion was seconded by Mr. Garland and unanimously adopted.
LEAGUE OF OLDER AMERICANS, INCORPORATED-HANDICAPPED PERSONS: Mr.
Bruce Bloodworth, President, League of Older Americans, Inc., appeared
before Council and presented a communication requesting the City's support
with regard to development of an apartment complex for the elderly and
handicapped in the Crossroads Mall area.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Rich Hodge, representing the Catholic Diocese of Richmond, also
appeared before Council in support of the request.
Mr. Garland moved that the matter be referred to the City Manager and
the City Planning Commission for study, report and recommendation to Council.
The motion was seconded by Mr. Thomas and unanimously adopted.
TAXES: A request of Mr. David L. Hunter, 685 Brandon Avenue, S. W.,
to address Council on behalf of the fast food industry, was before the body.
Inasmuch as Mr. Hunter was not present, Mr. Thomas moved that the
request be received and filed. The motion was seconded by Dr. Butler and
unanimously adopted.
PETITIONS AND COMMUNICATIONS:
MISCELLANEOUS: A communication from Mr. Robert G. Jones requesting
assistance in establishing a half-way house, was before Council.
The City Clerk advised that Mr. Jones would like for the matter to be
carried over until the next regular meeting of Council onM onday, May 3,
1982; whereupon, Mr. Thomas moved that Council concur in the request. The
motion was seconded by Mr. Harvey and unanimously adopted.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
MARKET: The City Manager submitted a written report recommending that
City Market curb rental rates be adjusted, effective July 1, 1982, to reflect
more parity as the result of changed numbers and configuration of the curb
spaces since the public improvements.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
ACTION:
ACTION:
Dr. Butler offered the following Resolution:
(#25988) A RESOLUTION prescribing rates and charges for the rental
of curb spaces on the streets in the City Market area and providing an
effective date for such rates and charges.
(For full text of Resolution, see Resolution Book No. 47, page 215.)
Dr. Butler moved the adoption of the Resolution. The motion was second-
ed by Mr. Garland and adopted by the following vote:
AYES: Council members Landis, Thomas, Butler, Garland, Harvey and
Mayor Taylor ............................................................... 6.
NAYS: None ........................................................... 0.
(Council member Bowles abstained from voting.)
CITY ATTORNEY:
SCHOOLS-CITY EMPLOYEES: The City Attorney submitted a written report
advising that at its meeting on Monday, April 12, 1982, Council concurred in
a recommendation of the Director of Finance that the City agree, by contract
with the School Board, to provide payroll services to the School Board and
the matter was referred to the City Attorney for preparation of the appropriate
measure; and transmitting, for the consideration of Council, an Ordinance
which would authorize the execution of a contract with the School Board.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler offered the following emergency Ordinance:
(#25989) AN ORDINANCE authorizing the appropriate City officials to
enter into a contract with the School Board of the City of Roanoke to pro-
vide for consolidation of payroll systems of the City and the School Board;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 215.)
Dr. Butler moved the adoption of the Ordinance. The motion was seconded
by Mr. Landis and adopted by the following vote:
AYES: Council members Landis, Thomas, Bowles, Butler, Garland, Harvey
and Mayor Taylor ............................................................ 7.
NAYS: None ............................................................ 0.
CITY PROPERTY-PARKING GARAGE-CENTER-IN-THE-SQUARE: The City Attorney
submitted a written report advising that at its Financial and Planning
Session on April 19, 1982, Council considered a report from the City Manager
concerning bids for a leasing and management contract with respect to the
City's retail space in the Municipal Parking Garage and in the Center-in-
the-Square Parking Garage and concurred in the City Manager's recommendation
to award to Hall Associates, Inc., a contract for the leasing and management
of this space and referred the matter to the City Attorney for preparation
of the proper measure. Mr. Dibling transmitted the appropriate Ordinance
for Council's consideration.
(For full text, see report on file in the City Clerk's Office~)
Mrs. Bowles offered the following emergency Ordinance:
(#25990) AN ORDINANCE providing for the award of a real estate management
and leasing contract with respect to the City's vacant retail space in the
Municipal and Center-in-the-Square Parking Garages; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 47, Page 216.)
67
ACTION:
ACTION:
Mrs. Bowles moved the adoption of the Ordinance. The motion was seconded
by Mr. Thomas and adopted by the following vote:
AYES: Council members Landis, Thomas, Bowles, Butler, Garland,
Harvey and Mayor Taylor .................................................... 7.
NAYS: None ........................................................... 0.
DIRECTOR OF FINANCE:
BUDGET-CITY EMPLOYEES: The Director of Finance submitted a written
report in regard to third quarter personnel lapse, advising that the total
budgeted salary and wage lapse remaining will be as follows:
Original Budgeted Amount
First Quarter Lapse Realized
Second Quarter Lapse Realized
Third Quarter Lapse Realized
Amount to be Realized
$ 500,000
(143,748)
(184,000)
172,252
$ - 0 -
Mr. Schlanger advised that revenue estimates were adjusted in December 1981,
per Ordinance No. 25880, which reduced the estimated revenue $130,464.00 below
the total appropriations due to the state of the economy, that in order to
re-balance the fiscal year 1981-82 budget, he has projected the fourth
quarter lapse to be $142,027.00; therefore, $130,464.00 will be used to reduce
appropriations and the remaining $11,563.00 will be reappropriated to the Contin-
gency Reserve.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#25991) AN ORDINANCE to amend and reordain certain sections of the
1981-82 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 216.)
Mr. Landis moved the adoption of the Ordinance. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Landis, Thomas, Bowles, Butler, Garland, Harvey
and Mayor Taylor ........................................................... 7.
NAYS: None .......................................................... O.
REPORTS OF COMMITTEES:
SPECIAL PERMITS-SIGNS-DOWNTOWN ROANOKE: A report of the City Planning
Co~nission recommending that the request of Mr. Andrew C. Kelderhouse,
Project Manager, Fralin and Waldron, Incorporated, on behalf of MFW Associates,
for permission to install a canopy at the entrance of 101 South Jefferson
Street, be granted, was before Council.
(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:
(#25992) AN ORDINANCE permitting the encroachment of a canopy to be
erected at the entrance to the Liberty Trust Building, 101 South Jefferson
Street, over the public sidewalk in front of such building, to a line not
greater than two feet from the adjacent curb line, upon certain terms and
conditions.
(For full text of Ordinance, see Ordinance Book No. 47, page 222.)
ACTION:
ACTION:
ACTION:
The motion was seconded by Dr. Butler and adopted by the following
vote:
AYES: Council members Landis, Thomas, Bowles, Butler, Garland and
Mayor Taylor ........................................................... 6..
NAYS: None ....................................................... O.
(Council member Harvey was out of the Council Chamber.)
FLOODS: A report of the Flood Plain Committee advising of certain
actions taken at its April 14 meeting, noting that the Comittee agreed to
commence gathering site specific information, such as pictures and actual
individual flood damages, to be presented to members of Council at a later
date in conjunction with information from the Corps of Engineers; the Committee
agreed with the need for additional information from the Corps of Engineers
in accordance with a staff memo dated March 12, 1982, and that a coPY of the
memo be forwarded to the City Manager of the City of Salem for information
purposes; and requested that Council appoint a committee member to replace
Mr. Michael R. Kraus, resigned, with the suggestion that the replacement
also be from the Mennel Milling Company.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis moved that the vacancy on the Flood Plain Committee created
by the resignation of Mr. Kraus be included on the vacancy list compiled by
the City Clerk for consideration by Council. The motion was seconded by Mr.
Thomas and unanimously adopted.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
AIRPORT: Ordinance No. 25975 authorizing the City Manager to enter
into a lease agreement with the United States Department of Transportation,
Federal Aviation Administration, for installation, operation and maintenance
on City property of a middle marker facility to serve Runway 33 at Roanoke
Municipal Airport, Woodrum Field, upon certain terms and conditions, having
previously been before the Council for its first reading on Monday, April
12, 1982, 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:
(#25975) AN ORDINANCE authorizing the City Manager to enter into a
lease agreement with the United States Department of Transportation, Federal
Aviation Administration, for installation, operation and maintenance on City
property of a middle marker facility to serve Runway 33 at Roanoke Municipal
Airport; upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 47, page 213.)
Mr. Harvey moved the adoption of the Ordinance. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Landis, Thomas, Bowles, Butler, Garland, Harvey
and Mayor Taylor ......................................................... 7.
NAYS: None ......................................................... O.
AIRPORT-SALE/PURCHASE OF PROPERTY-CITY PROPERTY: Ordinance No. 25976
providing for the sale or other disposition of certain residential improve-
ments owned or to be owned by the City on Lewiston Road, N. W., and Ben Street,
N. W., under certain terms and conditions, having previously been before the
Council for its first reading on Monday, April 12, 1982, read and adopted on
its first reading and laid over, was again before the body, Mrs. Bowles
offering the following for its second reading and final adoption:
ACTION:
ACTION:
(#25976) AN ORDINANCE providing for the sale or other disposition of
certain residential improvements owned or to be owned by the City on Lewis-
ton Road, N. W., and Ben Street, N. W., u~der certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 47, page 214.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Landis, Thomas, Bowles, Butler, Garland, Harvey
and Mayor Taylor ............................................................ 7.
NAYS: None ............................................................ O.
WATER DEPARTMENT: Council having previously instructed the City Attorney
to prepare the proper measure accepting the proposal of C. B. Clemmer for
certain concession privileges to be exercised at Carvins Cove, upon certain
terms and conditions, he presented same; whereupon, Mr. Landis moved that
the following Ordinance be placed upon its first reading:
(#25993) AN ORDINANCE accepting a bid for certain concession privileges
to be exercised at Carvins Cove, upon certain terms and conditions; and
directing the execution of the requisite contract therefor.
(For full text of Ordinance, see Ordinance Book No. 47, page 222.)
The motion was seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Landis, Thomas, Bowles, Butler, Garland, Harvey and
Mayor Taylor ................................................................. 7.
NAYS: None ............................................................. 0.
LEGISLATION: Council having previously instructed the City Attorney to
prepare the proper measure commending and extending appreciation to the City's
representatives to the 1982 Session of the General Assembly for their support of
and work on behalf of the City's 1982 Legislative Program, and also thanking the
City's representatives for their consideration of the City's position on various
bills introduced during the 1982 Session, he presented same; whereupon, Mr.
Harvey offered the following Resolution:
(#25994) A RESOLUTION commending and extending appreciation to the City's
representatives to the 1982 Session of the General Assembly for their support of
and work on behalf of the City's 1982 Legislative Program and also thanking the
City's representatives for their consideration of the City's position on various
bills introduced during the 1982 Session.
(For full text of Resolution, see Resolution Book No. 47, page 218.)
Mr. Harvey moved the adoption of the Resolution. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Landis, Thomas, Bowles, Butler, Garland, Harvey and
Mayor Taylor ................................................................. 7.
NAYS: None ............................................................ 0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: NONE.
At 3:00 p.m., the Mayor declared the meeting recessed.
At 3:28 p.m., the meeting reconvened in the Council Chamber with Mayor
Taylor presiding and all members of the Council present.
70
ROANOKE NEIGHBORHOOD PARTNERSHIP: The Hayor advised that the by-laws of
the Roanoke Neighborhood Partnership Steering Committee provide that the Com-
mittee will consist of 30 members and stated that it will be necessary to
appoint three additional members in order to bring the committee up to its
full complement; whereupon, the Hayor opened £he floor for nominations.
Mr. Landis placed in nomination the names of Mrs. Angelica P. Lloyd
and Mr. Charles W. Hancock.
There being no further nominations, Mrs. Lloyd and Mr. Hancock were
appointed as members of the Roanoke Neighborhood Partnership Steering
Committee by the following vote:
FOR MRS. LLOYD AND MR. HA~COCK: Council members Landis, Thomas,
Bowles, Butler, Garland, Harvey and Mayor Taylor ........................... 7.
There being no further business, the Mayor declared the meeting
adjourned at 3:35 p.m.
APPROVED
ATTEST:
City Clerk
Mayor
71
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
May 3, 1982
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the Council
Chamber in the Municipal Building, City of Roanoke, on Monday, May 3, 1982, at 2:00
p.m., the regular meeting hour, with Mayor Noel C. Taylor presiding.
PRESENT: Council members Hampton W. Thomas, Elizabeth T. Bowles, Wendell
H. Butler, Robert A. Garland, James G. Harvey, II, Charles L. Landis and Mayor Noel
C. Taylor ........................................................................ 7.
ABSENT: None .......................................................... O.
OFFICERS PRESENT: Mr. H. B. Ewert~ City Manager; Mr. W. Robert Herbert,
Assistant City Manager; Mr. Wilburn C. Dibling, Jr., City Attorney; Mr. William X
Parsons, Assistant City Attorney; Mr. Joel M. Schlanger, Director of Finance; and
Mrs. Mary F. Parker, City Clerk.
The invocation was delivered by Dr. Robert E. Jarman, Pastor, Belmont
Christian Church.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Taylor.
PROCLAMATIONS: The Mayor presented a proclamation declaring the month of
May, 1982, as Senior Senior's Month in the City of Roanoke.
(For full text, see proclamation on file in the City Clerk's Office.)
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the City Council and would be enacted by one motion in
the 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 meeting of Council held on Monday, April
12, 1982, and the special meeting of Council held on Monday, April 19, 1982, were
before the body.
(For full text, see minutes on file in the City Clerk's Office.)
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 Dr. Butler and
adopted by the following vote:
AYES: Council members Thomas, Bowles, Butler, Garland, Harvey, Landis and
Mayor Taylor ..................................................................... 7.
NAYS: None ............................................................ O.
BILLINGS AND COLLECTIONS: A report of the Director of Finance submitting
a written report transmitting statistics as related to the Billings and Collections
operations for the period January through March, 1982, was before Council.
(For full text, see report on file in the City Clerk's Office.)
ACTION: Mrs. Bowles moved that the report be received and filed. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Thomas, Bowles, Butler, Garland, Harvey, Landis and
Mayor Taylor ..................................................................... 7.
72
ACTION:
ACTION:
ACTION:
NAYS: None ...................................................... -4}.
PENDING ITEMS: A list of items pending from February 7, 1977, through
April 26, 1982, was before Council.
(For full text, see 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 Dr. Butler and adopted by the following vote:
AYES: Council members Thomas, Bowles, Butler, Garland, Harvey,
Landis and Mayor Taylor ................................................ 7.
NAYS: None ....................................................... 0.
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
DOGS-COMPLAINTS: Mr. Norman T. Myles, Jr., 1238 Floyd Avenue, S. W.,
appeared before Council concerning enforcement of the leash law for dogs
in the City. He complained that dogs are running at large in his neighborhood
and the Animal Control Officers are not doing anything to correct the
situation.
Mr. Garland moved that the matter be referred to the City Manager for
investigation. The motion was seconded by Mr. Harvey and unanimously
adopted.
PETITIONS AND COMMUNICATIONS:
MISCELLANEOUS: A communication from Mr. Robert G. Jones, 632 2nd Street,
S. W., requesting assistance in establishing a half-way house, was before
Council.
The City Clerk advised that Mr. Jones would like for the matter to be
deferred until the next regular meeting of Council on Monday, May 10,
1982; whereupon, Mr. Garland moved that Council concur in the request.
The motion was seconded by Mr. Thomas and unanimously adopted.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
SEWERS AND STORM DRAINS: Mr. Richard B. Burrow, City Engineer,
appeared before Council and presented an oral briefing on the status of
the Williamson Road ~ Storm Drainage Study.
(See report on file in the City Clerk's Office.)
ITEMS RECOt~4ENDED FOR ACTION:
HEALTH DEPARTMENT: The City Manager submitted a written report
recommending that Section 13-1 of the City Code, covering Food and Food
Establishments, be amended to provide regulations which are equivalent to
or more stringent than provisions of the State Code and the regulations of
the State Board of Health, particularly as to the definition of "restaurant".
It was noted that the Roanoke City Health Department finds it cannot issue
permits to and inspect delicatessens in grocery stores under the present
City Code and has requested that Section 13-1 of the City Code be amended
to apply to delicatessens.
(For full text, see report on file in the City Clerk's Office.)
73
ACTION:
ACTION:
ACTION:
Dr. Butler offered the following e~ergency Ordinance:
(#25995) A~ ORDINANCE to amend and reordain Section 13-1, Definitions,
of the Code of the City of Roanoke (1979), as amended, to add a new definition
of "restaurant"; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 223.)
Dr. Butler moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Thomas, Bowles, Butler, Garland, Harvey,
Landis and Mayor Taylor ................................................ 7.
NAYS: None ....................................................... 0.
HUMAN RESOURCES-LEGISLATION: The City Manager submitted a written
report advising that the Human Resources Steering Co~nittee recommends
that Council endorse the continuation of the local option study and endorse
a Resolution to amend the local option law.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler offered the following Resolution:
(#25996) A RESOLUTION requesting the General Assembly to amend
Section 15.1-36.2, Code of Virginia (1950), as amended, the "Local Option
Bill," so as to cure constitutional defects noted by the Attorney General
in his Opinion of February 9, 1982.
(For full text of Resolution, see Resolution Book No. 47, page 223.)
Dr. Butler moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Thomas, Bowles, Butler, Garland, Harvey,
Landis and Mayor Taylor ................................................ 7.
NAYS: None ....................................................... 0.
APPALACHIAN POWER COMPANY-CITY NURSING HOME: The City Manager submitted
a written report recommending that the Mayor be authorized to execute an
indenture from Appalachian Power Company to provide improved electrical
service and lighting service to the City Nursing Home and electrical ser-
vice to adjoining property.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis moved that the following Ordinance be placed upon its
first reading:
(#25997) AN ORDINANCE authorizing and directing the proper City offi-
cials to execute and deliver a deed of easement to the Appalachian Power
Company.
(For full text of Ordinance, see Ordinance Book No. 47, page 228.)
The motion was seconded by Mr. Thomas and adopted by the following
vote:
AYES: Council members Thomas, Bowles, Butler, Garland, Harvey,
Landis and Mayor Taylor ................................................ 7.
NAYS: None ....................................................... 0.
74
ACTION:
ACTION:
ACTION:
CITY PROPERTY-STADIUM-PAP, KS AND PLAYGROUNDS: The City Manager submitted
a written report recommending approval of a request of Festival in the
Park, Inc., for a waiver of fees in accordance with provisions of Resolution
No. 24982 for use of Victory Stadium on May 29 - 30, 1982, for certain
events.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(#25998) A RESOLUTION waiving the standard rental fee for use of a
City facility.
(For full text of Resolution, see Resolution Book No. 47, page 224.)
Mrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Thomas, Bowles, Butler, Garland, Harvey,
Landis and Mayor Taylor ................................................ 7.
NAYS: None ....................................................... O.
AIRPORT: The City Manager submitted a written report reco~ending
authorization for the execution of DOT FAA Lease No. 82-L-60503 for the
Federal Aviation Administration to construct and operate a Glide Slope
Facility for the Instrument Landing System on Runway 33 at Roanoke Municipal
Airport, Woodrum Field.
(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:
(#25999) AN ORDINANCE providing for the lease to the United States
of America of certain real property at Roanoke Municipal Airport, Woodrum
Field, for an instrument landing system facility.
(For full text of Ordinance, see Ordinance Book No. 47, page 228.)
The motion was seconded by Mr. Thomas and adopted by the following
vote:
AYES: Council members Thomas, Bowles, Butler, Garland, Harvey,
Landis and Mayor Taylor ................................................ 7.
NAYS: None ....................................................... O.
BUDGET-GRANTS-CETA: The City Manager submitted a written report
recommending that $242,858.00 be transferred to the proper CETA accounts,
representing an adjustment of fiscal year 1982 funds to the Administrative
Cost Pool, to pay administrative costs incurred by the Consortium and its
subgrantees to manage the various grant programs.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas offered the following emergency Ordinance:
(#26000) AN ORDINANCE to amend and reordain certain sections of the
1981-82 Fifth District Consortium Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 224.)
Mr. Thomas moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
75
ACTION:
ACTION:
AYES: Council members Thomas, Bowles, Butler, Garland, Harvey,
Landis and Mayor Taylor ................................................. 7.
NAYS: None ........................................................ 0.
POLICE DEPARTMENT-EQUIPMENT: The City Manager submitted a written
report concurring in a report of the Bid Committee recommending that the
lowest responsible bid most closely meeting specifications, including
economy, from Berglund Chevrolet, Inc., for police vehicles, in the amount
of $151,424.00, be accepted.
(Forfull text, see reports on file in the City Clerk's Office,)
Mr. Landis offered the following emergency Ordinance:
(#26001) AN ORDINANCE providing for the purchase of certain vehicles
for use by the City, upon certain terms and conditions, by accepting a
certain bid made to the City for furnishing and delivering such equipment;
rejecting other bids made to the City; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 225.)
Mr. Landis moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Thomas, Bowles, Butler, Garland, Harvey,
Landis and Mayor Taylor ................................................. 7.
NAYS: None ........................................................ 0.
DIRECTOR OF FINANCE:
BUDGET-CETA-GRANTS: The Director of Finance submitted a written
report recom~ending certain appropriation and revenue adjustments in
connection with the close-out of the J.O.M.P. and C,E.T.A. Program Agent
grants.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#26002) AN ORDINANCE to amend and reordain certain sections of the
1981-82 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 226.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was seconded
by Dr. Butler and adopted by the following vote:
AYES: Council members Thomas, Bowles, Butler, Garland, Harvey, Landis
and Mayor Taylor ........................................................ 7.
NAYS: None ........................................................ 0.
REPORTS OF COMMITTEES:
STREETS AND ALLEYS: Council member Landis, Chairman of the committee
appointed by the Mayor to tabulate bids received for asphalt pavement profiling
of various streets within the City, submitted a written report of the committee
recommending that the proposal of Lanford Brothers Company, in the amount of
$35,000.00, be accepted.
(For full text, see report on file in the City Clerk's Office.)
76
ACTION:
ACTION:
ACTION:
In this connection, the City Manager submitted a written report recommending
that Council approve the reco~-,endations of the bid co~u[ttee.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#26003) AN ORDINANCE accepting the bid of Lanford Brothers Company,
Inc., for asphalt pavement profiling of various streets within the City;
authorizing the proper City officials to execute the requisite contract;
rejecting other bids received for said work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 227.)
Mr. Landis moved the adoption of the Ordinance. The motion was seconded
by Mr. Thomas and adopted by the following vote:
AYES: Council members Thomas, Bowles, Butler, Garland, Harvey, Landis
and Mayor Taylor ........................................................ 7.
NAYS: None ........................................................ O.
STREETS AND ALLEYS: Council member Landis, Chairman of the committee
appointed by the Mayor to tabulate bids received for paving of streets at
various locations in the City of Roanoke, submitted a written report of the
committee recommending that the proposal of Adams Construction Company and
Subsidiary and Virginia Asphalt Paving Company, Incorporated, in the total
amount of $765,000.00, be accepted.
(For full text, see report on file in the City Clerk's Office.)
In this connection, the City Manager submitted awritten report recommending
that Council approve the recommendation of the bid committee.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#26004) AN ORDINANCE accepting the joint proposal of Adams Construction
Company (and Subsidiary) and Virginia ~mphalt Paving Company, Incorporated,
for the paving of streets at various locations in the City of Roanoke;
authorizing the proper City officials to execute the requisite contract;
rejecting other bids received for said work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 227.)
Mr. Landis moved the adoption of the Ordinance. The motion was seconded
by Mr. Thomas and adopted by the following vote:
AYES: Council members Thomas, Bowles, Butler, Garland, Harvey, Landis
· and Mayor Taylor ........................................................ 7.
NAYS: None ........................................................ O.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
ZONING: Ordinance No. 25984 rezoning a parcel of land lying on the
south side of Hershberger Road, designated on Roanoke City Appraisal Map as
part of Official Tax No. 2280601, from C-i, Office and Institutional District,
to C-2, General Commercial District, subject to certain conditions proffered
by the petitioner, having previously been before the Council for its first
reading on Monday, April 26, 1982, 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:
77
ACTION:
ACTION:
(~25984) AN ORDINANCE to amend Sections 36-3 and 36-4, Code of the City
of P~anoke (1979), as amended, and Sheet No. 228, Sectional 1976 Zone Map,
City of Roanoke, in relation to Zoning, subject to certain conditions.
(For full text of Ordinance, see Ordinance Book No. 47, page 218.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was seconded
by Dr. Butler and adopted by the following vote:
AYES: Council members Thomas, Bowles, Butler, Garland, Harvey, Landis
and Mayor Taylor ......................................................... 7.
NAYS: None ......................................................... 0.
ZONING: Ordinance No. 25985 rezoning a tract of land containing 0.5969
acres, located between Jamison Avenue and Bullitt Avenue, S. E., in the
vicinity of 9th Street, S. E., described as Lots 5, 6, 16, 17 and 18, Block
18, Belmont Subdivision, Official Tax Nos. 4120604, 4120605, 4120616, 4120617
and 4120618, from RG-2, General Residential District, to C-2, General Commercial
District, subject to certain conditions proffered by the petitioner, having
previously been before the Council for its first reading on Monday, April 26,
1982, read and adopted on its first reading and laid over, was again before
the body, Dr. Butler offering the following for its second reading and final
adoption:
(#25985) AN ORDINANCE to emend Sections 36-3 and 36-4, Code of the City
of Roanoke (1979), as amended, and Sheet No. 412, Sectional 1976 Zone Map,
City of Roanoke, in relation to Zoning, subject to certain conditions.
(For full text of Ordinance, see Ordinance Book No. 47, page 220.)
Dr. Butler moved the adoption of the Ordinance. The motion was seconded
by Mr. Landis and adopted by the following vote:
AYES: Council members Thomas, Bowles, Butler, Garland, Harvey, Landis
and Mayor Taylor ......................................................... 7.
NAYS: None ......................................................... 0.
STREETS AND ALLEYS: Ordinance No. 25986 providing for the permanent
vacating, discontinuing and closing of 200 feet of an alley on the west side
of 9th Street, S. E., lying between Bullitt Avenue and Jamison Avenue, S. E.,
in the City, having previously been before the Council for its first reading
on Monday, April 26, 1982, read and adopted on its first reading and laid
over, was again before the body, Mr. Garland offering the following for its
second reading and final adoption:
(#25986) AN ORDINANCE permanently vacating, discontinuing and closing
two hundred feet of alley on the west side of 9th Street, S. E., lying between
Bullitt Avenue, S. E., and Jamison Avenue, S. E., in the City of Roanoke,
Virginia, as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 47, page 221.)
Mr. Garland moved the adoption of the Ordinance. The motion was seconded
by Dr. Butler and adopted by the following vote:
AYES: Council members Thomas, Bowles, Butler, Garland, Harvey, Landis
and Mayor Taylor ......................................................... 7.
NAYS: None .......................................................... O.
ACTION:
ACTION:
ATTEST:
DOWNTOWN ROANOKE-SPECIAL PERMITS-SIGNS: Ordinance No. 25992 permitting
the encroachment of a canopy to be erected at the entrance to the Liberty
Trust Building, 101 South Jefferson Street, over the public sidewalk in front
of such building, to a line not greater than two feet from the adjacent curb
line, upon certain te~ and conditions, having previously been before the
Council for its first reading on Monday, April 26, 1982, read and adopted on
its first reading and laid over, was again before the body, Mr. Landis offer-
ing the following for its second reading and final adoption:
(#25992) AN ORDINANCE permitting the encroachment of a canopy to be
erected at the entrance to the Liberty Trust Building, 101 South Jefferson
Street, over the public sidewalk in front of such building, to a line not
greater than two feet from the adjacent curb line, upon certain terms and
conditions.
(For full text of Ordinance, see Ordinance Book No. 47, page 222.)
Mr. Landis moved the adoption of the Ordinance. The motion was seconded
by Mr. Thomas and adopted by the following vote:
AYES: Council members Thomas, Bowles, Butler, Garland, Landis and
Mayor Taylor .............................................................. 6.
NAYS: None ......................................................... 0.
(Council member Harvey abstained from voting.)
WATER DEPARTMENT: Ordinance No. 25993 accepting the proposal of C. B.
Clemmer for certain concession privileges to be exercised at Carvins Cove,
upon certain terms and conditions, having previously been before the Council
for its first reading on Monday, April 26, 1982, read and adopted on its
first reading and laid over, was again before the body, Mr. Landis offering
the following for its second reading and final adoption:
(#25993) AN ORDINANCE accepting a bid for certain concession privileges
to be exercised at Carvins Cove, upon certain terms and conditions; and
directing the execution of the requisite contract therefor.
(For full text of Ordinance, see Ordinance Book No. 47, page 222.)
Mr. Landis moved the adoption of the Ordinance. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council members Thomas, Bowies, Butler, Garland, Harvey, Landis
and Mayor Taylor .......................................................... 7.
NAYS: None .......................................................... O.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND M~24BERS OF COUNCIL: NONE.
YOUTH SERVICES CITIZEN BOARD: The Mayor requested that Council member
Landis recommend a replacement for Mr. Reginald Shareef, resigned, on the
Youth Services Citizen Board.
OTHER HEARINGS OF CITIZENS: NONE.
There being no further business, the Mayor declared the meeting adjourned
at 3:00 p.m.
APPROVED
City Clerk Mayor
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
May 10, 1982
7:30 p.m.
The Council of the City of Roanoke met in regular meeting in the Council
Chamber in the Municipal Building, City of Roanoke, on Monday, May 10, 1982, at 7:30
p.m., the regular meeting hour, with Mayor Noel C. Taylor presiding.
PRESENT: Council members Wendell R. Butler, Robert A. Garland, James G. Harvey,
II, Charles L. Landis, Hampton W. Thomas and Mayor Noel C. Taylor .................. 7.
ABSENT: None ................................................................. O.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. W. Robert Herbert, Assistant
City Manager; Mr. Wilburn C. Dibling, Jr., City Attorney; Mr. Joel M. Schlanger,
Director of Finance; and Mrs. Mary F. Parker, City Clerk.
The invocation was delivered by The Reverend Nicholas G. Bacalis, Priest, Holy
Trinity Greek Orthodox Church.
The Pledge of Allegiance to the Flag of the United States of America was led by
}~yor Taylor.
BID OPENINGS:
AIRPORT: Pursuant to notice of advertisement for bids for Runway 23
Extension - Phase I, construct underpass structure, relocate Route 118, install
drainage at Roanoke Municipal Airport, Woodrum Field, ADAP Project No. 6-51-
0045-13, said proposals to be received by the City Clerk until 4:30 p.m., on
Monday, May 10, 1982, and to be held, opened and read before the Council at
7:30 p.m., on that date, or as soon as the matter may be heard, the Mayor asked
if anyone had any questions about the advertisement for bids and no representa-
tive 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
Alternate "A"
Alternate "B"
McDowall and Wood, Inc.
E. F. Blankenship Company
Wiley N. Jackson Company
Hickory Construction Co., Inc.
Branch and Associates, Inc.
Crowder Construction Company
English Construction Company
J. M. Turner and Co., Inc.
Eisenhour Construction Co., Inc.
Moore Brothers Co., Inc.
Fairfield Bridge Company
Lanford Brothers Co., Inc.
Echols Brothers, Inc.
Paul N. Howard Company
$3,201,844.85
3,224,552.20
3,288,708.65
3,304,451.44
3,439,552.50
3,488,541.50
3,606,415.50
3,632,588.29
3,659,752.57
3,675,690.90
3,789,016.15
3,813,309.60
3,849,730.15
4,464,430.10
$2,794,148.20
2,786,306.70
2,790,237.00
2,935,747.50
3,008,167.00
3,054,636.00
3,108,489.00
3,154,090.95
3,242,986.10
3,285,080.20
3,320,147.00
3,478,873.00
3,395,863.50
3,902,900.00
ACTION:
Mr. Thomas 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 Dr. Butler and unanimously adopted.
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
The Mayor appointed Messrs. Robert A. Garland, Chairm~n, Kit B. Kiser
and Thomas F. Brady as members of the committee.
MUNICIPAL BUILDINGFIRE DEPARTHENT-STADIUI/: Pursuant to notice of
advertisement for bids for roof replacement at the Municipal Building
Annex and Fire Station No.'10, said proposals to be received by the City
Clerk until 4:30 p.m., on Monday, May 10, 1982, 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
Municipal Fire National
Building Station Guard Armory Combined
Annex No. 10 Roof Area D Total
Seal-Tire Roofing, Inc.
I. N. McNeil Roofing and
Sheet Metal Co., Inc.
Leonard Smith Sheet
Metal & Roofing, Inc.
Valley Roofing Corp.
John T. Morgan Roofing
& Sheet Metal Co., Inc.
NO BID $29,350.00 $10,845.00
$41,187.00 24,501.00 9,422.00
45,043.00 29,133.00 11,633.00
48,270.00 22,630.00 11,845.00
50,593.00 37,945.00 13,351.00
$ 39,950.00
74,110.00
76,787.00
81,465.00
101,889.00
Mr. Thomas moved that the bids bereferred to a committee to be appointed
by the Mayor for tabulation, report and recommendation to Council. The
motion was seconded by Dr. Butler and unanimously adopted.
The Mmyor appointed Messrs. Robert A. Garland, Chairman, George C.
Snead and Thomas F. Brady as members of the com~ittee.
SEWERS AND STORM DRAINS: Pursuant to notice of advertisement for bids
for Garden City Boulevard sanitary sewer replacement, Phase II, said proposals
to be received by the City Clerk until 4:30 p.m., on Monday, May 10, 1982,
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 representa-
tive 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:
J. P. Turner & Brothers, Inc.
Mullins and Jones, Inc.
Jack St. Clair, Inc.
E. C. Pace and Co., Inc.
S. C. Rossi Company, Inc.
Laramore Construction Company
Prillmmmu and Pace, Inc.
$60,931.80
61,918.50
68,698.00
72,672.00
75,828.00
79,704.00
89,807.00
Mr. Thomas moved that the bids be referred to a co~ittee to be appoint-
ed by the Mayor for tabulation, report and reco~endation to Council. The
motion was seconded by Dr. Butler and unanimously adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman, Kit B. Kiser
and Thomas F. Brady as members of the committee.
PUBLIC HEARINGS:
ZONING: Pursuant to Resolution No. 25523, the City Clerk advertised a
public hearing to be held on Monday, May 10, 1982, at 7:30 p.m., or as soon
thereafter as the matter may be heard in the Council Chamber, on the request
of Azimuth Company, a Virginia general partnership, that property located on
the southerly side of Brandon Avenue, S. W., described as a portion of Offi-
cial Tax No. 5180302, containing approximately 2.5 acres, be rezoned from
RS-i, Single-Family Residential District, to C-i, Office and Institutional
District, subject to certain conditions proffered by the petitioner, the
matter was before the body.
81
ACTION:
ACTION:
Dr. Butler m~ved that the following Ordinance be placed upon its
first reading:
(#26005) AN ORDINANCE to amend Sections 36-3 and 36-4, Code of the
City of Roanoke (1979), as amended, and Sheet No. 518, Sectional 1976 Zone
Map, City of Roanoke, in relation to Zoning, subject to certain conditions.
The motion was seconded by Mrs. Bowles.
A report of the City Planning Commission recommending that the request
be approved, subject to the proffered conditions, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Michael K. Smeltzer, Attorney, representing the petitioner, appeared
before Council in support of the request of his client.
No one wishing to address the matter, the following vote was recorded
on Ordinance No. 26005 on first reading:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles,
and Mayor Taylor ........................................................... 7.
NAYS: None ........................................................... 0.
STREETS AND ALLEYS: Pursuant to Resolution No. 25523, the City Clerk
advertised a public hearing for Monday, May 10, 1982, at 7:30 p.m., or as
soon thereafter as the matter may be heard, in the Council Chamber, on
the request of John D. and Paula S. Walrond that a 400 foot long, 15 foot
wide alley of Block No. 15, according to the Map of Hyde Park Land Company,
as the same now lies between 19th Street and 20th Street, N. W., be vacated,
discontinued and closed, the matter was before the body.
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#26006) AN ORDINANCE permanently vacating, discontinuing, and closing
the 400 foot long, 15 foot wide alley of Block or Section No. 15, according
to the map of Hyde Park Land Company, as the same now lies between 19th
Street and 20th Street, N. W., in the City of Roanoke, Virginia, as is more
particularly described hereinafter.
The motion was seconded by Dr. Butler.
A report of the City Planning Commission recommending that the request
be approved, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. P. Brent Brown, Attorney, representing the petitioners, appeared
before Council in support of the request of his clients.
No one wishing to address the matter, the following vote was recorded
on Ordinance No. 26006 on first reading:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles,
and Mayor Taylor .......................................................... 7.
NAYS: None .......................................................... 0.
ZONING-SUBDIVISIONrORDINANCE: Pursuant to Resolution No. 25523, the
City Clerk advertised a public hearing for Monday, May 10, 1982, at 7:30 p.m.,
or as soon thereafter as the matters may by heard in the Council Chamber, to
consider two Ordinances amending the City Code, one to conform the City's
Subdivision regulations to changes in State law, to clarify certain regulations,
and to increase the fee for subdivision plat review; and one to conform
certain of the City's Zoning regulations with provisions of State law and to
clarify certain other zoning 'regulations, the matters were before the body.
ACTION:
ACTION:
Mr. Landis moved that the following Ordinance be placed upon its first
reading:
(#26007) AN ORDINANCE amending and reordaining Chapter 31, Subdivisions~
of the Code of the City of Roanoke (1979), as amended, by repealing Section
31-10, Appeals from decisions made under chapter, by amending subsection (b)
of Section 31-33, Approval~ distribution and recording of final plat, generally,
subsection (b) of Section 31-39, Fees for plat review, Section 31-53,
facilities and erosion and sediment control measures, subsection (a) of
Section 31-68, Lots; .building or setback lines, Section 31-105, ~
completion of improvements, and Section 31-108, Release of ~uarantees;
certificates of approval, and by adding a new Section 31-54, Off-tract
sewerage and drainage facilities, and a new subsection (k) to Section 31-68,
Lgts; buildint or set back lines, in order to conform the City's Subdivision
regulations to changes in State law, to clarify certain regulations to
changes in State law, to clarify certain regulations, and in order to increase
the fee for subdivision plat review.
(For full text of Ordinance, see Ordinance Book No. 47, page 239.)
The motion was seconded by Mr. Harvey.
A report of the City Planning Commission recommending approval of the
proposed Subdivision Ordinance amendments, noting that the amendments are
consistent with the goals of the City's Comprehensive Plan to provide for an
orderly system of growth and development, was before Council.
(For full text, see report on file in the City Clerk's Office.)
No one wishing to address the matter, the following vote was recorded
on Ordinance No. 26007 on first reading:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas Bowles
and Mayor Taylor .......................................................... 7.
NAYS: None ................................ ~ ......................... O.
Mr. Landis moved that the following Ordinance be placed upon its
first reading:
(#26008) AN ORDINANCE amending and reordaining Chapter 36, Zoning,
of the Code of the City of Roanoke (1979), as amended, by repealing the
definition of Building frontage in Section 36-2, Definitions, subsection (c)
of Section 36-301, Parking or storage of travel trailers~ boats~ etc.~ in
RS.~ RD.~ RG and C-1 d~stricts, and Section 36-503, Discontinuance of nonconform-
ing open air uses, by amending the definitions of Family and Yard in Section
36-2, Definitions, subsection (a) of Section 36-10, Fees and charges in
connection with chapter, subsection (c) of Section 36-30, Appeals to board
generally, Section 36-498, Generally, S36-523, Certificates of occupancy for
noncomformin~ uses, subsection (c) of Section 36-539, Planning Commission
action., and Section 36-541, Notice of hearings, and by adding two new
sections, Section 36-62.1, Uses and structures permitted as special exceptions
in RS-1 districts only, and Section 36-291.1., Y~rd requirements; fences....and
wall regulations, in order to conform certain of the City's Zoning regulations
with provisions of State law and in order to clarify certain other zoning
regulations.
(For full text of Ordinance, see Ordinance Book No. 47, page 242.)
The motion was seconded by Mr. Garland.
A report of the City Planning Commission recommending approval of the
proposed zoning Ordinance amendments, noting that the amendments are consistent
with the goals of the City's Comprehensive Plan to provide for an orderly
system of growth and development, was before Council.
83
ACTION:
ACTION:
ACTION:
(For full text, see report on file in the City Clerk's Office.)
No one wishing to address the matter, the following vote was recorded
on Ordinance No. 26008 on first reading:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor .......................................................... 7.
NAYS: None .......................................................... 0.
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the City Council and would be enacted by one
motion in the forms listed on the Consent Agenda and if discussion was
desired, that item would be removed from the Consent Agenda and considered
separately. He noted that included on the Consent Agenda were two requests
for Executive Sessions of Council to discuss personnel matters and a matter
of potential litigation; whereupon, the City Attorney requested that he be
permitted to remove his item pertaining to potential litigation.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session pursuant to Section 2.1-344(1) of the Code of Virginia,
to discuss personnel matters, 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. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles,
and Mayor Taylor ........................................................... 7.
NAYS: None ........................................................... O.
CLEAN VALLEY CO~ITTEE: A cora~unica~ion from Mr. Mark G. Becker,
Executive Coordinator, Clean Valley Committee, expressing appreciation for
the cooperation and support of Council for Clean Valley Day 1982, was before
the body.
(For full text, see communication on file in the City Clerk's Office.)
Mrs. Bowles moved that the communication be received and filed. The
motion was seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor ........................................................... 7.
NAYS: None ........................................................... O.
AIRPORT: A communication from Ma. Jeinette L. Burrows, Deputy Clerk,
Roanoke County Board of Supervisors, transmitting copy of Resolution No.
3122 adopted by the Board on April 27, 1982, regarding relocation of the
west fork of Carvin's Creek relative to the Airport Runway 23 Extension, was
before Council.
(For full text, see communication and Resolution on file in the City Clerk's
Office.)
Mrs. Bowles moved that the communication be received and filed. The
motion was seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor ........................................................... 7.
NAYS: None ........................................................... 0.
84
ELECTIONS: A com-~,uication from Hr. Alton B. Prlllaman, Secretary of
the Electoral Board, transmitting the following certified copy of the abstract
of votes cast in the General Election held on ~tay 4, 1982, for the office of
Member, City Council:
A~l'RA CT OF VOr~$ ~t ia t&e~F~O,/O, ty of ~oanoke
FOR tIE}litER, CITY COUNCIL
James O. Trout
Lewis O. Ferguson
Robert A. (Bob) Garland
John C. Kepley
.}lal~pton ~. Theme5
Ann Bickel
'Phyllis Olin
Polly W£1son '
Rosa fEtller
9,023
7,222
2,151
5,684
3,218
4,889
1
1
We. the under*igned Electoral B~rd. upon examination of the official records deposited w~th the Clerk of the Circuit Court of the electiott
HOWard E. Mus~er
James O. Trout
Robert. A. (Bob} Garland
£~theof~o/, l-Iember, City Couact!
Sth
d~yof l~j, 1982.
ACTION:
Mrs. Bowles moved that the communication and abstract of votes be
received and filed. The motion was seconded by Dr. Butler and adopted by
the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor ........................................................... 7.
NAYS: None ........................................................... 0.
COUNCIL: A report of the City Attorney requesting an Executive Session
pursuant to Section 2.1-344(6) of the Code of Virginia, to discuss a matter
of potential litigation, was before Council.
The City Attorney orally requested that the report be withdrawn from
the agenda.
85
REGULAR AGENDA:
ACTION:
ACTION:
ACTION:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
SEWERS AND STORM DRAINS: Mr. Julian D. King, Chairman, Williamson Road
Action Forum Drainage Com~ttee, 4023 Hazelridge Road, N. W., appeared
before Council in regard to a report of Mattern & Craig, Consulting Engineers,
relating to Williamson Road storm drainage, advising that the Williamsou
Road Action Forum would like to go on record as asking the City Council to
accept this report from the consulting firm as a complete package. He
stated that the consultants recom$~ended a storm water run-off ordinance
with the following provisions: "New development, or significant changes in
existing development will be required to provide the means by which the
existing rate of rum-off will not increase after development." On behalf of
the Forum, Mr. King requested that this ordinance be adopted by Council. In
concluding, he stated that Williamson Road residents are looking forward to
seeing the project implemented at the earliest possible time.
(For full text, see statement on file in the City Clerk's Office.)
Mr. Harvey moved that the City Manager be requested to submit a report
to Council updating the bonded indebtedness of the City and the feasibility
of a bond issue to provide funds to correct drainage problems in the William-
sen Road area within the next two or three years. If a bond issue is not
practical, he requested that the City Manager report on other alternatives
for funding. The motion was seconded by Dr. Butler and unanimously adopted.
PETITIONS AND COMMUNICATIONS:
COUNCIL: A comm~nication from Mayor Noel C. Taylor in regard to the
summer schedule for Council meetings, advising that Section 10, Meetings of
Council (generally), of the City Charter provides that Council shall hold at
least two regular meetings each calendar month, and for the past five years
it has been Council's practice to hold Council meetings on the second Monday
at 7:30 p.m., and on the fourth Monday at 2:00 p.m., during the months of
June, July and August, and the Financial and Planning Sessions for these
three momths have heretofore been cancelled, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Garland moved that Council concur in the communication and that the
matter be referred to the City Attorney for pFeparation of the proper measure.
The motion was seconded by Dr. Butler and unanimously adopted.
HALF-WAY HOUSE-REFUSE COLLECTION-AIRPORT: Mr. Robert G. Jones, 632 2nd
Street, S. W., appeared before Council and requested assistance in establish-
ing a half-way house, a refuse burning incinerator producing steam, and an
observatory on the main building at Roanoke Municipal Airport, Woodrum
Field.
Following discussion of Mr. Jones requests, and inview of budgetary
constraints, Mrs. Bowles moved that the requests be received and filed. The
motion was seconded by Mr. Garland and adopted, Mr. Thomas was out of the
Council Chamber.
REPORTS OF OFFICERS:
CITY }L~NAGER:
BRIEFINGS:
PARKING GARAGE: The City Manager submitted a written report recom-
mending approval of a raise in parking fees in the Municipal Parking Garage,
effective July 1, 1982.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
ACTION:
ACTION:
Hr. Harvey moved that Council concur in the recommmndation and that
the report be referred to the City Attorney for preparation of the proper
measure. The motion was seconded by Hr. Garland and unanimously adopted.
ITEMS RECO~/MENDED FOR ACTION:
AIRPORT: The City Manager submitte~ a written report recommending that
he be authorized to execute a contract With Delta Associates, Incorporated,
amending for the second time the contract dated December 2, 1980, providing
for engineering work relative to a project to extend Runway 23 at Roanoke
Municipal Airport, Woodrum Field, said amendatory contract to provide for
Delta Associates additional design and engineering services in conjunction
with Phase II, and construction administration and resident inspection in
connection with Phase I of the project. The fees shall not exceed without
approval of the appropriate authorities of the City $32,100.00 for the
design and engineering services, $58,200.00 for construction administration
and $80,000.00 for resident inspection,, to be paid from funds appropriated
for this purpose.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler offered the following emergency Ordinance:
(#26009) AN ORDINANCE providing for the amendment of the engineering
contract with Delta Associates, Inc., in connection with the project to
extend Runway 23 at Roanoke Municipal Airport, Woodrum Field; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 228.)
Dr. Butler moved the adoption of the Ordinance. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor .......................................................... 7.
NAYS: None .......................................................... O.
EASEMENTS-CENTER-IN-THE-SQUARE: The City Manager submitted a written
report recommending authorization for the Mayor to sign an indenture from
Appalachian Power Company for new electrical service to Center-in-the-
Square, and authorization for the City Manager to grant any necessary
public utility easements for maintenance of existing facilities in the area
formerly encompassed by an alley west of Lot 130, Roanoke Land and Improve-
ment Company, between Campbell Avenue and Kirk Avenue, S. E.
(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:
(#26010) AN ORDINANCE authorizing and directing the proper City
officials to execute and deliver a deed of easement to Appalachian Power
Company for service to the Center In The Square and any necessary instruments
to maintain existing public utility facilities in the vacated alley lying
to the west of Lot 130, Roanoke Land and Improvement Company, between
Campbell and Kirk Avenues, S. E.
(For full text of Ordinance, see Ordinance Book No. 47, page 245.)
The motion was seconded by Dr. Butler and adopted by the following
vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor ........................................................... 7.
NAYS: None ........................................................... O.
87
ACTION:
ACTION:
BUDGET-GRANTS: The City Manager submitted a written report requesting
authorization to submit the 1982-83 Community Development Block Grant
application for the eighth entitlement year, advising that m~nicipal income
for the 1983 fiscal year will be increased by $2,018,000, program activities
undertaken during the first seven entitlement years can be continued, and
compliance with HUD regulations and instructions will be ensured.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas offered the following Resolution:
(#26011) A RESOLUTION authorizing the filing of an application with
the United States Department of Housing and Urban Development (HUD) for a
current grant of Federal funds to permit implementing, continuing and
carrying out a Co~nity Development Block Grant (CDBG) Program.
(For full text of Resolution, see Resolution Book No. 47, page 229.)
Mr. Thomas moved the adoption of the Resolution. The motion was
seconded by Mr. Landis and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor ....................... .................................... 7.
NAYS: None ........................................................... O.
DIRECTOR OF FINANCE:
DIRECTOR OF FIN~nNCE-CITY EMPLOYEES:. The Director of Finance submit-
ted a written report advising that Council adopted Ordinance No. 25991 at
its April 26 meeting, noting that the ordinance inadvertently omitted
adjustments to several departmental salary and wage accounts, and transmit-
ting a revised ordinance to correct the omissions and accomplish the original
intent of budget Ordinance No. 25991.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#26012) AN ORDINANCE to amend and reordain certain sections of the
1981-82 General and Capital Fund Appropriations, and proViding for an
emergency.
(For full text of Ordinance, see Ordihance Book No. 47, page 229.)
Mr. Landis moved the adoption of the Ordinance. The motion was second-
ed by Mr. Garland and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor .................. ~ ........................................ 7.
NAYS: None ........................................................... 0.
REPORTS OF COMMITTEES:
LIBRARIES-CENTURY PROJECT: Council member Landis, Chairman of the
committee appointed by the Mayor to tabulate bids received for the Central
Library Addition, Century Project No..13-01, submitted a written report of
the committee recommending that the low base bid plus alternates 3 - 10 of
Days Construction Company, Inc., for the contract sum of $1,926,400.00 and
540 consecutive calendar days be accepted; and that funding for the project
should be as follows:
8
ACTION:
ACTION:
Main Library (A08180191300)
Undesignated capital fund balance
El~wood Park Co~nittee
Capital Improvement Reserve (A08310172505)
(Post Office Renovation)
Total
230,000.00
276,366.00
26,604.00
1,489,730.00
$2,022,700.00
and funding to be transferred to Main Library Account No. A08180191300 and
designated as follows:
Construction Account
Contingency Account
Total
$1,926,400.00
96~300.00
$2,022,700.00
(For full text, see report on file in the City Clerk's Office.)
The City Manager submitted a written report recommending that the report
of the Bid Committee be approved, and that the reco~ended action be taken
by Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#26013) AN ORDINANCE to amend and reordain certain sections of the
1981-82 General and Capital Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 230.)
Mr. Landis moved the adoption of the Ordinance. The motion was second-
ed by Mrs. Bowles and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor ........................................................... 7.
NAYS: None ........................................................... O.
Mr. Landis offered the followifl~ emergency Ordinance:
(#26014) AN ORDINANCE providing for the implementation of Century
Project 13-01, consisting of certain alterations and improvements and an
addition to the Central Library, upon certain terms and conditions, by
accepting the lowest bid made to the City; authorizing execution of the
requisite contract; 'rejecting certain other bids; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No, 47, page 231.)
Mr. Landis moved the adoption of the Ordinance. The motion was second-
ed by Mrs, Bowles and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor ........................................................... 7.
NAYS: None ........................................................... O.
DOWNTOWN ROANOKE-STREETS AND ALLEYS: Council member Landis, Chairman
of the co~ittee appointed by the Mayor to tabulate bids received for
construction of certain downtown street, lighting and other improvements,
submitted a written report of the committee recommending that Council
accept the low base bid, plus alternate number 2, of New River Electrical
Corporation, for a contract sum of $1,078,867.00, and 270 consecutive
calendar days; that funding for the project should be from the undesignated
capital fund balance, and funding to be transferred to a downtown street
improvement and lighting account, to be established by the Director of
Finance, and designated as follows:
89
ACTION:
ACTION:
ACTION:
Construction Account
Contingency Account
Total
1,078,867.00
54~000.00
1,132,867.00.
(For full text, see report on file in the City Clerk's Office.)
The City Manager submitted a written report setting forth detailed
information with regard to items included in the downtown street improvements
and lighting.
(For full text, see report on file in the City Clerk's Office.)
Mr. Landis offered the following emergency Ordinance:
(#26015) AN ORDINANCE to amend and reordain certain sections of the
1981-82 Capital Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 231.)
Mr. Landis moved the adoption of the Ordinance. The motion was second-
ed by Mr. Harvey and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor ............................................................ 7.
NAYS: None .......................... a ................................. O.
Mr. Landis offered the following emergency Ordinance:
(#26016) AN ORDINANCE accepting the bid of New River Electrical
Corporation for construction of certain downtown street, lighting and other
improvements, upon certain terms and conditions; authorizing execution of
the requisite contract; rejecting certain other bids; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 232.)
Mr. Landis moved the adoption of the Ordinance. The motion was second-
ed by Mrs. Bowles and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor ........................................... ~ ................ 7.
NAYS: None ............................................................ 0.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
EASEMENTS-APPALACHIAN POWER COMPANY/: Ordinance No. 25997 authorizing
the proper City officials to execute and deliver a deed of easement to the
Appalachian Power Company to provide improved electrical and lighting
service to the City Nursing Home and electrical service tQ adjoining property,
having previously bean before the Council for its first reading on Monday,
May 3, 1982, read and adopted on its first reading and laid over, was again
before the body, Mr. Thomas offering the following for its second reading
and final adoption:
(#25997) AN ORDINANCE authorizing and directing the proper City
officials to execute and deliver a deed of easement to the Appalachian
Power Company.
(For full text of Ordinance, see Ordinance Book No. 47, page 228.)
90
ACTION:
ACTION:
ACTION:
ACTION:
Mr. Thomas moved the adoption of the Ordinance. The motion was second-
ed by Dr. Butler and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor ......................................................... 7.
NAYS: None .......................................................... 0.
AIRPORT: Ordinance No. 25999 providing for the lease to the United
States of America of certain real property at Roanoke Municipal Airport,
Woodrum Field, for an instrument landing system facility, having previously
been before the Council for its first reading on Monday, May 3, 1982, 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:
(#25999) AN ORDINANCE providing for the lease to the United States of
America of certain real property at Roanoke Municipal Airport, Woodrum
Field, for an instrument landing system facility.
(For full text of Ordinance, see Ordinance Book No. 47, page 228.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Landis, Thomas, Bowles
and Mayor Taylor .......................................................... 7.
NAYS: None .......................................................... O.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: NONE.
SCHOOLS: Pursuant to Ordinance No. 24409 setting forth the selection
procedure for School Board Trustees, the Mayor advised that the three year
terms of Messrs. James A. Allison, Jr.,.George E. May and Lewis M. Nelson,
Jr.~ as members of the Roanoke City School Board will expire on June 30,
1982, and called for nominations to fill the three upcoming vacancies.
Mrs. Bowles placed in nomination the name of Mr. Henry C. Emerson.
Mr. Harvey placed in nomination the name of Mr. George E. May.
Dr. Butler placed in nomination the name of Mr. Lewis M. Nelson, Jr.
Mr. Garland placed in nomination the name of Dr. James A. Allison, Jr.
There being no further nominations, Messrs. James A. Allison, Jr.,
George E. May and Lewis M. Nelson, Jr., were elected as Trustees of the
Roanoke City School Board for terms of three years each commencing July 1,
1982 and ending June 30, 1985, by the following vote:
FORM l{. ALLISON: Council members Butler, Garland, Harvey, Landis
Thomas, Bowles and Mayor Taylor ........................................... 7.
FOR MR. MAY: Council members Butler, Garland, Harvey, Landis, Thomas,
Bowles and Mayor Taylor ................................................... 7.
FORMR. NELSON: Council members Butler, Garland, Harvey, Landis
Thomas and Mayor Taylor ................................................... 6.
FORMR. EMERSON: Council member Bowles .............................. 1.
OTHER HEARINGS OF CITIZENS:
OPPORTUNITIES INDUSTRIALIZATION CENTER: The Reverend Carl T. Tinsley,
President of the Roanoke Chapter of the National Association for Advancement
of Colored People, appeared before Council and advised that the City has a
tremendous need for a job training program such as the one that was offered
by OIC, and stated that he would like for OIC to again become a viable
training unit within the cov~,unity.~
91
ACTION:
ACT ION:
Hr. Tinsley advised that the City of Roanoke is only one member of the
Fifth District Employment and Training Consortium and requested that the
City consider withdrawing from the Consortium and becoming its own prime
sponsor, which would enable the City to serve its clientele in a better way
and have control over the funds and howthey are expended.
The Reverend Leroy C. Roberts, 3625 Rolling Hill Avenue, N. W., appeared
before Council in support of the request of Reverend Tinsley. If it is
deemed necessary to remain a part of the Consortium, he requested that
Council consider appointing a member of Council to the Consortium Policy
Board, rather than allowing City administrators to assume the responsibility.
Mr. George E. Franklin, 1715 Loudon Avenue, S. W., appeared before
Council in regard to an article that recently appeared in the newspaper to
the effect that the Consortium found approximately $4,000 in a bank account
of OIC. Mr. Franklin advised that most of the $4,000 belongs to the City
for utility bills. He stated that the reason the City has not been paid is
because the books were taken by the FBI, and OIC has no paid staff to close
out the books. He said he would like for the City to protect its interest
and make sure that the money remains in the bank account until the books
can be closed out and the invoices addressed.
VIDEO GAME ROOMS: The Mayor advised that he has received reports that
a video game room will be opening on the corner of Guilford Avenue and
Grandin Road, S. W., near Woodrow Wilson Junior High School, Raleigh Court
Elementary School and Patrick Henry High School, and requested that the
City Manager investigate and report to Council on the feasibility of such
an operation locating in a residential community in close proximity to
three schools.
At 9:20 p.m., the Mayor declared the meeting recessed.
At 9:55 p.m., the meeting reconvened in the Council Chamber with Mayor
Taylor presiding, and all members of Council present.
FLOODS: The Mayor advised that there is a vacancy on the Flood Plain
Committee created by the resignation of Mr. Michael R. Kraus ending June
30, 1982, and called for nominations to fill the vacancy.
Mr. Garland placed in nomination the name of Hr. Jim Sailors.
There being no further nominations, Mr. Sailors was elected as a
member of the Flood Plain Committee to fill the unexpired term of Mr.
Michael R. tiraus, resigned, ending June 30, 1982, by the following vote:
FOR MR, SAILORS: Council members Butler, Garland, Harvey, Landis,
Thomas, Bowles and Mayor Taylor ........................................ 7.
Inasmuch as Hr. Sailors is not a resident of the City of Roanoke, Mr.
Garland moved that the City residency requirement be waived in this instance.
The motion was seconded by Dr. Butler and unanimously adopted.
There being no further business, the Mayor declared the meeting adjourned
at 10:00 p.m.
APPROVED
ATTEST: ~ ~~ ~
City Clerk
Mayor
SPECIAL SESSION ..... ROANOKE CITY COUNCIL
May 14, 1982
2:00 p.m.
ACTION:
ACTION:
The Council of the City of Roanoke met in special session in the Council
Chamber, fourth floor of the Municipal Building, City of Roanoke, on Monday, May
14, 1982, at 2:00 p.m., with Mayor Noel C. Taylor presiding.
PRESENT: Council members Elizabeth T. Bowles, Wendell H. Butler, Robert A.
Garland, James G. Harvey, II, Howard E. Musser, James O. Trout and Mayor Noel C.
Taylor ........................................................................ 7.
ABSENT: None ............................................................ 0.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. W. Robert Herbert,
Assistant City Manager; Mr. Joel M. Schlanger, Director of Finance; Mr. William
M. Hackworth, Assistant City Attorney; and Mrs. Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Mayor Noel C. Taylor.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Taylor.
The Mayor advised that the purpose of the special meeting of Council is to
hold public hearings on the real estate tax rate for fiscal year 1983 and local
tax levy; consideration of a local tax on meals on prepared food purchased within
the City at a rate up to four per cent; and consideration of an increase in the
tax upon cigarettes sold within the City up to five cents per pack. He stated
that it is the intent of Council to adopt the fiscal year 1982-83 budget.
Mayor Taylor then opened the floor for citizen input in regard to the above-
mentioned public hearings or adoption of the fiscal year 1982-83 budget.
TAXES: Mr. J. H. Johnson, 1103 Overland Road, S. W., appeared before
Council and suggested that Council appoint a co~ittee to make a thorough
study of the method now being used to assess real estate to insure that all
real estate is taxed on an equitable basis.
Mr. Trout moved that Mr. Johnson meet with the Director of Real
Estate Valuation to discuss his concerns. The motion was seconded by Mr.
Garland and unanimously adopted.
TAXES: Mr. Trout moved that Council not enact a local tax on
meals on prepared food purchased within the City of Roanoke, and that Council
not enact an additional tax on cigarettes purchased in the City of Roanoke.
The motion was seconded by Mrs. Bowles and unanimously adopted.
Mr. E. C. Warren, II, representing the Virginia Restaurant Association,
Local Restaurants and customers, appeared before Council and advised that
Council made a wise decision in not pressing for additional taxes from meals
or other sources, noting that this is in the best interest of the City and
its citizens and will continue a good business climate for all. He said the
restaurant industry stands ready to help the City further good business
conditions for Roanoke.
(See statement on file in the City Clerk's Office.)
Mr. Richard W. Crush, 2530 Berkley Avenue, S. W., appeared before Council
and advised that free trash collection is one of the few incentives for
living in the City of Roanoke and it is more important to him to have free
trash collection than to have a reduction in his real estate taxes.
The Assistant City Attorney submitted a written report of the City Attorney
advising that Council has on its agenda a Resolution which makes the required
findings with respect to the real estate tax rate and establishes the intent
SPECIAL SESSION ..... ROANOKE CITY COUNCIL
May 7, 1982
2:00 p.m.
The Council of the City of Roanoke met in special session in the
Council Chamber in the Municipal Building, City of Roanoke, on Friday,
May 7, 1982, at 2:00 p.m., with Mayor Noel C. Taylor presiding.
PRESENT: Council members Elizabeth T. Bowles, Wendell H. Butler,
Robert A. Garland, James G. Harvey, II, Charles L. Landis, Hampton W. Thomas
and Mayor Noel C. Taylor .................................................. 7.
ABSENT: None ................................................... O.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. W. Robert Her-
bert, Assistant City Manager; Hr. Wilburn C. Dibling, Jr., City Attorney; Mr.
Joel M. Schlanger, Director of Finance; and Mrs. Mary F. Parker, City Clerk.
The invocation was delivered by Mayor Noel C. Taylor.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
The Mayor advised that the purpose of the special meeting was to hold a
public hearing on the 1982-83 City Budget, including the use of Federal Revenue
Sharing funds. He stated that complete copies of the recommended budget have
been available for public inspection at the City Clerk's Office, City Manager's
Office and the main Public Library. He said that all persons would be afforded
an opportunity to speak and ask questions concerning all aspects of the budget
and that a table had been set up outside the Council Chamber for registration of
persons who would like to speak or ask questions.
Mr. E. C. Warren representing the Virginia Restaurant Association,
local restaurants and food service facilities, appeared before Council in regard
to the prepared food tax, advising that the tax is discriminatory to consumers
who eat out; that it poses a burden on senior citizens, single parents and families
who dine out for balanced meals and necessity; it is unfair to restaurants who
already pay real estate taxes, personal property taxes, electric, water, business
license taxes and generate sales tax; it would chase business to surrounding
areas as has been proven in the past; it will cause the closing of restaurants
which in turn will reduce revenue to the City; and it has not been researched as
to collection costs, enforcement, and the effect on revenue over cost.
(See statement on file in the City Clerk's Office.)
Mr. Warren referred to a petition signed by 17,900 persons in opposition
to a prepared food tax.
(Petitions were not filed with the City Clerk.)
Mr. Harold Griffin, 3710 Southway Drive, S. W., appeared before Council
in regard to the prepared food tax, advising that he is a senior citizen and eats out
regularly out of necessity. He said that he is a social security recipient and
will receive a seven per cent increase this year and Council is considering
taking away five per cent of that increase through the prepared food tax.
Mr. Herman S. Turk, Jr., appeared before Council on behalf of the
Virginia Restaurant Association and the Virginia Hotel/Motel Association, and
expressed concern regarding the prepared food tax.
(See statement on file in the City Clerk's Office.)
Ms. Rosa Lee R/chards, 1102 Norfolk Avenue, $. W., appeared before
Council in regard to the prepared food tax, advising that she is totally against
the tax because everyday she sees people struggling to make ends meet since they
have only a certain amount of money to spend. She said this is not the time to
enact a prepared food tax and urged that Council not impose such a tax at this
time.
Ms. Debra Joy Darnell, 1254 Wasena Avenue, S. W., representing the
Airport Sheraton Inn, appeared before Council in opposition to the prepared food
tax. She said that the tax will send business to the County and said there
should be another way in which the City could generate additional revenue.
The Mayor inquired if there other persons present who would like to
speak regarding the proposed 1982-83 fiscal year budget on the proposed use of
Federal Revenue Sharing funds and no other citizen wishing to address the matter,
the Mayor called upon the City Manager for remarks in regard to the budget process.
The City Manager advised that he would like to make a three-point
presentation: (1) proposed expenditures, (2) proposed capital fund and (3)
a report from the Director of Finance reviewing the revenue estimates and updated
comments on the existing situation.
The Assistant City Manager reviewed the major components of the general
~nd and the enterprise funds and the supplemental budget.
(Se~ Resource Allocation Plan Budget Guidelines contained in the 1982-83
Resource Allocation Plan on file in the City Clerk's Office.)
The City Manager advised that the City of Roanoke owns $906,000,000
worth of property and we are not taking care of what we own in the way that we
should, and called upon the Director of Public Works to make a presentation
in regard to maintenance needs of the City.
The Director of Public Works advised that Council and the Administration
is becoming more aware of the large investment the citizens have in the physical
facilities of Roanoke City. He said each type of facility has a useful life and
referred to Exhibit 14 of the budget message estimating replacement values of
City facilities and equipment. He noted that the City Manager's supplemental
budget proposal presents an idea for the establishment of a capital fund for the
maintenance and enhancement of the City's existing facilities, and presented a
list of the presently known needs that would be appropriate for this program which
would enhance the usefulness of existing facilities or projects that would replace
an existing facility.
(See list on file in the City Clerk's Office.)
Following a period of discussion by the members of Council and the
Administration regarding capital needs and maintenance, at 3:30 p.m., the Mayor
declared the meeting recessed.
At 3:50 p.m., the meeting reconvened in the Council Chamber, with Mayor
Taylor presiding, and all members of the Council present.
The Director of Finance presented an oral briefing in regard to revenues,
advising that the proposed fiscal year 1983 general fund revenues are estimated
to be approximately $92,000,000 which is an increase of 3.21 per cent over the
original adopted fiscal 1982 budget and is only an increase of 1.2 per cent over
the fiscal year 1982 revised estimates as of the March 31, 1982 financial statement.
He said general revenue has grown moderately, noting that the 1980's have been faced
with soaring prices, recessionary economy, dwindling federal aid and widespread
taxpayer demands for lower taxes. Public administrators nationwide are experiencing
conditions that are unique which taken into combination make the management of
government more difficult today than at any other time during the last half
century. Rising prices are eating into the public purchasing power at a rate
exceeding the impact of inflation on the revenue base. Almost every year important
ACTION:
stremmR of taxes, grants and service revenues are faltering or drying up, and capital
is harder to come by.
Mr. Schlanger said the City is faced with uncertainty at the federal
level and federal dollars are drying up. Other social programm, both public and
private, are faced with the same loss. Other local taxes, such as sales tax,
utility tax, personal property tax, business and occupational license fees,
which are directly related to inflation and a healthy economy, have completely
flattened with this fiscal year. He said our current general fund revenues are
comprised of fifty per cent local revenues and fifty per cent federal revenues
and state revenues. Our local taxes have remained relatively flat. He advised
that the real estate tax has gone up in value because of new construction and the
reassessment of commercial and residential property and we look to this in our
revenue estimate to provide $1.5 million of new tax revenue. This year, one
cent on the tax rate equals $147,565.00. Small raises are anticipated in the per-
sonal property tax.
Now that the City has in hand ten months of actual collection for sales
tax for this year, the Director of Finance recommended that the revenue estimate
for sales tax in the proposed fiscal year 1982-83 budget be cut by $200,000.00 and
that will still be projecting a four per cent growth in the sales tax when so far
the ten months of this fiscal year has experienced less than a one per cent
growth over last year.
In reference to the utility tax and consumers tax, Mr. Schlanger recommend-
ed an additional cut of $100,000.00 due to the rate decrease, but also due to
less consumption. With reference to the business and occupational license taxes,
there are scheduled cuts through 1986.
Mr. Schlanger noted that the biggest problem in the budget is with the
date of collection for the personal property tax and the uncertainty that the
Finance Department and the City Manager is faced with, advising that the collection
date of May 31 for personal property provides the administration with no insight
and it is approximately June 10 before the City knows where it is going to be
on personal property, and he will continue to study ways to get a better grasp
on the tax. He said May 31 is also the collection day for the second installment
of the business and occupational license taxes and decals, and it is difficult to
know where we are there also. He said the other major categories, permits,
fees and licenses, show a slight increase of $27,000.00.
.On the positive side, the Director of Finance said the legislature gave
the City an approximate ten per cent increase in street maintenance funds that
are not built into the 1982-83 budget which will give us approximately $287,000.00;
and approximately $159,000.00 over and above what is budgeted in the 1982-83
budget in annexation money for law enforcement, noting that this figure is subject
to change and the City will know the exact amount by mid August.
Mr. Schlauger said he could not over-emphasize the need to strengthen
the economic base of the City in order to preserve the $900 million fixed assets
and to maintain a level of flexibility in the City's budget to allow Council to
chart a course of direction for the City of Roanoke.
The Mayor advised that the Council is scheduled to commence 1982-83 budget
study sessions on Saturday, May 8, 1982, at 9:00 a.m., and he would like to call
a special meeting of Council on Saturday, May 8, 1982, at 8:45 a.m., for the
purpose of discussing a personnel matter.
Mr. Thomas moved that Council hold a special meeting on Saturday, May
$, 1982, at 8:45 a.m., in the Council Chamber, for the purpose of discussing a
personnel matter. The motion was seconded by Dr. Butler and adopted by the
following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Thomas and
Mayor Taylor ...................................................................... 6.
NAYS: None ............................................................. 0.
(Council member Landis was out of the Council Chamber.)
At 4:25 p.m., the Hayor declared the special meeting adjourned.
APPROVED
ATTEST: ~~
City Clerk
Mayor
SPECIAL SESSION ..... ROANOKE CITY COUNCIL
May 8, 1982
8:45 a.m.
The Council of the City of Roanoke met in special session in the Council
Chamber in the Municipal Building, City of Roanoke, on Saturday, May 8, 1982, at
8:45 a.m., with Mayor Noel C. Taylor presiding.
PRESENT: Council members Elizabeth T. Bowles, Wendell H. Butler,
Robert A. Garland, James G. Harvey, II, Charles L. Landis, Hampton W. Thomas and
Mayor Noel C. Taylor ............................................................. 7.
ABSENT: None .......................................................... O.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. W. Robert Herbert,
Assistant City Manager; Mr. Wilburn C. Dibling, Jr., City Attorney; Mr. Joel M.
Schlanger, Director of Finance; and Mrs. Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Mayor Noel C. Taylor.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
The City Clerk read the following commmnication calling the special
meeting of Council:
"May 7, 1982
Honorable Members of
Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
Pursuant to Section 10 of the Roanoke City Charter, please
be advised that I am calling a special meeting of the
Council of the City of Roanoke on Saturday, May 8, 1982, at
8:45 a.m., in the Council Chamber, fourth floor of the Muni-
cipal Building.
The purpose of the meeting is to consider a personnel matter.
Sincerely,
S/ Noel C. Taylor
Noel C. Taylor
Mayor
NCT:js
Mr. H. Bern Ewert, City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Joel M. Schlanger, Director of Finance
Mrs. Mary F. Parker, City Clerk"
ACTION: Dr. Butler moved that Council meet in Executive Session to discuss a
personnel matter. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Landis, Thomas,
and Mayor Taylor ................................................................. 7.
NAYS: None ............................................................ 0.
ACTION:
ACTION:
At 9:00 a.m., the Mayor declared the meeting recessed.
At 10:05 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all members of the Council present.
The Mayor requested that the following co~unication be entered into
the record:
"MAYOR AND MEMBERS OF COUNCIL
May 10, 1982
On Tuesday, May 4, 1982, the voters of the City of Roanoke
elected two new members to Roanoke City Council. One of the
newly elected members will serve as Vice Mayor for two years.
The major issues in the campaign revolved around the cur-
rent spending and taxing policies of the City. The Council
is in the process of considering a budget for the fiscal year
1982-83 in the approximate amount of $93.5 million dollars.
As incumbents who have the responsibility to adopt this budget,
we find it difficult to reconcile our budgetary views with
those expressed by the voters in the recent election. Any bud-
get formulated by the incumbents would be subject to continued
attacks and create dissension throughout the fiscal year. In
view of this incongruity, it is the personal decisions of the
undersigned to resign from Roanoke City Council as of midnight,
May 10, 1982. We emphasize this decision is made in a positive
manner with the intention of giving the new Council members
every opportunity to formulate a budget in keeping with the
wishes of a majority of the voters.
As we leave Roanoke City Council, we assure our citizens
that the City is in good hands both financially and administra-
tively in this our Centennial year. We wish to thank the citi-
zens for the opportunity to serve. We wish the City Godspeed
as it embarks upon the next one hundred years.
Very truly yours,
S/ Hampton W. Thomas
Hampton W. Thomas
S/Charles L. Landis
Charles L. Landis"
Mrs. Bowles moved that Council accept the resignations of Council
members Hampton W. Thomas and Charles L. Landis, effective as of midnight,
May 10, 1982, with regret. The motion was seconded by Mr. Garland and unanimously
adopted.
Mayor Taylor then opened the floor for nominations to fill the vacancies
created by the resignations of Council members Thomas and Landis for terms ending
June 30, 1982, respectively.
Dr. Butler placed in nomination the names of Mr. Howard E. Musser and
Mr. James O. Trout.
There being no further nominations, Messrs. Musser and Trout were elected
as members of the Roanoke City Council to fill the unexpired term of Messrs. Charles
L. Landis and Hampton W. Thomas, resigned, ending June 30, 1982, respectively by the
following vote:
FOR MR. MUSSER AND MR. TROUT: Council members Bowles, Butler, Garland,
Harvey, and Mayor Taylor .......................................................... 5.
(Council members Landis and Thomas abstained from voting.)
The Mayor advised that Dr. Butler will continue to serve as Vice Mayor
until June 30, 1982.
The Hayor further advised that Council had originally planned to hold
budget study sessions on that date (Saturday, Hay 8, 1982)I however, in order to
give the new members of Council sufficient time to review and study the budget,
he requested that Council convene in budget study session on Monday, Hay 10,
1982, at 2:00 p.m.
There being no further business, the Hayor declared the special meeting
adjourned at 10:20 p.m.
APPROVED
ATTEST:
City Clerk
Mayor
ACTION:
ACTION:
ACTION:
ACTION:
of Council to set a tax rate of $1.35 on every $100.00 of fair market value
of real property and the Resolution should be adopted at the same time Council
adopts the budget. He said a second Ordinance codifying the new tax rate in
the City Code will also need to be adopted and this Ordinance should be read
twice at two regular meetings of Council; therefore, he will present this
Ordinance at the Council meetings of May 24, 1982 and June 14, 1982.
(For full text, see report on file in the City Clerk's Office.)
No other person wishing to address Council, Mr. Trout offered the following
Resolution:
(#26017) A RESOLUTION setting forth the findings of this Council with
respect to the public hearing required concerning the real property tax levy
and rate by Section 58-785.1, Code of Virginia, (1950), as amended.
(For full text of Resolution, see Resolution Book No. 47, page 232).
Mr. Trout moved the adoption of the Resolution. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Musser, Trout, Bowles and
Mayor Taylor ................................................................. 7.
NAYS: None ............................................................. 0.
DIRECTOR OF FINANCE:
BUDGET: The Director of Finance submitted a certificate advising that
funds required for the 1982-83 General Fund, Water Fund, Sewage Treatment
Fund, Municipal Airport Fund, and Roanoke Civic Center Fund budgets will be
available for appropriation.
(For full text, see certificate on file in the City Clerk's Office.)
Mr. Garland moved that the certificate be received and filed. The
motion was seconded by Dr. Butler and unanimously adopted.
BUDGET: Mr. Harvey offered the following emergency Ordinance adopting
the annual General Fund Appropriation of the City of Roanoke, in the amount
of $91,995,112.00, for the fiscal year beginning July 1, 1982, and ending
June 30, 1983:
(#26018) AN ORDINANCE adopting the annual General Fund Appropriation of
the City of Roanoke for the fiscal year beginning July 1, 1982, and ending
June 30, 1983; and declaring the existence of an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 233.)
Mr. Harvey moved the adoption of the Ordinance. The motion was seconded
by Mr. Trout and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Musser, Trout, Bowles and
Mayor Taylor ................................................................. 7.
NAYS: None ............................................................. 0.
BUDGET-WATER DEPARTMENT: Mr. Trout offered the following emergency
Ordinance adopting the annual Water Fund Appropriation of the City of Roanoke,
in the amount of $4,300,794.00, for the fiscal year beginning July 1, 1982,
and ending June 30, 1983:
(#26019) AN ORDINANCE adopting the annual Water Fund Appropriation of
the City of Roanoke for the fiscal year beginning July 1, 1982, and ending
June 30, 1983; and declaring the existence of an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 235).
ACTION:
ACTION:
ACTION:
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mr. Musser and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Musser, Trout, Bowles
and Mayor Taylor ...........................................................
NAYS: None ........................................................... O.
BUDGET-SEWERS AND STORM DRAINS: Mr. Trout offered the following emergency
Ordinance adopting the annual Sewage Treatment Fund Appropriation of the City
of Roanoke, in the amount of $6,061,953.00, for the fiscal year beginning
July 1, 1982, and ending June 30, 1983:
(#26020) AN ORDINANCE adopting the annual Sewage Treatment Fund Appropriation
of the City of Roanoke for the fiscal year beginning July 1, 1982, and ending
June 30, 1983; and declarin§ the existence of an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 236).
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Musser, Trout, Bowles
and Mayor Taylor ........................................................... 7.
NAYS: None ........................................................... 0.
BUDGET-AIRPORT: Mr. Trout offered the following eme~ggnc~ O~dinance
adopting the annual Airport Fund Appropriation of the City of Roanoke, in the
amount of $2,027,939.00, for the fiscal year beginning July 1, 1982, and
ending June 30, 1983:
(#26021) AN ORDINANCE adopting the annual Airport Fund Appropriation of
the City of Roanoke for the fiscal year beginning July 1, 1982, and ending
June 30, 1983; and declaring the existence of an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 236).
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Musser, Trout, Bowles
and Mayor Taylor ........................................................... 7.
NAYS: None ........................................................... 0.
BUDGET-CIVIC CENTER: Mr. Trout offered the following emergency Ordinance
adopting the annual Civic Center Fund Appropriation of the City of Roanoke,
in the amount of $1,589,715.00, for the fiscal year beginning July 1, 1982,
and ending June 30, 1983:
(#26022) AN ORDINANCE adopting the annual Civic Center Fund Appropria-
tion of the City of Roanoke for the fiscal year beginning July 1, 1982, and
ending June 30, 1983; and declaring the existence of an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 237).
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Dr. Butler and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Musser, Trout, Bowles
and Mayor Taylor ........................................................... 7.
NAYS: None .............................. ~ ............................ 0.
95
ACTION:
A~EST:
PAY PLAN-CITY EMPLOYEES: Mr. Garland moved that the following Ordinance
adopting a new Pay Plan for the employees of the City, effective July 1,
1982, be placed upon its first reading:
(#26023) AN ORDINANCE to adopt and provide a new Pay Plan for the
employees of the City of Roanoke effective July 1, 1982; amending and
modifying Ordinance No. 25579 to the extent herein provided.
(For full text of Ordinance, see Ordinance Book No. 47, page 245.)
The motion was seconded by Dr. Butler and adopted by the following
Vote:
AYES: Council members Butler, Garland, Harvey, Musser, Trout, Bowles
and Mayor Taylor ............................................................. 7.
NAYS: None ............................................................. O.
There being no further business, the Mayor declared the special meeting
adjourned at 3:05 p.m.
City Clerk
APPROVED
Mayor
6
REGULARWEEKLY SESSION ..... ROAHOKE ClT~ COIBICIL
May 24, 1982
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the Council
Chamber in the Municipal Building, City of Roanoke, on Monday, May 24, 1982, at
2:00 p.m., the regular meeting hour, with Mayor Noel C. Taylor presiding,
PRESENT: Council members Robert A. Garland, James G. Harvey, II, Howard
E. Musser, James O. Trout, Elizabeth T. Bowles, Wendell H. Butler and Mayor Noel
C. Taylor ....................................................................... 7.
ABSENT: None ......................................................... O.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. Wilburn C. Dibling,
Jr., City Attorney; Mr. Jessee A. Hall, Deputy Director of Finance; and Mrs. Mary
F. Parker, City Clerk.
The invocation was delivered by the Reverend Arthur Grant, Pastor, Grace
United Methodist Church.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Taylor.
ACTION:
ACTS OF ACKNOWLEDGEMENT-COUNCIL: Mrs. Bowles offered the following
Resolution recognizing the meritorious service of Mr. Charles L. Landis
as a former member of City Council:
(#26024) A RESOLUTION recognizing the meritorious service of The
Honorable Charles L. Landis, former member of City Council.
(For full text of Resolution, see Resolution Book No. 47, page 246.)
Mrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles,
Butler and Mayor Taylor ............................................... 7.
NAYS: None ..................................................... O.
ACTION:
Mr. Trout offered the following Resolution recognizing the meritor-
ious service of The Honorable Hampton W. Thomas, former member of City
Council:
(#26025) A RESOLUTION recognizing the meritorious service of The
Honorable Hampton W. Thomas, former member of City Council.
(For full text of Resolution, see Resolution Book No. 47, page 247.)
Mr. Trout moved the adoption of the Resolution. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles,
Butler and Mayor Taylor .............................................. 7.
NAYS: None ..................................................... O.
Mr. Garland presented Mr. Landis and Mr. Thomas with a framed copy
of the Resolutions.
Dr. Butler presented Mr. Landis and Mr. Thomas with framed Certifi-
cates of Appreciation for their tenure on Council.
97
ACTION:
ACTION:
Hr. Harvey presented Mr. Landis and Mr. Thomas with sterling silver
trays in appreciation of their service on Council.
Hrs. Bowles presented Mr. Landis and Mr. Thomas with City of Roanoke
tie tacks, and presented Mrs. Landis and Hrs. Thomas with City of Roanoke
stick pins.
Mayor Taylor presented Mr. Landis and Mr. Thomas with a Key to the
City.
BID OPENINGS:
AIRPORT: Pursuant to notice of advertisement for bids for an
Airport - Williamson Road area emergency rescue services facility, said
proposals to be received by the City Clerk until 2:00 p.m., on Monday,
May 24, 1982, and to be opened and read before the Council at that honr,
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 representa-
tive present raising any question, the Mayor instructed the City Clerk
to proceed with the opening of the bids.
The City Clerk opened and read a communication from Mr. Robert L.
Turner, Crew Captain, Williamson Road Life Saving and First Aid Crew,
Incorporated, advising that in the further progression of their plans
for this project, they find that it will be impossible for them to
comply with Article 1 of Instructions to Bidders dated April 26 covering
Facilities and Operations wherein completion of the total structure is
limited to a total period of thirty months. Mr. Turner advised that
while there are several other items that require clarification before
their acceptance of all conditions outlined, a further investigation
into the financial climate in the community, coupled with high interest
rates and the generally depressed economy, have.forced them to re-
evaluate their plans and financial outlook, noting that that was completed
and analysis presented to their membership at a special meeting on
Monday, May 10, at which time it was unanimously agreed that they should
request the City of Roanoke to suspend all action on their request and
grant them a twelve-month extension to permit time to secure additional
funds and finalization of plans on a more sound and timely basis.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Williamson
Road Life Saving and First Aid Crew. The motion was seconded by Mrs.
Bowles and unanimously adopted.
SEWERS AND STORM DRAINS: Pursuant to notice of advertisement for
bids for storm drain, curb and gutter on Cornell Drive, Yancouver Drive
and Rutgers Street, N. W., said proposals to be received by the City
Clerk until 1:30 p.m., on Monday, May 24, 1982, and to be held, opened
and read before the Council at 2:00 p.m., on that date, or as soon there-
after as the matter may be heard, the 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:
S. R. Draper Paving Company
Virginia Asphalt Paving Co., Inc.
H & S Construction Company
L. H. Sawyer Paving Co., Inc.
S. C. Rossi and Co., Inc.
41,831.55
44,626.00
45,782.50
45,985.00
56,397.50
Dr, Butler moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Harvey and unanimously adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman, Thomas F.
Brady and Richard B. Burrow as members of the committee.
98
ACTION:
ACTION:
ACTION:
ACTION:
AIRPORT: Pursuant to notice of advertisement for bids for new
wiring, conduit, fixture base and steel housing for medium intensity
taxiway lights for Taxiways 15 and 5, at Roanoke Municipal Airport,
Woodrum Field, said proposals to be received by the City Clerk until
1:30 p.m., on Monday, May 24, 1982, 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:
Ocean Electric Corp.
Fischer Electrical Construction, Inc. -
Mason H. Littreal Electrical Contrac-
tors, Inc. -
Varney Electric Co., Inc. -
Davis N. Elliot Co., Inc. -
$ 24,400.00
27,173.00
32,350.00
32,900.00
33,949.00
Dr. Butler moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and reco~mnendation to
Council. The motion was seconded by Mr. Harvey and unanimously adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman, Kit B.
Kiser and Robert C. Poole as members of the cou~ittee.
CONSENT AGENDA:
TheMayor advised that all matters listed on the Consent Agenda are
considered to be routine by the City Council and will be enacted by one
motion in the forms listed on the agenda, and if discussion is desired,
that item will be removed from the Consent Agenda and considered separate-
ly. He advised that Mr. Harvey had orally requested an Executive Session
to discuss a matter of potential litigation; and he would like to request
an Executive Session to discuss personnel matters dealing with vacancies
on various authorities, boards, committees and commissions appointed by
Council.
MINUTES: Minutes of the regular meetings of Council held on Monday,
April 26, 1982; Monday, May 3, 1982; and Monday, May 10, 1982, 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 Garland, Harvey, Musser, Trout, Bowles,
Butler and Mayor Taylor ............................................... 7.
NAYS: None ..................................................... O.
PERSONNEL: A communication from Mr. Joseph C. Crutchfield tendering
his resignation as a member of the Personnel and Employment Practices
Commission, effective May 31, 1982, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mrs. Bowles moved that Council accept the resignation with regret
and that the communication be received and filed. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles,
Butler and Mayor Taylor ............................................... 7.
NAYS: None ...................................................... O.
99
ACTION:
ACTION:
ACTION:
ACTION:
COUNCIL: The qualification of Hr. Howard E. Husser as a member of
the Roanoke City Council to fill the unexpired term of Hr. Charles L.
Landis, resigned, ending June 30, 1982, was before Council.
(See Oath 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 Garland, Harvey, Musser, Trout, Bowles,
Butler and Mayor Taylor ................................................ 7.
NAYS: None ....................................................... 0.
COUNCIL: The qualification of Mr. James O. Trout as a member of
the Roanoke City .Council to fill the unexpired term of Mr. Hampton W.
Thomas, resigned, ending June 30, 1982, was before Council.
(See Oath 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 followimg
vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles,
Butler and Mayor Taylor ................................................. 7.
NAYS: None ........................................................ O.
COUNCIL: The Mayor orally requested an Executive Session, pursuant to
Section 2.1-344(1) of the Code of Virginia (1950) as amended to discuss
personnel matters with regard to vacancies on various authorities,
boards, committees and commissions appointed by Council.
Mrs. Bowles moved that Council concur in the request. The motion
was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles,
Butler and Mayor Taylor ................................................. 7.
NAYS: None ........................................................ O.
COUNCIL: Council member Harvey orally requested an Executive
Session, pursuant to Section 2.1-344(1) of the Code of Virginia (1950) as
amended to discuss a matter of potential litigation.
Mrs. Bowles moved that Council concur in the request. The motion
was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles,
Butler and Mayor Taylor ................................................. 7.
NAYS: None ........................................................ O.
At 2:40 p.m., the Mayor declared the meeting recessed.
At 3:10 p.m., the meeting reconvened in the Council Chamber with all
members of Council present, Mayor Taylor presiding.
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
lnO
ACTION:
ACTION:
ACTION:
INTEGRATION-SEGREGATION-OIC: The Reverend Carl T. Tinsley, President,
Roanoke Branch of the N.A.A.C.P., appeared before Council and read a
prepared statement in regard to the national mandate of the N.A.A.C.P.
and the efforts of the local branch tO improve the economic status of
black people in the City of Roanoke, requesting that Council take advantage
of the freedom to be objective and review the City's conditions, policies
and proposals; review the City's participation in CETA, i.e., the Consortium
concept and determine the best policy for the City; and cause the suspension
of all court action which is or has prevented the Roanoke OIC from
reopening as advanced by the Consortium which the City chairs, or withdraw
from participation in any such action and body which might be involved
in such until the City can determine the need to protect and/or advance
the good of the City.
(For full text, see statement on file in the City Clerk's Office.)
Dr. Butler advised that further study should be given to the requests
and moved that the statement made by Reverend Tinsley be received and
filed. The motion was seconded by Mr. Harvey.
Mr. Trout offered a substitute motion that the members of Council,
the City Manager and representatives of OIC meet and discuss the issues in an
orderly fashion.
The Mayor declared the substitute motion lost for lack of a second.
The original motion offered by Dr. Butler, seconded by Mr. Harvey,
that the statement be received and filed was then adopted.
appeared
the CETA
CETA.
Reverend Leroy C. Roberts, 3625 Rolling Hill Avenue, N. W.,
before Council and advised that by authority of the charter and
Act, any member of Council may have access to the records of
The Mayor advised that within the very near future, he would like
to call a meeting of Council with interested citizens for the purpose of
discussing common concerns regarding the needs of the predominantly black
co--unity, which would include such matters as community improvement,
power training, development of the neighborhood partnership, assisting the
under-employed and disadvantaged, and other problems.
PETITIONS AND CO}~4UNICATIONS:
BUDGET-SCHOOLS: A com~unication from the Roanoke City School Board
requesting appropriations of $23,983.93 for the Adult Basic Education
State Dissemination Conference, and $6,030.00 for the Preschool Incentive
Mini-grant for instruction of handicapped children ages 0 - 4, was
before Council.
(For full text, see communication on file in the City Clerk's Office.)
A report of the Director of Finance advising that he has reviewed
the request for appropriations, noting that the Adult Basic Education
Dissemination Conference Grant will be reimbursed by State funds and the
Preschool Incentive Mini-grant will be funded by federal funds, and
recommending that Council concur in the request, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#26026) AN ORDINANCE to amend and reordain certain sections of
the 1981-82 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 247.)
101
ACTION:
ACTION:
ACTION:
Hr. Trout moved the adoption of the Ordinance. The motion was
seconded by Hr. Garland and adopted by the following vote:
AYES: Council members Garland, Harvey, Husser, Trout, Bowles,
Butler and Mayor Taylor ............................................... 7.
NAYS: None ...................................................... O.
SCHOOLS-BUDGET: A communication from the Roanoke City School Board
transmitting a Resolution adopted by the Board requesting that the
Roanoke City Charter be amended to change the submission date of the
Board's operating budget from March 15 to April 1, was before the body.
(For full text, see communication and Resolution on file in the City
Clerk's Office.)
In this connection, a report of the City Manager setting forth
alternatives, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler advised that the matter has been discussed for many years
and it is more a problem of interpretation of Section 56 of the Charter,
noting that the School Board must submit a detailed estimate of its
budget in such form as Council may require and include an estimate of
all funds to be received from sources other than appropriation by Council.
He said it was the understanding of the School system for some time that
the figures could not be adjusted after they had been submitted to the
City Manager; however, it was later his impression that the situation
had been worked out whereby the School Board could adjust its figures up
to the month of May if somethingcame in that was unanticipated. Dr.
Butler suggested that a meeting be held with the School Board to clarify
the matter.
The Mayor agreed with Dr. Butler's interpretation and advised that
he would like to call a meeting with School Board Chairman James A.
Allison, Jr., Superintendent Frank B. Tota and City Manager H. B. Ewert
to discuss the matter, and submit a report and recommendation back to
Council.
Dr. Butler moved that the Resolution from the Roanoke City School
Board be received and filed. The motion was seconded by Mr. Garland and
unanimously adopted.
Mr. Garland moved that the report of the City Manager be received
and filed. The motion was seconded by Mr. Harvey and unanimously adopted.
DOGS: A communication from Mr. Donald R. Flanders, Roanoke County
Administrator, with regard to valley governments working together on
animal control services, advising that Roanoke County is currently faced
with the need to either replace its dog pound facility or contract for
services with some other governmental unit or agency; that he has discussed
the matter with Valley Managers for the last two months and it is felt
that working together on such a project could be economically beneficial
to any unit participating; and requesting that Council appoint members
from the Roanoke City Council to meet amd determine the potentials with
representatives of the County and the City of Salem, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Garland moved that the communication be referred to the City
Manager for study, report and recommendation to Council. The motion was
seconded by Mr. Trout and unanimously adopted.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
102
ACTION:
ACTION:
PARKS AND PLAYGROUNDS-ZONING: The City Manager submitted a written
report concerning a proposed Ordinance to prohibit use of all lighted
athletic fields for games or sports after 10:00 p.m., if they are located
within or adjoining a RS residential zoning district, noting that the
impact of the proposed Ordinance will be that Hidden Valley athletic
complex will not be in use later than 10:00 p.m.; citizens renting Huff
Lane Park, Preston Park, Breckinridge, Strauss Park and Westside Park
for tournaments will not be permitted use beyond 10:00 p.m.; and there will
be no significant impact on the City's recreation progr-m- due to closing
of lighted athletic fields in an RS zone at 10:00 p.m., that the total number
of adult softball games played at Huff Lane Park per evening will be
reduced from four to three and the season will be extended to allow
completion of the fall schedule.
(For full text, see report on file in the City Clerk's Office.)
Mr. Charles C. Sherertz, 1555 Coral Ridge Road, S. W., appeared
before Council, and advised that residents in the area would like to go
on record as not opposing the use of the field as a playground area for
classes at Hidden Valley School; however, they do object to the use of
the field by outsiders, stating that the residents are fighting against
continual harassment by people who use the field, degradation of the
neighborhood, and obscene language.
Mr. Paul L. Bell, 2705 Hillbrook Drive, S. W., appeared before
Council and advised that he is a coach with a group of boys ranging in age
from 13 ~ 15 who play softball at the Hidden Valley field, and pursuant to
agreement with the City and the County, the lights are turned off at 10:30
p.m., each night. He requested that Council permit the lights to remain
on until 10:30 p.m.
Following a discussion of the matter, Mr. Harvey moved that Council
concur in the recovanendation of the City Manager and that the matter be
referred to the City Attorney for preparation of the proper measure; and
that the City 1/anager be requested to brief the members of Council in
Executive Session with regard to legal implications. The motion was seconded
by Mr. Musser and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles, Butler
and Mayor Taylor ............................................................ 7.
NAYS: None ............................................................ O.
ITEMS RECOt~iENDED FOR ACTION:
CITY PROPERTY-FIRE DEPARTMENT: The City Manager submitted a written
report recommending authorization for the Mayor to execute the appropriate
documents assigning the lease for Fire Station No. 6, dated July 14, 1980,
from Mrs. Mildred Prater to the Belmont Neighborhood Watch Group, Inc.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
(#26027) A RESOLUTION authorizing the assignment of a lease of former
Fire Station No. 6 from Mildred Prater to a new leassee, Belmont Neighborhood
Watch Group, Inc.
(For full text of Resolution, see Resolution Book No. 47, page 248.)
Mr. Trout moved the adoption of the Resolution. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles, Butler
and Mayor Taylor ............................................................ 7.
NAYS: None ........................................................... 0.
103
ACTION:
ACTION:
ACTION:
HOUSING-PLANNING: The City Mamager submitted a written report recommending
that a public hearing be set for Jume 14, 1982, on amendment of the Co~mity
Development Block Grant Housing Assistance Plan to accommodate application
for 136 units of elderly housing.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the recommendation and that a
public hearing be held on Monday, June 14, 1982, at 7:30 p.m., or as soon
thereafter as the matter may be heard, in the Council Chamber. The motion
was seconded by Mr. Garland and unanimously adopted.
CITY EMPLOYEES-PUBLIC ASSISTANCE: The City Manager submitted a written
report recommending approval for a leave of absence for educational purposes
for Mr. Thomas E. Hall, Social Worker, Social Services Department, for the
period September, 1982, through June, 1983.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler offered the following Resolution:
(#26028) A RESOLUTION approving the granting of a leave of absence
for educational purposes to Thomas E. Hall, an employee of the Department
of Hu~n Resources.
(For full text of Resolution, see Resolution Book No. 47, page 248.)
Dr. Butler moved the adoption of the Resolution. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles, Butler
and Mayor Taylor ................................................... .......... 7.
NAYS: None .............................................................. O.
SEWERS AND STORM DRAINS-SPECIAL PERMITS: The City Manager submitted a
written report in regard to a license for pipeline facility with the Norfolk
and Western Railway Company permitting the City to construct and maintain a
pipeline encroachment, including one manhold, on certain property of the
Railway on Jackson Avenue - 13th Street, S. W., in connection with Bond Issue
Storm Drain Project VIII, for a consideration of $200.00 and an annual fee
of $120.00.
(For full text, see report on ~ile in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance transferring
$200.00 from Capital Improvement Reserve Storm Drains to Sanitation Projects
Storm Drain Project VIII of the 1981-82 budget:
(#26029) AN ORDINANCE to amend and reordain certain sections of the
1981-82 Capital Fund Appropriations and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 248.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Garland, Harvey, Mumser, Bowles, Butler and
Mayor Taylor ............................................................... 6.
NAYS: None ........................................................... O.
(Council member Trout abstained from voting.)
104
ACTION:
ACT ION:
ACTION:
Dr. Butler offered the following emergency Ordinance:
(#26030) AN ORDINANCE authorizing the City Manager or Assistant City
Manager to execute a written License for Pipeline Facility with the Norfolk
and Western Railway Company providing for the City's construction and
maintenance of a pipeline encroachment on certain property of such gailway;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 249.)
Dr. Butler moved the adoption of the Ordinance. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Harvey, Musser, Bowles, Butler and Mayor Taylor--5.
NAYS: None ............................................................ O.
(Council member Garland was out of the Council Chamber and Council member
Trout abstained from voting.)
STATE HIGHWAYS: The City Manager submitted a written report recommending
execution of the City-State Agreement with the State Department of Highways
and Transportation for construction of detour roadway and service road
extension, Hershberger Road, Project 0101-128-102, C-502, and that funds
$200,000.00 be transferred in connection therewith.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance transferring
$200,000.00 from Capital Improvement Reserve Hershberger Access to Streets
and Bridges Hershberger Road, of the 1981-82 Capital Fund Appropriations:
(#26031) AN ORDINANCE to amend amd reordain certain sections of the
1981-82 Capital Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 249.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowles, Butler and Mayor
Taylor ....................................................................... 6.
NAYS: None ............................................................ 0.
(Council member Garland was out of the Council Chamber.)
Mrs. Bowles offered the following emergency Ordinance:
(#26032) AN ORDINANCE relating to the improvement of Hershberger Road
and approving a contract to be entered into between the City and the Virginia
Department of Highways and Transportation with respect thereto; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 250.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles, Butler
and Mayor Taylor ............................................................. 7.
NAYS: None ............................................................. O.
ACTION:
ACT ION:
BUDGET-STATE HIGHWAYS: The City Manager eubmitted a written report
recomendlmg execution of the City-State Agreement with the Skate Department
of Highways and Transportation for realignment and widening of Gus Nicks
Boulevard, Pro~ect UOOO-128-114, C501, B609 and that funds in the amount
of $154,488.17 be transferred in connection therewith.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler offered the following emergency Ordinance transferring
$154,488.17 from Highway Construction Fund to Streets and Bridges-Gus
Nicks Boulevard, of the 1981-82 Capital Fund Appropriations:
(#26033) AN ORDINANCE to amend and reordain certain sections of the
1981-82 Capital Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 250.)
Dr. Butler moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles, Butler
and Mayor Taylor .......................................................... 7.
NAYS: None .......................................................... O.
Mr. Harvey offered the following emergency Ordinance:
(#26034) AN ORDINANCE relating to the improvement of Gus Nicks
Boulevard and approving a contract to be entered into between the City and
the Virginia Department of Highways and Transportation with respect thereto;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 251.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles, Butler
and Mayor Taylor .......................................................... 7.
NAYS: None .......................................................... O.
CITY ATTORNEY:
SCHOOLS-SALE OF PROPERTY: The City Manager and the City Attorney
submitted a joint written report advising that by Ordinance No. 22578
adopted on December 8, 1975, Council provided for the sale of the former
Melrose Elementary School property to the Southwest Virginia Community
Development Fund for the construction of a childcare facility; that the
deed effecting this Ordinance contained two conditions to assure that the
intent of Council would be carried out, viz: requirements that within
certain time limits the school building be demolished and that a building
permit for the construction of the childcare facility, to cost not less
than $150,000.00, be issued and construction of the facility be commenced,
and a provision authorizing the City to reacquire title to the real
estate in the event these conditions were not met. It was noted that the
school building was razed in a timely manner, but that the building permit
was not issued and construction of the childcare facility was not co~nenced
within the prescribed period, and in order to perfect its title, S¥CDF now
requests that the City execute a deed releasing the City's right to demand
reconveyance of the real estate, that in return, the deed would contain a
provision affording the City the option to repurchase this real property
at then fair market value, should the SVCDF cease, within ten years, to
use it for a childcare facility.
ACTION:
ACTION:
ACTION:
An Ordinance was transmitted authorizing the Mayor to execute a
quitclaim deed, releasing the City's right to reacquire title to the lamd
amd containing the right to repurchase.
(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:
(#26035) AN ORDINANCE providing for the City's release of its right to
d-m-nd reconveyance of real property owned by Southwest Virginia Community
Development Fund, in return for an option to repurchase this property, under
certain terms and conditions.
The motion was seconded by Dr. Butler and adopted by the following
vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles, Butler
and Mayor Taylor .......................................................... 7.
NAYS: None .......................................................... 0.
PARKING GARAGE: The City Attorney submitted a written report advising
that at its meeting on Monday, May 10, 1982, Council concurred in a recommendation
of the City Manager that certain parking rates for the Municipal Parking
Garage be raised, and referred the matter to his office for preparation of
the proper measure; whereupon, Mr. Garland offered the following Resolution:
(#26036) A RESOLUTION concurring in the City Manager's recommendation
with respect to changes in certain parking rates for the Municipal Parking
Garage.
Mr. Garland moved the adoption of the Resolution. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles, Butler
and Mayor Taylor .......................................................... 7.
NAYS: None .......................................................... O.
COUNCIL: The City Attorney submitted a written report advising that
at its meeting on Monday, May 10, 1982, Council requested that he prepare
the proper measure providing that Council meetings will be held on the
second Monday at 7:30 p.m., and on the fourth Monday at 2:00 p.m., during
the months of June, July and August, 1982; whereupon, Mr. Trout offered
the following Resolution:
(#26037) A RESOLUTION authorizing the holding of two regular Council
meetings each month during the months of June, July and August, 1982.
(For full text of Resolution, see Resolution Book No. 47, page 252.)
Mr. Trout moved the adoption of the Resolution. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles, Butler
and Mayor Taylor .......................................................... 7.
NAYS: None .......................................................... 0.
TAXES: The City Attorney submitted a written report transmitting an
Ordinance amending the City Code to provide for a real estate tax rate of
$1.35 on every $100.00 of fair market value, which tax rate was previously
agreed to by Council at its special meeting on Friday, May 14, 1982.
(For full text, see report on file in the City Clerk's Office.)
107
ACTION:
ACTION:
ACTION:
Hr. Harvey moved that the following Ordinance be placed upon its
first reading:
(#26038) AN ORDINANCE amending and reordaining Section 32-16, Levied;
rate, subsection (a) of Section 32-104, Lev±ed; rate, Section 32-122, Levied~
rate, of the Code of the City of Roanoke (1979), as amended, to establish
new tax rates for all real estate and improvements thereon not exempt from
taxation, for mobile homes and for all real estate and tangible personal pro-
perty of public service corporations, and providing for an effective date for
these tax rates.
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles, Butler
and Mayor Taylor .......................................................... 7.
NAYS: None ......................................................... 0.
SEWERS AND STORM DRAINS: The City Attorney submitted a written
report advising that at the Financial and Planning Session of Council on
Monday, May 17, 1982, Council approved a report of the City Manager recom-
mending approval of a second year contract with Bio-Gro Systems, Incorporat-
ed, for sludge removal and referred the matter to his office for preparation
of the proper measure; whereupon, Mrs. Bowles offered the following emergency
Ordinance:
(#26039) AN ORDINANCE accepting a proposal and awarding a contract
for removal and disposal of sludge from the Sewage Treatment Plant; authoriz-
ing the proper City officials to execute the requisite contract; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 252.)
Mrs. Bowles moved the adoption the Ordinance.
by Dr. Butler and adopted by the following vote:
The motion was seconded
AYES: Council members Garland, Harvey, Musser, Trout, Bowles, Butler
and Mayor Taylor ................................................. ~ ........ 7.
NAYS: None .......................................................... 0.
REPORTS OF COMMITTEES:
BUDGET-CITIZENS' SERVICES COMMITTEE: Mr. Harold P. Kyle, member of
the Citizens' Services Committee, appeared before Council and presented
recommendations of the Committee for funding of qualified agencies, recommend-
ing approval of the proposed funding recommendations; that Council authorize
the Chairman of the Committee and the Director of Finance to not release
funds to any agency until objectives, activities and other reasonable
~requests of the evaluation team are submitted and accepted; and transfer
$6,000.00 from Citizens' Services Committee Budget, Contributions to
Director of Human Resources, Fees for Professional Services, for payment
of performance audits.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance transferring
$6,000.00 to provide funds for the performance audits of each agency
receiving funds through the Citizens' Services Committee:
(#26040) AN ORDINANCE to amend and reordain certain sections of the
1982-83 General Fund Appropriations Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 253.)
O8
ACT ION:
ACTION:
Hr. Garland moved the adoption of the Ordinance. The ~otion was
seconded by Dr. Butler and adopted by the follo~ring vote:
AYES: Council members Garland, Harvey, Husser, Trout, Bo~les, Butler
and Mayor Taylor .......................................................... 7,
NAYS: None ....................................................... 0.
AIRPORT: A report of the Advisory CO~Lission concurring in a recom-
mendation of the administration that the long and short term parking rates
at Roanoke Municipal Airport, Woodrum Field, be increased, effective July
1, 1982, as follows, was before Council,
For short-ter~ parking:
Each 1/2 hour
Maximum 24 hours
$0,50
$7.00
For lon~-term parking:
First hour or portion thereof
Each additional hour or
portion thereof
Maximum 24 hours
$1.00
$0.35
$3.50
(For full text, see reports on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#26041) AN ORDINANCE concurring in a requested amendment to that
certain agreement dated June 26, 1969, between the City and APCOA, Incorporated,
(assignee of ITT Consumer Services Corporation), as amended, for the operation
of the automobile parking lots at Roanoke Municipal Airport, Woodrum Field,
so as to permit an increase in some parking rates; establishing the rates to
be charged in such lots; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 254.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles,
Butler and Mayor Taylor ................................................... 7.
NAYS: None .......................................................... O.
AIRPORT: Council member Harvey presented a written report of
the committee appointed to study bids received for operating a video game
room at Roanoke Municipal Airport, Woodrum Field, recommending that the bid of
Airport Video, Incorporated, at 55% of monthly gross receipts and $750.00
per month minimum guarantee, be accepted.
(For full text, see report on file in the City Clerk's Office.)
A report of the Airport Advisory Commission concurring in the
recommendation of the committee, and further recommending that the contract
be co-signed by the parent company, State Amusement Company, Incorporated,
was before 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:
(#26042) AN ORDINANCE accepting a bid for the privilege of operating
a video game room at the Municipal Airport; authorizing the execution of the
requisite contract therefor; and rejecting one other bid.
(For full text of Ordinance, see Ordinance Book No. 47, page 261.)
109
ACTION:
ACTION:
ACTION:
ACTION:
The motion was seconded by Dr. Butler and adopted by the following
vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles, Butler
and Mayor Taylor .......................................................... 7.
NAYS: None .......................................................... 0.
Mr. Harvey moved that Council concur in the recommendation of the
Airport Advisory Commission that the contract be co-signed by the parent
company, State Amusement Company, Incorporated. The motion was seconded
by Dr. Butler and unanimously adopted.
AIRPORT: Council member Robert A. Garland, Chairman of the committee
appointed by the Mayor to tabulate bids received for Runway 23 Extension -
Phase I, (Underpass), at Roanoke Municipal Airport, Woodrum Field, ADAP
Project No. 6-51-0045-13, submitted a written report of the committee
recommending that the proposal of McDowall and Wood, Incorporated, in the
amount of $3,199,209.65, subject to the approval of the Federal Aviation
Administration, be accepted; further recommending that $103,478.00 be
transferred from Land Acquisition to ADAP 13 and that $97,213.88 be trans-
ferred from Runway Improvement to ADAP 13.
(For full text, see report on file in the City Clerk's Office.)
In this connection, a report of the City Manager concurring in the
recommendation of the committee, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#26043) AN ORDINANCE to amend and reordain certain sections of the
1981-82 Airport Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 254.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles, Butler
and Mayor Taylor .......................................................... 7.
NAYS: None ......................................................... -0.
Mr. Garland offered the following emergency Ordinance:
(#26044) AN ORDINANCE accepting a bid of McDowall & Wood, Inc., for
construction of Phase I of the project to extend Runway 23 at Roanoke
Municipal Airport, Woodrum 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; awarding associated contracts for construction
testing and survey work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 255.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles, Butler
and Mayor Taylor .......................................................... 7.
NAYS: None .......................................................... 0.
Mr. Garland moved that the report of the City Manager be received and
filed. The motion was seconded by Mr. Musser and unanimously adopted.
110
ACTION:
ACTION:
ACTION:
PARKING GARAGE: The committee previously appointed by the Mayor to
tabulate bids received for the Williamson Road Parking Garage, Century
Project No. 08-96, having submitted a written report reserving space on
the agenda for a recommendation, Mr. Garland, Chairma~ of the committee,
requested that the report be withdrawn from the agenda due to a minor
technicality.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
ZONING: Ordinance No. 26005 rezoning property located on the southerly
side of Brandon Avenue, S. W., described as a portion of Official Tax No.
5180302, containing approxtmmtely 2.5 acres, from RS-i, Single-Family
Residential District, to C-i, Office and Institutional District, subject
to certain proffered conditions, having previously been before the Council
for its first reading on Monday, May 10, 1982, 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:
(#26005) AN ORDINANCE to amend Sections 36-3 and 36-4, Code of the
City of Roanoke (1979), as amended, and Sheet No. 518, Sectional 1976 Zone
Map, City of Roanoke, in relation to Zoning, subject to certain conditions.
(For full text of Ordinance, see Ordinance Book No. 47, page 238).
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Garland, Musser, Trout, Bowles, Butler, and
Mayor Taylor .............................................................. 6.
NAYS: None .......................................................... 0.
(Council member Harvey was out of the Council Chamber.)
STREETS AND ALLEYS: Ordinance No. 26006 vacating, discontinuing and
closing the 400 foot long, 15 foot wide alley of Block No. 15, according
to theM ap of Hyde Park Land Company, as the same now lies between 19th
Street and 20th Street, N. W., having previously been before the Council
for its first reading on Monday, May 10, 1982, read and adopted on its
first reading and laid over, was again before the body, Mr. Trout offering
the following for its second reading and final adoption:
(#26006) AN ORDINANCE permanently vacating, discontinuing and closing
the 400 foot long, 15 foot wide alley of Block or Section No. 15, according
to the map of Hyde Park Land Company, as the same now lies between 19th
Street and 20th Street, N. W., in the City of Roanoke, Virginia, as is
more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 47, page 238).
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Garland, Musser, Trout, Bowles, Butler and
Mayor Taylor .............................................................. 6.
NAYS: None ..........................................................
(Council member Harvey was out of the Council Chamber.)
SUBDIVISIONS: Ordinance No. 26007 conforming the City's Subdivision
regulations to changes in state law, to clarify certain regulations, and
to increase the fee for subdivision plat review, having previously been
before the Council for its first reading on Monday, May 10, 1982, read and
adopted on its first reading and laid over, was again before the body, Mr.
Trout offering the following for its second reading and final adoption:
lll
ACTION:
ACTION:
(#26007) AN ORDINANCE amending and reordaining Chapter 31, ~ub-
divisions, of the Code of the City of Roanoke (1979), as amended, by
repealing Section 31-10, Appeals from decisions made under chapter, by
amending subsection (b) of Section 31-33, Approval~ distribution and
recording of final plat, generally, subsection (b) of Section 31-39, Fe.es.
for plat .review, Section 31-53, Drainage facilities and erosion and sediment
control measures, subsection (a) of Section 31-68, Lots; building or
setback lines, Section 31-105, Guaranty for completion of improvements,
and Section 31-108, Release of guarantees; certificates of approval~ and
by adding a new Section 31-54, Off-tract sewerage and drainage facilities,
and a new subsection (k) to Section 31-68, Lotsl. buiidin~ or setback
lines, in order to conform the City's Subdivision regulations to changes
in State law, to clarify certain regulations, and in order to increase the
fee for subdivision plat review.
(For full text of Ordinance, see Ordinance Book No. 47, page 239).
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles, Butler
and Mayor Taylor .......................................................... 7.
NAYS: None .......................................................... 0.
ZONING: Ordinance No. 26008 amending and reordaining the City Code
in order to conform certain of the City's Zoning regulations with pro-
visions of State Law and in order to clarify certain other zoning regulations,
having previously been before the Council for its first reading on Monday,
May 10, 1982, read and adopted on its first reading and laid over, was
again before the body, Mr. Trout offering the following for its second
reading and final adoption:
(#26008) AN ORDINANCE amending and reordaining Chapter 36, Zonin~
of the Code of the City of Roanoke (1979), as amended, by repealing the
definition of Building frontage, in Section 36-2, Definitions, subsection
(c) of Section 36-301, Parking or storage of travel trailers, boats~ etc.,
in RS, RD, RG and C-1 districts, and Section 36-503, Discontinuance of
nouconformin~ open air uses~ by amending the definitions of Family and
Yard in Section 36-2, Definitions, subsection (a) of Section 36-10, Fees
and charges in connection with chapter, subsection (c) of Section 36-30,
Appeals to board generally, Section 36-498, Generally, Section 36-523,
Certificates of occupancy for nonconforming uses, subsection (c) of Section
36-539, Planning Commission action, and Section 36-541, Notice of bearings,
and by adding two new sections, Section 36-62.1, Uses and structures
permitted as special exceptions in RS-1 distrigts only, and Section 36-
291.1., Yard requirements; fences and wall ~gulations, in order to conform
certain of the City's Zoning regulations with provisions of State law and
in order to clarify certain other zoning regulations.
(For full text of Ordinance, see Ordinance Book No. 47, page 242.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles, Butler
and Mayor Taylor .......................................................... 7.
NAYS: None .......................................................... 0.
EASEMENTS-APPALACHIAN POWER COMPANY-CENTER-INn~H~SQUARE: Ordinance
No. 26010 authorizing and directing the proper City officials to execute
and deliver a deed of easement to Appalachian Power Company for service to
the Center-in-the-Square and any necessary instruments to maintain existing
public utility facilities in the vacated alley lying to the west of Lot
130, Roanoke Land and Improvement Company, between Campbell Avenue and
Kirk Avenue, S. E., having previously been before the Council for its
first reading on Monday, May 10, 1982, read and adopted on its {irst
reading and laid over, was again before the body, Dr. Butler offering the
following for its second reading and final adoption:
112
ACTION:
ACTION:
(#26010) AN ORDINANCE authorizing and directing the proper City
officials to execute and deliver a deed of easement to Appalachian Power
Company for service to the Center In The Square and any necessary instruments
to maintain existing public utility facilities in the vacated alley lying
to the west of Lot 130, Roanoke Land and Improvement Company, between
Campbell and Kirk Avenues, S. E.
(For full text of Ordinance, see Ordinamce Book No. 47, page 245.)
Dr. Butler moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles, Butler
and Mayor Taylor .......................................................... 7.
NAYS: None .......................................................... 0.
BUDGET-PAY PLAN-CITY EMPLOYEES: Ordinance No. 26023 adopting and
providing a new Pay Plan for the employees of the City of Roanoke, effective
July 1, 1982, having previously been before the Council for its first
reading on Friday, May 14, 1982, read and adopted on its first reading and
laid over, was again before the body, Mr. Trout offering the following for
its second reading and final adoption:
(#26023) AN ORDINANCE to adopt and provide a new Pay Plan for the
employees of the City of Roanoke effective July 1, 1982; amending and
modifying Ordinance No. 25579 to the extent herein provided.
(For full text of Ordinance, see Ordinance Book No. 47, page 245.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles Butler
and Mayor Taylor .......................................................... 7.
NAYS: None .......................................................... 0.
BUDGET-REFUSE COLLECTION: Council at its Financial and Planning
Session on Monday, May 17, 1982, having instructed the City Attorney to
prepare the proper measure providing for the sale of twelve front-loading
refuse trucks to the highest bidders, in the amount of $184,393.00 as follows:
Cycle Systems, Inc.
Brandywine Auto Sales
Cavalier Equipment Co.
County of Franklin, Va.
Bay Disposal, Inc.
1 unit $ 9,750.00
5 units 27,632.00
3 units 35,900.00
1 unit 50,001.00
2 units 61,110.00
the matter was before the body; whereupon, Dr. Butler moved that the
following Ordinance be placed upon its first reading:
(#26045) AN ORDINANCE providing for the sale of twelve front-loading
refuse trucks, upon certain terms and conditions, by accepting certain bids
made to the City therefor; and rejecting certain bids made to the City.
The motion was seconded by Mr. Trout.
Mr. Clifford R. Weckstein, Attorney, representing Mr. S. Albert
Trompeter; Trompeter Brothers, Incorporated; and Trompeter Brothers,
appeared before Council and advised that the report Council has received
gives two alternatives: (a) to accept certain bids for the sale of the
refuse trucks and (b) to reject these bids. He said hie purpose, on
behalf of his clients, is to suggest to Council that at this time it
would be unwise to accept the bids and that Council therefore adopt alternative
(b) rejecting all bids. He advised that his law firm has been requested,
on and after July 1, 1982, to institute the appropriate legal action to
113
ACTION:
ACTION:
test whether the City can constitutionally discriminate in favor of some
citizens and against other citizens in its method of garbage and trash
collection. He noted that to provide free weekly trash collection to some
residential property owners while to refuse to provide free weekly trash
collecton for residential occupants who live in other sources of dwellings
(trailer parks and multi-family dwelling apartment houses) is a sort of
discrimination that the City ought not engage in and cannot engage in,
and suggested that there are some severe legal problems in discriminating
in the manner in which services are offered to the taxpayers, all of whom
are taxed on the same real estate tax valuation basis, but all of whom
will not receive the same services.
Mr. Weckstein suggested that this is not the time to dispose of the
trucks and that the City should hold onto them and accept alternative (b)
until the Council can determine, to its complete satisfaction, that the
City is not going to either want to or be impelled to get back into the
business of treating all of its residents alike in garbage collection. He
further suggested that the City consider entering into a leasing arrangement
of the equipment which will enable the City to recapture the vehicles if
it is deemed necessary.
The following vote was recorded on Ordinance No. 26045 on its first
reading:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles, Butler
and Mayor Taylor .......................................................... 7.
NAYS: None .......................................................... O.
Dr. Butler offered the following emergency Ordinance:
(#26046) AN ORDINANCE to amend and reordain certain sections of the
1981-82 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 256.)
Dr. Butler moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles, Butler
and Mayor Taylor .......................................................... 7.
NAYS: None .......................................................... 0~
REFUSE COLLECTION: Dr. Butler offered the following Resolution
establishing the fees to be charged by the City for certain refuse collection
on and after July 1, 1982, as follows:
Rear-loading bulk containers (per
collection)
$ 4.00 per container
Individual Refuse Containers
Collected Per Week
Weekly Rate
0 - 10
11 - 25
26 - 50
51 - 100
100 +
No Charge
$ 4.00
$ 6.00
$ 8.00
$ 10.00 + $2.00
for each increment
of 50 or more addi-
tional containers
over 100
(#26047) A RESOLUTION establishing the fees to be charged by the
City for certain refuse collection on and after July 1, 1982.
(For full text of Resolution, see Resolution Book No. 47, page 256.)
114
ACTION:
Dr. Butler moved the adoption bf the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles,
Butler and Mayor Taylor ................................................... 7.
NAYS: None .......................................................... 0.
REFUSE COLLECTION: Dr. Butler offered the following emergency Ordinance
amending and reordaining the City Code to provide for bulk container
collection in the City; regulation thereof and providing for individual
refuse container service to be provided by the City:
(#26048) AN ORDINANCE to repeal Sections 14-23, ~'Individual refuse
container" defined, 14-24, '~Minimum level of service" defined; additional
charge for exceedin~ such level, 14-34, When required, 14-35, Defined;
specifications, and 14-37, Charge for collections, Code of the City of
Roanoke (1979), as amended; to amend and reordain Sections 14-19, Placement
of business establishment containers for collection; "central business
district" defined~ frequency of and charse for collection in central
business district~ and 14-36, Location on premises; only refuse in
container to be removed from same premises, Code of the City of Roanoke
(1979), as amended; to add new Sections 14-4, Definitions, 14-5, When bulk
container required, 14-6, Fees for collection, 14-7, Rules and regulations,
14-35.1, Bulk container collection service provided by city, and new
Division 3, Private collection of bulk containers, including Sections 14-41,
License required, 14-42 Application for license, 14-43, Revocation of
license, 14-44, Rate re~ulation; submission of rate schedules~ and 14-45,
Placement and maintenance of front-loadin~ containers, to the Code of the
City of Roanoke (1979), as amended; the repealed, amended and added sections
relating to refuse collection, including individual refuse containers and
bulk containers, regulation of refuse collection, including fees, and
licensing of certain private bulk container collectors; and providing for
an emergency and an effective date.
(For full text of Ordinance, see Ordinance Book No. 47, page 257.)
Dr. Butler moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Garland, Harvey, Muss~z, T~out, Bowles, Butler
and Mayor Taylor .......................................................... 7.
NAYS: None .......................................................... 0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYORANDMEMBERS OF COUNCIL: NONE.
PLANNING: The Mayor advised that there are two vacancies on the
Fifth Planning District Commission created by the resignations of Council
members Charles L. Landis and Hampton W. Thomas for terms ending June
30, 1982, and June 30, 1984, respectively; whereupon, the Mayor suggested
that Council consider Council members Howard E. Musser and James O. Trout
to fill the vacancies.
The Mayor then opened the floor for nominations.
Mr. Trout placed in nomination the names of Mr. Howard E. Musser and
Mr. James O. Trout.
There being no further nominations, Mr. Musser was elected to fill
the unexpired term of Mr. Charles L. Landis, resigned, ending June 30,
1982, and Mr. Trout was elected to fill the unexpired term of Mr. Hampton
W. Thomas, resigned, ending June 30, 1984, by the following vote:
115
ACTION:
ACTION:
FOR MESSRS. M~SSER AND TROUT: Council members Garland, garvey,
Musser, Bowles, Butler and Mayor Taylor ................................... 6.
(Council member Trout abstained from voting.)
COUNCIL-COI~{ITTEES: The Mayor advised that with the concurrence of
Council, he would like to make the following committee assignments:
Mrs. Elizabeth T. Bowles
Budget and Planning Committee
Greater Roanoke Transit Company Board of Directors
Personnel Committee
Fifth Planning District Commission and Executive Committee
Mill Mountain Development Committee
Roanoke City Arts Comm4ssion
Total Action Against Poverty in the Roanoke Valley
Board of Directors
Water Resources Committee
Committee Composed of Representatives of the City of Roanoke,
City of Salem and the Town of Vinton to Negotiate Relative
To Fire and Emergency Services
Dr. Wendell H. Butler
Budget and Planning Co~nnittee
Greater Roanoke Transit Company Board of Directors
Personnel Connnittee
City of Roanoke Redevelopment and Housing Authority
(Liaison Council member)
Juvenile Detention Facilities Study Committee
Water Resources Committee
Courts Facility Advisory Co~nittee
Mr. Robert A. Garland
Budget and Planning Committee
Greater Roanoke Transit Company Board of Directors
Personnel Committee
Franchise Study Committee
City of Roanoke Transportation Safety Commission
Representative from the City on the Board of Directors of
the Unified H-mmn Services Transportation System, Inc.
(RADAR)
Wiley Drive Committee
Fifth Planning District Commission
Roanoke Civic Center Commission
Water Resources Committee
Bid Committee
Mr. James G. Harvey~ II
Budget and Planning Committee
Greater Roanoke Transit Company Board of Directors
Personnel Committee
Wiley Drive Committee
Audit Committee
Water Resources Committee
Courts Facility Advisory Committee
Airport Advisory Commission
Airport Runway Extension Speakers Bureau
Mr. Howard E. Musser
Budget and Planning Committee
Greater Roanoke Transit Company Board of Directors
Personnel Committee
Audit Committee
Cable Television Committee
Regional Cable T.V. Committee
116
ATTEST:
Mr. James O. Trout
Budget and Planning Committee
Greater Roanoke Transit Company Board of Directors
Personnel Committee
Audit Co~-.....,tttee
Cable Television Committee
Regional Cable T.V. Co~ittee
The Mayor advised that the Chairmen of the Water Resources Committee
and the Audit Co~nittee will be decided by the me,fl)ers of the respective
committees at their reorganizational meetings, after which he will appoint
the Chairm~n of the other committees.
At 5:00 p.m., the Mayor declared the meeting racessed.
At 5:35 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all members of the Council present.
There being no further business, the Mayor declared the meeting
adjourned at 5:35 p.m.
City Clerk
APPROVED
Mayor
117
REGULAR ~EEKL¥ SESSION .... ROANOKE CITY COUNCIl.
June 14, 1982
7:30 p.m.
The Council of the City of Roanoke met in regular meeting in the Council
Chamber in the Municipal Building, City of Roanoke, on Monday, June 14, 1982, at 7:30
p.m., the regular meeting hour, with Mayor Noel C. Taylor presiding.
PRESENT: Council members James G. Harvey, II, Howard E. Musser, James O.
Trout, Robert A. Garland, Wendell H. Butler and Mayor Noel C. Taylor ............... 6.
ABSENT: Council member Elizabeth T. Bowles .............................. 1.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. W. Robert Herbert,
Assistant City Manager; Mr. Wilburn C. Dibling, Jr., City Attorney; Mr. William X
Parsons, Assistant City Attorney; Mr. Joel M. Schlanger, Director of Finance; and Mrs.
Mary F. Parker, City Clerk.
The invocation was delivered by Mayor Noel C. Taylor.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Taylor.
PROCLAMATIONS: The Mayor presented a proclamation declaring June 20 - 25,
1982, as United Negro College Fund Week in the City of Roanoke, and urged all citizens
to support this worthwhile drive with their gifts and voluntary service.
(For full text, see proclamation on file in the City Clerk's Office.)
COUNCIL-ELECTIONS: Mr. Alton B. Prillnmmn, Secretary of the Electoral
Board, appeared before Council and presented certificates of election to Council
members Robert A. Garland, Howard E. Musser and James O. Trout for four year terms of
office commencing July 1, 1982, and ending June 30, 1986.
BID OPENINGS:
ACTION:
SEWERS AND STORM DRAINS: Pursuant to notice of advertisement for bids
on the construction of bond issue storm drain projects on Whitman Street,
Melcher Street and New Spring Branch Road, said proposals to be received by
the City Clerk until 4:30 p.m., on Monday, June 14, 1982, 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:
S. C. Rossi and Co., Inc.
Dixon Contracting, Inc.
Laramore Construction Co.
H & S Construction Co.
S. R. Draper Paving Co., Inc.
F. L. Showalter, Inc.
Mullins and Jones, Inc.
221 199.50
223 711.10
232 302.00
236 558.00
250 448.80
258 364.60
262 225.50
Dr. Butler moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to Council.
The motion was seconded by Mr. Harvey and adopted.
118
ACTION:
ACTION:
ACTION:
The Mayor appointed Messrs. Robert A. Garlamd, Chairman, Thomas F.
Brady and Richard B. Burrow as members of the co~ittee.
PUBLIC HEARINGS:
EASEMENTS-SUBDIVISIONS: Council having instructed the City Clerk to
set a public hearing for Monday, June 14, 1982, at 7:30 p.m., or as soon
thereafter as the matter may be heard in the Council Chamber, on the request
of Stephen B. Colwell and Joan B. Colwell that a portion of a twenty foot
drainage easement shown on the recorded subdivision plat of Springtree which
crosses the Colwell property on Belle Avenue, N. E., be vacated to permit
the construction of a carport, the matter was before the body.
In this connection, the City Manager submitted a written report recom-
mending that Council authorize the vacating of the twenty foot drainage
easement running the full length of the northeast boundary of the property
owned by the Colwells, except for the approximate twenty foot by twenty foot
drainage easement to remain parallel to Belle Avenue, N. E.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its first
reading:
(#26049) AN ORDINANCE permanently vacating, discontinuing and closing
a 20 ft. drainage easement across property on Belle Avenue, N. E., in the
City of Roanoke, Virginia, as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 47, page 284.)
The motion was seconded by Mr. Musser.
Mr. David B. Helscher, Attorney, representing the petitioners, appeared
before Council in support of the request of his clients.
No one appearing in opposition to the request, the following vote was
recorded on Ordinance No. 26049 on its first reading:
AYES: Council members Harvey, Musser, Trout, Butler, Garland and Mayor
Taylor .................................................................. 6.
NAYS: None ......................................................... O.
(Council member Bowles was absent.)
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having set a public hearing
for Monday, June 14, 1982, at 7:30 p.m., or as soon thereafter as the matter
may be heard, on the request of Natalie R. Foster and Mary R. Waynick that
an alley extending in an east/west direction from 25th Street to 27th Street,
between Shenandoah Avenue, N. W., and Johnston Avenue, N. W., be vacated,
discontinued and closed, the matter was before the body.
In this connection, a report of the City Planning Commission recommend-
ing that the request be granted, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its first
reading:
(#26050) AN ORDINANCE permanently vacating, discontinuing and closing
an alley 10 feet in width extending in an East/West direction from 25th
Street to 27th Street, between Shenandoah Avenue and Johnston Avenue, N. W.,
in the City of Roanoke, Virginia, as is more particularly described herein-
after.
(For full text of Ordinance, see Ordinance Book No. 47, page 285.)
119
ACTION:
The motion was seconded by Mr. Garland.
Mr. John D. Copemhaver, Attorney, representing the petitioners, appeared
before Council in support of the request of his clients.
No one appearing in opposition to the request for rezoning, the follow-
vote was recorded on Ordinamce No. 26050 on its first reading:
AYES: Council members Harvey, Musser, Trout, Butler, Garland and
Mayor Taylor ............................................................... 6.
NAYS: None ........................................................... 0.
(Council member Bowles was absent.)
ZONING: Pursuant to Resolution No. 25523 adopted by the Council on
Monday, April 6, 1981, the City Clerk having set s public hearing for Monday,
June 14, 1982, at 7:30 p.m., or as soon thereafter as the matter may be
heard in the Council Chamber, on the request of Lowe's Investment Corporation
that a tract of land lying between the existing Seibel Brothers Equipment
Company and Statesman Plaza Shopping Center now under construction on U. S.
Route 460 (Orange Avenue, N. E.), containing 5.003 acres, and designated on
Roanoke City Appraisal Map as Official Tax No. C-7150102, be rezoned from C-
2, General Comm-rcial District, to LM, Light Manufacturing District, the
matter was before the body.
In this connectiom, a report of the City Planning Coltssion recommending
that the request be granted, advising that the Planning Colission is concerned
with the issue of access and the number of commercial entrances established
on Route 460, that the developer has indicated that a common entrance and/or
service drive to the adjacent shopping center under .construction to the east
is being considered, although no proffers are made, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that the following Ordinance be placed upon its first
reading:
(#26051) AN ORDINANCE to amend Sections 36-3 and 36-4, Code of the
City of Roanoke (1979), as amended, and Sheet No. 715, Sectional 1976 Zone
Map, City of Roanoke, in relation to Zoning.
(For full text of Ordinance, see Ordinance Book No. 47, page 286.)
The motion was seconded by Dr. Butler.
Mr. Robert W. Mam, representing the petitioner, appeared before Council
in support of the request of his client.
No one appearing in opposition to the request for rezoning, the follow-
ing vote was recorded on Ordinance No. 26051 on its first reading:
AYESi Council members Harvey, Musser, Trout, Butler, Garland and Mayor
Taylor ..................................................................... 6.
NAYS: None ........................................................... 0.
(Council member Bowles was absent.)
ZONING: Pursuant to Resolution No. 25523 adopted by the Council on
Monday, April 6, 1981, the City Clerk having set a public hearing for Monday,
June 14, 1982, at 7:30 p.m., or as soon thereafter as the matter may be
heard in the Council Chamber, on the request of Wilson Trucking Corporation
that two parcels of land lying on the southerly side of Thurston Avenue, N. E.,
at its intersection with the easterly side of Colgate Street, N. E., and
lying on the southerly side of Lone Oak Avenue at its intersection with the
easterly side of Colgate Street, N. E., and designated on Roanoke City
Appraisal Map as Official Tax Nos. 3110601 - 3110606, inclusive, and 3071022,
3071024 and 3071025, together with that portion of Lone Oak Avenue (to be
closed) lying between said parcels, be rezoned from RD, Duplex Residential
District, to LM, Light Manufacturing District, subject to certain proffered
conditions, the matter was before the body.
ACT ION:
In this connection, a report of the City Piannin$ Comnission recom-
mending that the request be granted, advising that the petition, as proffered,
viii minimize nei~hborhood impact and alloy a rezoning that the Planning
Commission feels is consistent with the intent of the Comprehensive Plan, was
before Council.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler moved that the following Ordinance be placed upon its first
reading:
(#26052) AN ORDINANCE to amend Sections 36-3 and 36-4, Code of the
City of Roanoke (1979), as amended, and Sheet Nos. 307 and 311, Sectional
1976 Zone Map, City of Roanoke, in relation to Zoning, subject to certain
conditions.
(For full text of Ordinance, see Ordinance Book No. 47, page 287.)
The motion was seconded by Mr. Garland.
Mr. W. H. Fralin, Attorney, representing the petitioner, appeared
before Council in support of the request of his client.
Mr. and Mrs. Claude S. Fowler, 1716 Colgate Street, N. E., appeared
before Council and requested that all trucks larger than a van or pickup
be forbidden to travel Thurston Avenue, or if that suggestion is not feasible,
that a four way stop sign be installed at Wayne Street and Thurston Avenue
or Colgate Street and Thurston Avenue to help eliminate speeding.
Mr. Fralin advised that he has discussed the matter with Mr. Charles
Ross representing Wilson Trucking Corporation and Mr. Ross intends to issue
a letter to all drivers asking them not to use Thurston Avenue.
Upon question from Mr. Harvey, the City Engineer advised that he would
like to investigate the feasibility of installing a "no through truck" sign
on Thurston Avenue.
The following vote was recorded on Ordinance No. 26052 on its first
reading:
AYES: Council members Harvey, Musser, Trout, Butler, Garland and Mayor
Taylor .................................................................... 6.
NAYS: None ......................................................... 0.
(Council member Bowles was absent.)
PLANNING-HOUSING-STATE HIGHWAYS: Pursuant to Resolution No. 25523
adopted by the Council on Monday, April 6, 1981, the City Clerk having set a
public hearing for Monday, June 14, 1982, at 7:30 p.m., or as soon thereafter
as the matter may be heard in the Council Chamber, on the request of the
City of Roanoke Redevelopment and Housing Authority to modify Priority #8
(Grade Separated Interchange at U. S. 460 and Kimball Avenue) of the 1995
Thoroughfare Element of the City's Comprehensive Plan, the matter was before
the body.
In this connection, a report of the City Planning Commission recommend-
ing approval of the proposed modification of Priority No. 8 of the 1995
Thoroughfare Element of the City's Comprehensive Plan, advising that the
request is consistent with the City's Comprehensive Plan policies and the
modification of Priority No. 8 will allow for the construction of a two-lane
arterial highway with an improved intersection that will adequately serve
the Kimball Avenue corridor, was before Council.
(For full text, see report on file in the City Clerk's Office.)
REDEVELOPMENT PLAN
KIMBALL REDEVELOPMENT PROJECT
PROJECT VA. R-46
MAy, 1982
REVISED TO REFLECT:
AMENDMENT NO. 1
AMENDMENT NO. 2
AMENDMENT NO. 3
AMENDMENT NO. 4
AMENDMENT NO. 5
AMENDMENT NO. 6
KIMBALL REDEVELOPMENT PROJECT
REDEVELOPMENT PLAN
TABLE OF CONTENTS
B.
~Descri~tion of Project
Boundaries' of Redevelopme~tArea
2. Redevelopment Plan Objectives
3. Types of Proposed Renewal Actions
C. _Land Use Plan
1. Land Use MaU No. RP-1, l~evised, May, 1982
2. Land Use Provisions and Building Requirements
D. P~roject Proposals
i. Land Acquisition
2. Rehabilitation and Conservation
3. Proposals for Low and Moderate Cost Rousing
4. Redeveloper~s Obligations
5. Underground Utility Lines ,
E. Other Provisions Necessary to Meet State and Locs]
Re__quirements
1. Conformance to Comprehensive Plan
2. Relationship to Local Objectives
3. Proposals for Land Use, Building Requirements and
Land Disposition
F. P~rocedures for Chan~es in Approved
Exhibit A - Boundary Description, Revised August, 1972
Roanoke, Virginia
VA. R-46
R-213; Page 1
D~SCRIPTION OF PROJECT
1. Boundaries of Redevelopment Area
The boundaries of the Kimbal~ Redevelopment Project are
s~own on the Lan~ Acquisition and Boundary Map No. RP-2,
Revised May, 1982,. and are described in Exhibit A,
attached hereto.
2. ~edevelo~ment plaR Objectives
The objectives of the Kimball Redevelopment Project
are as follows=
a. To plan for the acquisition and removal of buildings
or improvements which by reason of dilapidation,
obsolescence, overcrowding, faulty arrangement of
design, lack of ventilation, light, and sanitary
facilities, excessive land coverage, deleterious
land use or obsolete layout, or a combination of
these or other factors, are detrimental to the
safety, health, morals, or welfare of the community;
the Kimball Project area encompasses a blighted
area which contains 382 dilapidated buildings, and
30 buildings the use of which is deleterious to
surrounding uses, of a total of 448 structures.
Roanoke, Virginia
VA. R-46
R-213; Page 2
b. To plan for the acquisition of other property'for
the purposes of removing, preventing, or reducing
blight, blighting factors, or the cause of blaght,
which 'in the Kimball r '
P °3ect area includes steeply
rolling topography, poor street gradients and lay-
out, inadequate utilities, and remote community
facilities.
c. To plan for the acquisition of property where the.
' diverse ownership, the street and lot layouts, and
Other conditions prevent a proper development of
the property and where acquisition of the property
is necessary to carry out the redevelopment plan;
the Kimball Avenue project area contains' 10 prop-
erties which must be acqulr~d to assemble sufficient
land for proper development, to. provide the land
uses contemplated in the redevelopment plan, and
to carry out needed public improvements.
d. To improve the standard of housing and the environ-
ment for the.poeple to be relocated from the project
area, includlng the provision of housing in better
physical COnditions and in locations which are more
accessible to needed, community
the remainder of.the City.
facilities and to
Roanoke, Virginia
VA. R-46
R-213; Page 3
To replace residential uses in an area which is
isolated from other residential areas and from
adequate community facilities and which is
surrounded by uses incompatible'with a
environment.
residential
To create a new resource of graded land for light
industries which desire a central location near~
excellent highways and near downtown Roanoke,
thus streng~]ening the economic base of the City
an~ the region.
g. To provide sites for highway-oriented commercial
facilities to' serve the growing volume of regional
and interstate traffic and the anticipated needs
of the convention center on the opposite side of
Willia3nson Road. Included will be. potential sites
for'the expansion of existing business on William-
son Road.
h. To make possible the construction of a new major
street from Wells Avenue northward across Orange
Avenue to the northern Project BOUndary and
eventually to connect to Interstate Route 81, and
Roanoke, Virginia'
VA. R-46
R-213; Page 4
the widening of Orange Avenue, both improvements
which will materially improve the movement of
local and regional traffkc in the northern part
of the C~ty.
3. ~pes of Proposed Renewal Action
The entire project area will be cleared and redeveloped.
All existing structures and Streets (except properties
marked N.T.B.A., Orange Avenue, and Williamson Road)
will be cleared, the land will be graded as necessary,
new major streets will be constructed, and the
resulting buildings will be redeveloped for commercial
and industrlal use. Underground utility lines are
required and will be placed in public rights-of-way
wherever possible.
C. LAND USE PLAN
1. ~and Use ~
The L~and Use Map No. RP-], Revise4 May, 1982, is
submitted as part of this Redevelopment Plan.
2. L_and Use Provisions and Building Requirement.,
a. Permitted Uses
Two general types of land uses shall be permitted
in the Kimball. Redevelopment Project: ~ighway
Commercial and Light Industrial.
Roanoke, Virginia
VA. R-46
R-213; Page 5
Commercial Uses shall be permitted in the
project area according to the locations
show~ on the .Lg.nd Use Ha~ No. RP-], Revised
May, 1982:
a) Medical, dental, other professional and
business offices;
b) Retail establishments, and sales and
display rooms and lots (not including
Storage or display yards for building
materials, or for scrap or salvage
operations);
c) Eating and drinking establishments except
drive-ins located Within 250 feet of any
RS, RD, RG, or C-1 zoning district;~
d) Service and repair establishments, such
as barber and beauty shops, dry cleaning
establishments, shoe repair shops, filling
stations, and repair garages;
e) Hotels and motels;
f) Cozmmercial recreational structures and
USES;.
Roanoke, Virginia
VA. R-46
R-213; Page 6
2)
g) Financial institutions;
h) Com~ercial and job printing establishments;
Accessory uses =ustomarily and clearly
~c~dental to permitte~ uses.
NOTE= Special exceptions are required to outdoor
storage lots and drive-in eating and
drinking establishments in the C-4
zoning district.
Light Industrial= The following Light Industrial
uses shall be permitted in the project area ~
according to the locations shown on the
Land Use Map No. R~-I, Revise~ May, 1982=
a) Light manufacturing and processing,
provided that all manufacturing and processing
operations be conducted within an enclosed
building;
b) Freight terminals, wholesaling, warehousing,
storage, supply and distribution;
c) Accessory uses, including outdoor storage
lots and yards incidental to the primary
operation except wrecking, junk, and scrap
and salvage yards.
Roanoke, Virginia
VA. R-46
R-213; Page 7
Location of Uses: The Parcel sizes and
locations £o~ ~he Highway Commercta! and
Light Indust~ia! us~s shall be determined by
the City of Roanoke Redevelopment and Housing
Authority within the Pattern shown by the
L_and ~, Revised May, 1982,
and according to the following guidelines:
a)
comprise no more than 50
total area of the parcels
redeveloped.
The general nature of the project area
shall be Predominately light industrial
with a border of highway commercial uses
adjacent to the existing commercial uses
on Williamson Road and Orange Avenue. To
this end, Highway COmmercial Uses shall
percent,of the
to be privately
b) The determination of parcels for Highway
Commercial Uses shall be contingent upon
the demonstration of an adequate economic
demand for such sites.
c) The parcels designated for Highway
Commercial uses shall be contiguous to
Roanoke, Virginia
VA. R-46
R-213; Page 8
existing or planned com~rcia! uses;
groupings of new co~ercial uses shal!
be formed only near the interseutions of
Williamson ROad with Wells Avenue or with
l~utherford Avenue, or at the intersection
of Seventh Street with Orange Avenue, or
at the intersection of Orange Avenue ~ith
Williamson l~oad and along Williamson Road
north of Orange Avenue.
d) The determinations of parcels for Highway
Commercial use shall ensure the preser-
vation of parcels of adequate size and
shape for light industrial purposes.
A~dditional Regulations and Control=~
Definitions: The definitions and interpre-
tations of all terms used below shall be
~anoke, Virginia
VA. R-46
R-213; Page 9
determined according to their usage in the
Zoning Ordinance of Roanoke, Virginia.
Building and Lot Requirements for Highway
Commercial and Light Industrial Uses~ The
maximum gross floor area permitted shall be
one square foot for each square foot of land
area of the site. The maximum height of
structures shall be 100 feet. The area
devoted to ~rds, landscaped open space, and
lot coverage b~ structures shall be determined
upon the review of site plans by the City
of Roanoke Redevelopment and Housing Authority,
but in general shall provide for an attractive
and pleasing appearance and adequate light and
air, consistent with the objectives of the
Redevelopment Plan and with design guidelines
specified in Section C.2.c. of this Redevelop-
ment Plan.
Off-Street Parking will be supplied in the
amount of 1 space for each 1 to 400 square feet
of floor area except that bowling alleys shall
provide 5 spaces for each alley, hotels and
Roanoke, Virginia
VA. R-46
R-213; Page 10
motels shall provide one space for each rental
unit, theaters Shall provide one space for
.each 5 seats, and industrial uses shall provide
one space for each employee in the peak shift.
Off-Street Loadin~ shall be supplied for uses
requiring such space so that no vehicle being
loaded or unloaded shall stand in or project
into any public street, walk, alley, or way.
No more than two ~igns, not larger than 100
feet (square) An area and not higher than
twenty feet from the ground 1eve! shall be
~ermitted for each principal structure.
3)
Performance Standards: Ail uses shall conform
to the Performance Standards as set forth in
the Supplementary District Regulations, Article
IV, Division 2 of the Zoning Ordinanceof
Roanoke, Virginia.
Roanoke, Virginia
VA. R-46
R-213; Page 11
motels shall provide one space for each rental
unit, theaters Shall provide one space for
.each $ seats, and industrial uses shall provide
one space for each employee in the peak shift.
Off-Street Loadin~ shall be supplied for uses
requiring such space so that no vehicle being
loaded or unloaded shall stand in or project
into any public street, walk, alley, or way.
No more than two si_~_~, not larger than 100
feet (square) in area and not higher than
twenty feet from the ground level shall be
permitted for each Principal structure.
Performance Standards: All Uses shall conform
to the Performance Standards as set forth in
the Supplementary District Regulations, Article
IV, Division 2 of the Zoning Ordinance0f
Roanoke, Virginia.
Roanoke, Virginia
VA. R-46
R-213; Page 11
- 4) Curb Cuts: Driveways leading from public
streets shall be in uonformity with City of
Roanoke Standards in so much as size, location
and design, except that no part of s driveway
leading from a public street shall be nearer
than three feet to a fire hydrant or catch
basin as measured at the curb line.
5} Landscaping= Any land in the project area ·
not covered by paving or structures shall be
landscaped with trees and other planting,
providing however, that not less than 10
percent of the land, not covered by structures,
shall be landscaped. Areas which are within
street rights-of-way but used for street or
sidewalk pavements shall be paved or land-
scaped.
6) Easements= No structures shall be erected on
or over utility easements.
Roanoke, Virginia
VA. R-46
R-213; Page 12
Deai¢. n Guidelinea
The development of all parcels to be disposed 'of in
the Kimball Redevelopment Project shall be in
accordance with the following design guidelines:
1) .The structures shali be placed on the site in
a location which presents a satisfactory view
from the street and from Interstate 581 and
Orange Avenue, which'best utilizes the topo-
graphy, and which relates well to planned or
existing structures on adjoining sites.
2) The site should be planned to minimize inter-
.-ferences with external traffic movement, to
provide a clear internal traffic flow to park-
ing area.~-, and to shield 'larger parking areas
from public streets.
3) Landscaping should be provided on each site in a
manner consistent with the use of the site and
with its particular geographic characteristics.
4) The design of buildings and signs should re-
cognize their utilization and should be attract-
ive and pleasing.
5) Ail building accessories located on the roof or
site of the development shall be screened to be
compatible.with the structure.
Roanoke, Virginia
VA. R-46
R-213; Page 13
d. Duration of .Provisions and Requirements
The provisions established above and any amendment
thereto shall be in effect from the date of approval
by the Council of the City of Roanoke, Virginia and
shall remain in effect for a period of twenty-five
calendar years from that date.
e. ~ontrols to be Applied to Property not Acquired
All properties not to be acquired within the
project area shall meet the provisions established
above.
PROPOSALS
Land Acquisition
a. The Land Acquisition and Boundary MaN No. RP-?,
Revised May, 1982, herewith s .t~mitted as part
of this'Redevelopment Plan, indicates those~ prop-
erties to be acquired for clearance and redevelop-
ment and for the provision of public facilities·
b. Conditions for Not Acquiring Properties Now
~signated for Acquisition: The City of Roanoke
Redevelopment and Housing Authority may exempt
from acquisition any property which, in its judgment,
PROJECT
Roanoke, Virginia
VA. R-46
R-213; Page 14
can be made by the owner to conform to all of the
land use provisions and building requirements set
forth herein and when acquisition of such property
is not necessary to carry out the objectives of
the Redevelopment Plan.
~ehabilitation and Conservation
NO rehabilitation and conservation is contemplated for
the project area.
~roposals for Low and Moderate Cost Housinq
No housing is contemplated as a reuse for the project
area.
RedeveloDer's Obliaations
The City of Roanoke Redevelopment and Housing Authority
in disposing of the land in the project area to be
redeveloped by private or public parties, shall, in
contracts or deeds or other instruments with such
parties, include such terms or conditions as in the
judgment of the Authority are necessary to carry out
the objectives of the Redevelopment Plan. Such pro-
visions shall be contained in such contracts, deeds, or
other instruments between the City of Roanoke Redevelop-
Roanoke, Virginia '
VA. R-46
R-213; Page 15
ment and IIousing Authority and the redevelopers.shall
obligate the purchasers of land in the project area
a~d their successors in interest, to:
a. Devote ~e parcels o%~ed by them only for the
purposes and in the manner specified in the
Redevelopment Plan, and to that end to obtain the
approval of the City of Roanoke Redevelopment and
Housing Authority of site redevelopment plans;
Begin and complete the construction of improvements
agreed upon in the land disposition contract within
a reasonable time as determined in the contract.
c. Retain the interest acquired until the completion
of construction and development of' the are~ acquired
in accordance with this plan, and shall not sell,
lea~e, or transfer the interest acquired or any
part thereof prio~ to such completion of construction
and development without the written consent of the
City of Roanoke Redevelopment and Housing Authority.
d. Not effect or e:(ecute any agreement, lease, convey-
ance, or other instrument whereby the property or
any part ~%ereof is restricted on the basis of
Roanoke, Virginia
VA. R-46
R-213; Page 16
race, religion, color, sex, national origin, age or
handicap in the sale, lease or occupancy thereof, and
to comply with all stat~ or local laws in effect from
time to time prohibiting discrimination or segregation
by reason of race, religion, color, sex, national
origin, age or handicap in the sale, lease or
occupancy of the property.
5. Under,round Utilit~ Lines .
Utility lines will be required to be underground and
located within the public right-of-way, public utility
easements and easements granted by private developers.
Other provisions Necessar~ to Meet State and Local
Requirements
This Redevelopment Plan is based on the provisions of the
Virginia Housing Authorities Law and of the Regulations of
the City of Roanoke. The following requirements have been
met:
1. Conformance to Comprehensive Plan
The Redevelopment Plan for the Kimball Redevelopment
Project conforms to the recommendations of the
Development Plan for the City of Roanoke, Virginia.
2. Relationship to Local Objectives
The Redevelopment'Plan contributes to the realization
of the following local objectives:
Roanoke, Virginia
VA. R-46
R-213; Page 17
a)
b)
c)
To acquire blighted or deteriorated areas which
are detrimental to the safety, health, morals or.
welfare of the community, and to acquire other
real property for the purpose of removing, pre-
venting, or reducing blight, blighting factors,
or the cause of blight. The project area contains
390 structures of which 356 were found to be
dilapidated by a survey of the interior and ex-
terior of all structures. The project area
unquestionably constitutes a blighted or deter-
iorating area as defined in the Uirginia Housing
Authorities Law and the proposed clearance of the
project area constitutes the removal of b~i~%t or
blighting factors permitted by that Law..
To Support and strengthen the g~owth of the City
by eliminating ihcompatible land uses, by provid-
~ng for new and more appropriate uses which will
contribute to the economic base of the area, and
by improving ~raffic movement within the northern
part of the City and region.
To rcmove 'impediments to land disposition and de-
velopment in a critical area near downtown and
-. Roanoke, Virginia
VA. R-46
R-213; Page 18
between %~illiamson Road, Orange Avenue and Inter-
state I{ighway 581.
3. Proposals for Land ~set Bui].d~nq Requirements and
~nd Disposition
The Redevelopment Plan indicates proposed land uses
and building requirements in the project area and in-
dicates the areas to be mad~ available to private
· enterprise and to public enterprise for redevelopment.
RELOCATIO~I
The Redevelopment Plan indicates the following methods of
relocating residents:
1) The temporary relocation of persons living in the
area; and ,
2) Providing decent, safe and sanitary dwellings in the.
City of Roanoke substantially equal'to the number of
substandard dwellings-to be cleared for the area, at
rents within the financial reach of'the income groups
displaced from such substandard dwellings as follows:
a) The City of Roanoke Redevelopment and Housing
Authority will comply with applicable State and
Federal laws and will administer relocation pro-
cedures by %%sing experienced Authority personnel.
Roanoke, Virginia
VA. R-46
R-213; Page 19
3)
b) A fami. ly-by-family survey, together with a survey
of single persons and Commercial establishments,
will be conducted and the data obtained will be
compiled by the Authority staff immediately prior
to or at the time of acquisition.
c) List. ings from newspaper advertisements and realtors
of available rental units will be kept current by
the Authority staff. The existing turnover of
public housing units will be sufficient to rehouse
all eligible families. Turnover in existing
private housing will be sufficient to permanently
or temporarily rehouse all other families and
single persons who will be displaced.
The City of Roanoke Redevelopment and Housing Authority
will consider a dwelling unit to be decent, safe and
sanitary when it:
a) Is in conformity with applicable provisions of
local codes and ordinances governing existing
structures;
Is in good repair, weather-tight with no dal~pness
or leakage;
Roanoke, Virginia
VA. R-46
R-213; Page 20
c)
d)
e)
f)
g)
Contains for ~%e exclusive use of the family,
bathroom facilities, a~equately ventilated, with
a lavatory, bathtub or shower and flush toilet,
all' sewer connected and with a supply of hot and
cold running water;
Contains a kitchen with sink and cook stove or
utility connection for such stove~
Has safe flue-connected heating facilities and
adequate and safe electrical service;.
Has a window Opening directly to the outdoors in
each living room, bedroom and kitchen (In the
event a kitchen has no such window, an operable
mechanical ventilating device is deemed ~o be
adequate.);
~{as sufficient space and rooms in adequate pro-
portion to provide privacy and to avoid over-
crowding.
If any dwelling unit into which a
not decent,
family relocates is
safe and sanitary, such relocation will be
regarded as temporary. The Relocation Staff of the
Authority ;.;kll offer the family so relocated further
assistance in ob.raining standard
acco~nodations.
Roanoke, Virginia
VA. R-46
R-213; Page 21
Families and single persons will be advised in writing
and by personal interview regarding the relocation pro-
cedures. All quarters available or used for the
relocation of persons will be personally inspected by
the Relocation Staff of the Authority and certified as
being safe, decent and sanitary, as warranted. Re-
lOcation will be fully documented and recorded. :
Occupants will be
structures and of plans
to cooperating in their
informed of impending demolition of
of the Authority with respect
relocation. The site families
and single persons will be notified personally and in
writing in order that the Authority is assured that
proper notification has been issued. Legal eviction
will be undertaken against occupants of acquired prop-
erty only as a last resort and shall b~ undertaken in
cases of:
a) Failure to pay rent.
lIa~nta~n~ng a nuisance or uslng the premises for
c)
d)
illegal purposes.
A material breach
Refusal to a~nit
cation staff.
of the rental agreement.
a menmber of the Authority Relo-
Roanoke, Virginia
VA. R-46
R-213; Page 22
e)
Refusal to consider accoIl~odations meeting
relocation standards.
Situations requiring
law. Site families,
commercial' establishments will be
movi'~g expenditures and/or direct
property. In no event will such payments exceed
the maximum amounts permitted by Federal Regulat-
ions governing Relocation Grant pa~ents. The
relocation schedule will be contingent upon the
acquisition of property and cooperation of the
owner or tenant occupying the premises. It will
be administered in a manner ~o prevent undue hard-
ship to any occupant. ~
eviction under State or local
individual householders and
compensated for
loss of personal
PROCEDURES FOR C~{%~NGES I~ APPROVED PITON
The Redevelopment Plan may be modified at any time by the
City. of Roanoke Redevelopment and ~.Iousing Authority with
the consent of the City Council,
after the lease or sale of real
area, the modification shall be
of ~le owners, leasees, or successors
provided ~at, if modified
property in the project
conditioned upon the approval
in interest of any
Roanoke, Virginia
VA. R-46
R-213; Page 23
property adversely affected by such modification, and in
any event shall be subject to such rights at law or in
equit~ as a.leasee or purchaser, or his successor or
successors in interest may be entitled to assert. ~ere
the proposed modification will substantially change the
Redevelopment Plan as 'previousl~ approved by the Authority,
the modification shall be formally approved by the Authority
as in the case of the original Plan.
Roanoke, Virginia
VA. R-46
R-213; Page 24
EXHIBIT A
REVISED BOUNDARY DESCRIPTION
KI~.~ALL REDEVELOP5~NT PROJECT
ROANOKE, VIRGINIA
BEGINNING at the intersection of the north side of Walker Avenue
and the west side of Fifth Street; thence northerly along the west
side of Fifth Street to its intersection with the north side of
Gregory Avenue; ~ence easterly along the north side of Gregory.
Avenue appro×ima'tely 130 feet to a broperty corner: thence northerly
along property lines approxi~nately 390 feet to the south side 0f
5~cDowell Avenue; thence westerly along the south side of McDow~ll
Avenue approximately 75 feet tb the west side of McDowell Avenue,
said west side being the end of McDowell Avenue; thence northerly
aloog the west side of McDowell Avenue to the north side of
McDowell Avenue: thence easterly along the north side of P~cDowe~
Avenue approximately 40 feet to a property corner; thence northerly
along a property line and property line extended approximately 75
feet to the north side of an alley; thence easterly along the north
side of said alley to the west side of Sixth Street; thence northerly
along the west side of Sixth Street and continuing along a property
line approximately' 90 feet to a property corner; thence northwest-
erly along a property line and continuing along the southwest side
of Rockview Avenue approximately 125 feet to the west side of Rock-
view Avenue, said west side being the west end of Rockview Avenue;
Thence northerly along the west side of Rockview Avenue approxi-
mately 10 feet to a property corner; thence northwesterly along
proper~y lines approximately 165 feet to a property corner; thence
northerly along a property line approximately 50 feet to a property
corner; thence easterly along a property line approximately 35 feet
to a property corner; thence northerly along a property line and
property line extended approximately 210 feet to the north side of
Orange Avenue; thence easterly along the north side of Orange Avenue
appro~:imately 270 feet to a property corner; thence northerly along
a property line to the south side of Louisiana Avenue; thence
easterly along the south side of Louisiana Avenue approximately 120
feet to a point; thence northerly across Louisiana Avenue along a
line and propurty line approximately 175 feet to the south side cf
~n alley; thcnce easterly along the south side of said alley approx-
imately 495 feet to a property corner; thence southerly along a
property line, property line extended, and property lines appro~:-
imate!y 430 feet to the north side of Orange Avenue; thence in an
easterly direction along tile north side of Orange Avenue [o tile
%~est right-of-way line of the Norfolk and Western Railroad; thence
southerly along tile west right-of-way line of the Norfolk and
Westcrn Railroad to the south side of I.IcDowell Avenue: thence
westerly along the south side of gcDowell Avenue to tile east -~ide
of Seventh Street; thence southerly along the east side of Seventh
Street to 'the southeast side of Kimball Avenue; thence southwesterly
along the southeast side of Kin~ball Avenue to the north side of
llarrison Avenue; thence southerly along tile east side of Harrison
Avenue, said east side being tile east end of Harrison Avenue, and
continuing along property lines to the northern right-of-way line
of Patton Avenue'; thence easterly a~.ong said right-of-way to tile
'westerly property line of the property o%.a%ed by the Norfolk an,d
Western Railroad; thence southerly and westerly along 'said prop-
erty line to the easterly right-of-way of Shenandoah Avenue; thence
westerly perpendicular to the said right-of-way to the centerline
of Shenandoah Avenue; thence southwesterly and westerly along the
centerline of Shenandoah Avenue to the west side of Fourth Street;
thence northerly along tile west side of Fourth Street to the '
southside of Gilmer Avenue; thence westerly along the southside
of Giln%er Avenue extended approximately 380 feet to the east
right-of-way line of Interstate Route 581; thence generally in a
northerly direction along the east side of Interstate Route 581
approximately 395 feet to a property corner; thence easterly along
a property line approximately 95 feet to a property corner; thence
northerly along a property line appro.~:imately 110 feet' to a
property corner; thence easterly along a property line approx, imately
50 feet to the west side of Fourth Street; thence northerly along
the west side of Fourth Street to the north side of Harrison
Avenue; thence northerly along property lines approximately 255
feet to a point on the north side of Rutherford Avenue extended;
thence easterly along the north side of Rutherford Avenue extcnded
appro;:imately 15 feet to the east side of Williamson Road; thence
gener~lly in a northerly direction aloug the east side of Williamson
Road appro:-:imately 235 feet to a property corner; thence easterly
along a line appro:-:imately 120 feet to the west side of Walker
Avenue, said west side being the '..;est end of Walker Avenue; thence
northerly along the west side of Walker Avenue to the north side
of l','al];er Avenue; thence easterly along the north side of Walker
Avenue to tile place of BEGIi,~i~ING.
This area contains 80.4 acres more or less.
REVISED: December 1, 1971
REVISED: August 1, 1972
-2-
ORANGE AVEHUE
PROJECT BOUNDA~Ry
HIGHWAY ~OMMERCIAL
LIGHT INDUSTRIAL
~UTHE~ORD AVE., N.
LAND USE PLAN
KIMDALL REDEVELOPMENT PROdECT
ROANGKE~ VA. ~ PROJECT NO. VA. R--46
· CITY. OF ROANOKE
REDEVELOPMENT AND HOUSING AUTHORITY
\ '
REVISED: Jur~y 1982 - 'g ~ NO. ~t~-I '
Iv/
121
ACTION:
ACTION;
No one wishing to address the Council with regard to the matter, Dr.
Butler offered the following Resolution:
(#26053) A RESOLUTION approving a certain amendment to Priority No. 8
of the 1995 Thoroughfare Plan Element of the City's Comprehensive Plan.
(For full text of Resolution,'see Resolution Book No. 47, page 262.)
Dr. Butler moved the adoption of the Resolution. The motion was second-
ed by Mr. Garland and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Butler, Garland and Mayor
Taylor ................................................................... 6.
NAYS: None .......................................................... O.
(Council member Bowles was absent.)
HOUSING-STATE HIGHWAYS: Pursuant to Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk having set a public
hearing for Monday, June 14, 1982, at 7:30 p.m., or as soon thereafter as
the matter may be heard in the Council Chamber, on the request of the City
of Roanoke Redevelopment and Housing Authority to amend the Kimball Redevelop-
ment Plan, the ma~ter was before the body.
In this connection, a report of the City Planning Commission reco~ending
approval of the proposed amendments to the Kimball Redevelopment Plan for
the following reasons:
"1.
Amendment of the Land Use Plan and references to land use
designations in the text of the Plan is consistent with
the proposed modification of the Thoroughfare Plan.
Approved, the Thoroughfare Plan modifications will elimi-
nate the need to reserve right of way for the proposed in-
terchange at the intersection of Kimball Avenue, N. E., and
U. S. 460.
Additional proposed amendments will clarify the text of the
Plan in regard to date of revision, reference to City Zon-
ing Ordinance, and Federal Law."
was before Council.
(For full text, see report on file in the City Clerk's Office.)
No one wishing to address the Council with regard to the matter,
Dr. Butler offered the following Resolution:
(#26054) A RESOLUTION approving a certain amendment, being Amendment
No. 6, to the Redevelopment Plan for the Kimball Redevelopment Project,
Project No. VA. R-46, located in the northeast section of the City.
(For full text of Resolution, see Resolution Book No. 47, page 263.)
Dr. Butler moved the adoption of the Resolution. The motion was second-
ed by Mr. Garland and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Butler, Garland and Mayor
Taylor ................................................................... 6.
NAYS: None .......................................................... 0.
(Council member Bowles was absent.)
HOUSING-PLANNING-GRANTS: Pursuant to Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk having set a public
hearing for Monday, June 14, 1982, at 7:30 p.m., or as soon thereafter as
the matter may be heard in the Council Chamber, on proposed amendments to
the Community Development Block Grant Housing Assistance Plan to accom~odate
136 additional units of elderly housing made available through the Department
of Housing and Urban Development, the matter was before the body.
122
ACTION:
ACTION:
In this connection, the City Manager submitted a written report advising
that HUD has advertised that construction/rehabilitation loans for 136
housing tmits for the elderly are available to non-profit sponsors, that the
League of Older Americans made a request to City Council on April 26, 1982,
for an amendment to the City's HAP in order to include the proposed 136
units and requested endorsement of their particular application. Hr. Ewert
noted that additional applicants from within the City are anticipated; that
HUD regulations require HUD approval of all HAP amendments and the current
HAP expires on September 30, 1982.
It was pointed out that the application for the 136 units of Section
202 housing must be submitted to HUD by June 30, 1982, and Jurisdictions are
required to mm~nd their HAP prior to the June 30, 1982, application deadline.
It was reco~ended by the Administration that Council amend the current
HAP to accommodate 136 additional rental units for the elderly, noting that
the housing needs of the elderly citizens of Roanoke are significant and
these additional units will help fulfill that need, that timeliness will be
ensured, and the HAP goal achievement will be reduced as a result of propor-
tional increases in all other housing typesl however, HUD officials have
assured the City that this will have no detrimental effect on the CDBG
entitlement.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#26055) AN ORDINANCE amending the City's Community Development Block
Grant Housing Assistance Plan; authorizing the City Manager or the Assistant
City Manager to file appropriate papers, if necessary, with the United
States Department of Housing and Urban Development to effect such amendment
to the City's Plan; end providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 263.)
Mr. Garland moved the adoption of the Ordinance. The motion was seconded
by Mr. Harvey.
With reference to the specific request of the League of Older Americans
and the Catholic Diocese of Richmond presented at the meeting of Council on
Monday, April 26, 1982, that the City of Roanoke support their application
for said loan funds, in addition to modifying the City's Housing Assistance
Plan, the City Manager submitted a written report recommending that Council
delay endorsement of any application for Section 202 loan funds until all
local applications are submitted to HUD.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bruce Bloodworth, President, League of Older Americans, appeared
before Council and advised that there is a great need for this type of
project in the City of Roanoke, noting that they have an option on a site in
an area where many older citizens will take advantage of the facility, that
plans are progressing well and it is hoped that this facility will be presented
to the City.
The following vote was recorded on Ordinance No. 26055:
AYES: Council members Harvey, Musser, Trout, Butler, Garland and Mayor
Taylor ................................................................... 6.
NAYS: None .......................................................... O.
(Council member Bowles was absent.)
With regard to the report of the City Manager pertaining to the specific
request of the League of Older Americans, Mr. Harvey moved that Council
concur in the reconnnendation of the City Manager that endorsement of any
application for Section 202 loan funds be delayed until all local applications
are submitted to HUD. The motion was seconded by Mr. Trout and adopted.
ACTION:
ACTION:
ACTION:
CONSENT AGENDA:
The Hayor advised that all matters listed under the Consent Agenda are
considered to be routine by the City Council and will be enacted by one
motion in the forms listed on the agenda, end if discussion is desired, that
item will be removed from the Consent Agenda and considered separately. He
noted that included on the Consent Agenda are requests for three Executive
Sessions to discuss personnel matters relating to vacancies on various
authorities, boards, commissions and co~ittees appointed by the Council pur-
suant to Section 2.1-344 (1), Code of Virginia (1950), as amended; that Mr.
Trout had requested an Executive Session to discuss a personnel matter
pursuant to Section 2.1-344 (1), Code of Virginia (1950), as amended; and
the City Manager had requested an Executive Session to discuss a contractual
matter.
MINUTES: Minutes of the special meetings of Council held on Friday,
May 7, 1982; Saturday, May 8, 1982; and Monday, May 14, 1982; and the regular
meeting held on Monday, May 24, 1982, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Musser moved that the reading of the minutes be dispensed with and
that the minutes be approved as recorded. The motion was seconded by Mr.
Garland and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Butler, Garland and Mayor
Taylor .................................................................... 6.
NAYS: None .......................................................... 0.
(Council member Bowles was absent.)
COUNCIL: A co~unication from Mayor Noel C. Taylor requesting that
Council meet in ~xecutive Session to discuss personnel matters pursuant to
Section 2.1-344 (1), Code of Virginia (1950), as amended, was before the
body.
(For full text:, see com-,,nication on file in the City Clerk's Office.)
Mr. Musser moved that Council concur in the request. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Butler, Garland and Mayor
Taylor .................................................................... 6.
NAYS: None .......................................................... 0.
(Council member Bowles was absent.)
COUNCIL: A co~unication from Council member James O. Trout requesting
that Council meet in Executive Session to discuss a personnel matter pursuant
to Section 2.1-344 (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. The motion was
seconded by Mr. Garland and adopted by the 'following vote:
AYES: Council members Harvey, Musser, Trout, Butler, Garland and Mayor
Taylor .................................................................... 6.
NAYS: None .......................................................... O.
(Council member Bowles was absent.)
COUNCIL: A report of the City Manager requesting an Executive Session
to discuss a contractual matter, was before the body.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
ACTION:
ACTION:
ACTION:
Mr. Musser moved that Council concur in the request. The motion was
seconded by Hr. Garland and adopted by the following vote:
AYES: Council members Harvey, Husser, Trout, Butler, Garland and Hayor
Taylor ............... ~ ................................................... 6.
NAYS: None ......................................................... O.
(Council member Bowles was absent.)
(At a later point in the meeting, the City Manager withdrew the above request.)
CITIZENS' SERVICES COMMITTEE: A report of the City Clerk advising that
on May 24, 1982, a report of the Citizens' Services Committee transmitting
recommendations for funding of qualified agencies, and recommending a transfer
of funds for payment of performm~ce audits was before the Council; that at
that time Council adopted Ordinance No. 26040 to effect the transfer of
funds, but Council did not act on the recommendations of the Committee. The
City Clerk advised that the report is placed on Council's agenda for concurrence
in the reconunendations of the Committee.
(For full text, see report of the City Clerk and the Citizens' Services
Committee on file in the City Clerk's Office.)
Mr. Musser moved that Council concur in the recommendations of the
Citizens' Services Committee. The motion was seconded by Hr. Garland and
adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Butler, Garland and Mayor
Taylor .................................................................... 6.
NAYS: None .......................................................... 0.
(Council member Bowles was absent.)
PENDING ITEMS: A list of items pending from February 7, 1977, through
May 24, 1982, was before Council.
(For full text, see list on file in the City Clerk's Office.)
Mr. Musser moved that the list be received and filed. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Butler, Garland and Mayor
Taylor .................................................................... 6.
NAYS: None .......................................................... O.
(Council member Bowles was absent.)
PLANNING: The report of qualification of Mr. James O. Trout to fill
the unexpired term of Mr. Hampton W. Thomas, resigned, ending June 30, 1982,
and Mr. Howard E. Musser to fill the unexpired term of Hr. Charles L. Landis,
resigned, ending June 30, 1984, as members Of the Fifth Planning District
Co~nission, was before Council.
(See Oaths of Office on file in the City Clerk's Office.)
Mr. Musser moved that the reports of qualification be received and
filed. The motion was seconded by Mr. Garland and adopted by the following
vote:
AYES: Council members Harvey, Musser, Trout, Butler, Garland and Mayor
Taylor .................................................................... 6.
NAYS: None ......................................................... 0.
(Council member Bowles was absent.)
125
ACTION:
HOUSING: The report of qualification of Ms. Catherine D. Harvey and
Mr. Paul C. Dress as members of the Fair Housing Board for terms of three
years each ending March 31, 1985, was before Council.
(See Oaths 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 Hr. Garland and adopted by the following
vote:
AYES: Council members Harvey, Musser, Trout, Butler, Garland and Mayor
Taylor .................................................................... 6.
NAYS: None .......................................................... O.
(Council member Bowles was absent.)
REGULAR AGENDA:
ACTION:
ACTION:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND CO~IUNICATIONS:
PENSIONS: Council member Musser advised that he had recieved a number
of telephone calls from City retirees inquiring about a cost of living
increase, and called upon the Director of Finance for a response.
The Director of Finance advised that in February, the Mayors' Advisory
Committee studying the pension plan requested certain information from
George B. Buck Consulting Actuaries, in regard to a cost of living increase
for City retirees, noting that he had Just received the information that day
and had not had an opportunity to review its contents. Mr. Schlanger said
the matter could be handled in one of two ways: the entire report could be
referred to the Mayors' Advisory Committee for a recommendation to Council,
or, he could submit a report to Council at its next regular meeting on that
specific portion of the actuarial report dealing with increases for retirees.
Mr. Musser moved that the Director of Finance be requested to submit
a written report to Council at its next regular meeting on Monday, June 28,
1982, in regard to a cost of living increase for City retirees. The motion
was seconded by Mr. Garland and adopted.
HOUSING-SCHOOLS: A communication from the City of Roanoke Redevelop-
ment and Housing Authority transmitting a Comprehensive Plan for the renovation
of Jefferson High School to create approximately eighty units of housing for
elderly and handicapped citizens under the Rehabilitation Program, was
before Council.
(For full text, see co,m~unication on file in the City Clerk's Office.)
Mr. Harvey offered the following Resolution:
(#26056) A RESOLUTION approving a Comprehensive Plan dated June 14,
1982, authorizing and approving the renovation of Jefferson High School,
known as Project VA. 11-13, proposed by the City of Roanoke Redevelopment
and Housing Authority to create approximately eighty (80) units of housing
for elderly and handicapped citizens.
(For full text of Resolution, see Resoluti6n Book No. 47, page 264.)
Mr. Harvey moved the adoption of the Resolution. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Butler, Garland and Mayor
Taylor .................................................................... 6.
NAYS: None .......................................................... O.
126
ACTION:
ACTION:
ACTION:
(Council member Bowles was absent.)
BUDGET-SCHOOLS: A co~nication from the Roanoke City School Board
advising of an adopted $248,073.00 reduction in the fiscal 1982-83 Roanoke
City School Board budget, and encouraging maintenance of the formula utilized
during the past two years to distribute the year-and undesignated fund
balance, was before Council.
(For full text, see co~unication on file in the City Clerk's Office.)
Mr. Harvey moved that the communication be received and filed. The
motion was seconded by Mr. Trout and adopted.
BUDGET-SCHOOLS: A com-,,nication from the Roanoke City School Board
requesting certain appropriations that will be reimbursed by state or federal
funds, as follows:
8,200.00
37,961.20
39,305.40
4,930.00
7,304.99
275,000.00
138,352,91
- ESEA Title IV-C Child-Parent Centers
- Child Development Clinic
- Bureau of Crippled Children
- Language Learning Center
- Refugee Children Transition Program
- Transfers within the General Fund
- Transfer from the FY 8i Undesignated
Fund Balance account to the Capital
Fund
was before Council.
(For full text, see communication on file in the City Clerk's Office.)
A report of the Director of Finance recommending that Council concur
in the request of the School Board, was also before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#26057) AN ORDINANCE to amend and reordain certain sections of the
1981-82 General and Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 265.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Dr. Butler and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Butler, Garland and Mayor
Taylor ................................................................... 6.
NAYS: None .......................................................... 0.
(Council member Bowles was absent.)
Mr. Trout offered the following emergency Ordinance transferring the
1980-81 end of year undesignated fumd balance of $138,352.91 to a separate
capital account to be carried over to the next fiscal year:
(#26058) AN ORDINANCE to amend and reordain certain sections of the
1981-82 General and Capital Fund Appropriations, and providing for an emer-
gency.
(For full text of Ordinance, see Ordinance Book No. 47, page 267.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Dr. Butler and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Butler, Garland and Mayor
Taylor .................................................................... 6.
NAYS: None .......................................................... O.
127
ACTION:
ACTION:
ACTION:
ACTION:
(Council member Bowles was absent.)
REPORTS OF OFFICERS:
BRIEFINGS: NONE.
ITEHS RECOMHENDED FOR ACTION:
SPECIAL ?EI~IITS-ZONING: The City Manager submitted a written report in
connection with a request of Mr. Richard E. Sellers for a temporary revo-
cable permit for the home occupation of repairing radios at 3037 Salem
Turnpike, N. W., recommending that the request be denied.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered an Ordinance granting the request of Mr. Sellers.
The motion was seconded by Mr. Musser.
Mr. Garland offered a ~ubstitute motion that the request be referred
back to the City Manager to conduct a poll of adjoining property owners to
ascertain if there are any objections to the request. The motion was seconded
by Dr. Butler and adopted.
It was also requested that the City Manager submit a report and recommenda-
tion to Council as to the area in which residents should be surveyed in
connection with similar requests in the future.
AIRPORT: The City Manager submitted a written report recommending
authorization to execute FAA Lease No. DTFAO5-82-L-60490 to provide for the
use of the former Radar Facility Building site as a utility building by the
FAA.
(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:
(#26059) AN ORDINANCE authorizing and directing the proper City Officials
to enter into a lease between the City and the United States of America, Federal
Aviation Administration for use of a utility building and surrounding parcel of
land at Roanoke Municipal Airport, Woodrum Field, upon certain terms and condi-
tions.
(For full text of Ordinance, see Ordinance Book No. 47, page 288.)
The motion was secouded by Mr. Musser and adopted by the following
vote:
AYES: Council members Harvey, Musser, Trout, Butler, Garland and Mayor
Taylor .................................................................... 6.
NAYS: None .......................................................... 0.
(Council member Bowles was absent.)
AIRPORT: The City Manager submitted a written report recormnending
authorization to execute State Department of Aviation grant amendments to
ADAP Projects 07 and 09, in order to utilize previously authorized remaining
funds.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler offered the following emergency Ordinance:
(#26060) AN ORDINANCE providing for the amendment of grant contracts
with the Co~onwealth of Virginia, Department of Aviation in connection with
ADAP Project Nos. 6-51-0045-07 and 6-51-0045-09 to utilize remaining funds
to purchase real property necessary for Airport improvement; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 267.)
128
ACTION:
ACTION:
Dr. Butler moved the adoption of the Ordimance. The motion was secomded
by Hr. Harvey and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Butler, Garland and Mayor
Taylor ................................................................ 6.
NAYS: None O.
(Council member Bowles was absent.)
EASEMENTS-C & P TELEPHONE COMPANY: The City Manager submitted a written
report reco~ending authorization for the Mayor to execute an easement
document with the C & P Telephone Company of Virginia, for easements in
Section 9, Gainsboro Community Development Program, to provide service to
residents on Rutherford Court, N. W.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that the following Ordinance be placed upon its first
reading:
(#26061) AN ORDINANCE authorizing the City Manager to execute an ease-
merit for telephone facilities with respect to Section nine, Gainsboro Community
Development Program.
(For full text of Ordinance, see Ordinance Book No. 47, page 288.)
The motiun was seconded by Dr. Butler and adopted by the following
vote:
AYES: Council members Harvey, Musser, Trout, Butler, Garland and Mayor
Taylor ................................................................... 6.
NAYS: None .......................................................... O.
(Council member Bowles was absent.)
BRIDGES: The City Manager submitted a written report recommending
the award of an engineering services reimbursement with a cost ceiling
contract to Hayes, Seay, Mattern and Mattern for performance of the Bridge
Inspection Program, in an amount not to exceed $11,500.00 without further
action by City Council.
(For full text, see report on file in the City Clerk's Office.)
Hr. Trout offered the following emergency Ordinance:
(#26062) AN ORDINANCE authorizing the employment of the professional
services of certain architects and engineers to conduct a bridge inspection
program for the City of Roanoke, upon certain terms and conditions; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 268.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Butler, Garland and
Mayor Taylor .............................................................. 6.
NAYS: None .......................................................... 0.
(Council member Bowles was absent.)
DOWNTOWN ROANOKE-CENTURY PROJECT-PARKS AND PLAYGROUNDS: The City
Manager submitted awritten report recommending authorization to execute a
license to permit certain encroachments in the Church Avenue Park by Firehouse
Associates, owners of adjacent property at 10 East Church Avenue, to encroach
upon the park with an area to be used for a glass enclosure for a sidewalk
cafe or similar use, and a second area to be used for access to an entrance
foyer, and in addition~ to encroach within the air space over the park on
upper floors with building overhangs for windows and cornices, upon certain
terms and conditions.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
ACTION:
ACTION:
129
Mr. Garland moved that the following Ordinance be placed upon its first
reading:
(#26063) AN ORDINANCE authorizing execution of a license agreement
permitting a certain encroachment by Firehouse Associates, a Virginia limit-
ed partnership, owner of property at 10 East Church Avenue, upon certain
property of the City bearing Official Tax No. 4011308, upon certain terms
and conditions.
(For full text of Ordinance, see Ordinance Book No. 47, page 289.)
The motion was seconded by Dr. Butler and adopted by the following
vote:
AYES:
NAYS:
(Council member Bowles was absent.)
voting.)
TRANSPORTATION CENTER-GRANTS:
Council members Musser, Trout, Butler, Garland and Mayor Taylor-5.
None ........................................................... 0.
(Council member Harvey abstained from
The City Manager submitted a written
report recommending authorization for the Mayor to file an application with
the Virginia Department of Highways and Transportation for $199,161.00 in
capital assistance for the Transportation Center, and that appropriate
transfers be made in connection therewith, advising that cost to the City
would be one per cent of the total additional funding needs or $10,482.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance transferring
$10,482.00 from Fund Balance Unappropriated to Mass Transit Facilities -
Intermodal Transportation Center of the 1981-82 Capital Fund Appropriations:
(#26064) AN ORDINANCE to amend and reordain certain sections of the
1981-82 Capital Fund Appropriations and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 268.)
Mr. Garland moved the adoption of the Ordinance. The motion was seconded
by Dr. Butler and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Butler, Garland and Mayor
Taylor .................................................................... 6.
NAYS: None .......................................................... O.
(Cov~cil member Bowles was absent.)
Mr. Garland offered the following emergency Ordinance:
(#26065) AN ORDINANCE authorizing the appropriate City officials to
file an application for amendment to the City's grant from the Commonwealth
of Virginia relative to the proposed Transportation Center; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 269.)
Mr. Garland moved the adoption of the Ordinance. The motion was seconded
by Dr. Butler and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Butler, Garland and Mayor
Taylor .................................................................... 6.
NAYS: None ......................................................... O.
(Council member Bowles was absent.)
TRANSPORTATION CENTER-BUSES: The City Manager submitted a written
report recommending that the appropriate measure be adopted designating the
Greater Roanoke Transit Company as legal recipient of state transportation
funds, following the award of an amendment to the current Transportation
Center grant to the City.
(For full text, see report on file in the City Clerk's Office.)
130
ACTION:
ACTION:
ACTION:
Mr. Trout offered the following Resolution:
(#26066) A RESOLUTION designating Greater Roanoke Transit Company as
the legal recipient of state transportation grant funds.
(For full text of Resolution, see Resolution Book No. 47, page 269.)
Mr. Trout moved the adoption of the Resolution. The motion was seconded
by Mr. Musser and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Butler, Garland and Mayor
Taylor ................................................................... 6.
NAYS: None ......................................................... O.
(Council member Bowles was absent.)
CLEAN VALLEY COMMITTEE-GRANTS: The City Manager submitted a written
report recommending that the Clean Valley Committee be designated as recipient
of the Division of Litter Control grant funds for the year beginning July 1,
1982.
(For full text, see report on file in the City Clerk's Office.)
Mr, Trout offered the following Resolution:
(#26067) A RESOLUTION designating the Clean Valley Committee, Inc., to
develop a coordinated litter control program for the entire Roanoke Valley
and authorizing such Co~,tttee to apply for certain grant funds from the
Commonwealth for operation of such program.
(For full text of Resolution, see Resolution Book No. 47, page 269.)
Mr. Trout moved the adoption of the Resolution. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Butler, Garland and Mayor
Taylor .................................................................... 6.
NAYS: None .......................................................... 0.
(Council member Bowles was absent.)
DOWNTOWN CENTURY PROJECT-CAPITAL.IMPROVEMENTS PROGRAM: The City Manager
submitted a written report recommending that he be authorized to execute
Change Order No. 1 to the basic design services contract with Hayes, Seay,
Mattern and Mattern, for downtown street lighting, in the amount of $8,206.00;
approval of the funding for the change order from the Undesignated Capital
Fund Balance account in the amount of $8,206.00; and that f~nding be transferred
to the Downtown Street Lighting design account.
(For full text, see report on file in the City Clerk's Office.)
Mr Trout offered the following emergency Ordinance transferring $8,206.00
from Fund Balance Unappropriated to Streets and Bridges - Downtown Street
Lighting & Improvements of the 1981-82 Capital Fund Appropriations:
(#26068) AN ORDINANCE to amend and reordain certain sections of the
1981-82 Capital Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 271.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Butler, Garland and Mayor
Taylor .................................................................... 6.
NAYS: None ......................................................... 0.
(Council member Bowles was absent.)
131
ACTION:
ACTION:
ACTION:
Hr. Trout offered the following emergency Ordinance:
(#26069) AN ORDINANCE approving the City Manager's issuance of Change
Order No. 1 to the City's contract with Hayes, Seay, Matter~ & Mattern for
certain engineering and design services related to the Downtow~l Street Light-
ing portion of the Century Project; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 271.)
Hr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Butler, Garland and Mayor
Taylor .................................................................... 6.
NAYS: None .......................................................... O.
(Council member Bowles was absent.)
PARKS AND PLAYGROUNDS-CENTURY PROJECT: The City Manager submitted a
written report reco~ending that he be authorized to execute Change Order No.
1 to the basic design services contract with Moore, Grover, Harper for design
of Elmwood Park, in the amount of $19,770.00; that funding be approved from
the Undesignated Capital Fund Balance account in the amount of $19,770.00;
and that funding be transferred to the Elmwood Park design account.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance transferring $19,770.00
from Fund Balance Unappropriated to Recreation - Elmwood Park of the 1981-82
Capital Fund Appropriations:
(#26070) AN ORDINANCE to amend and reordain certain sections of the
1981-82 Capital Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 271.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Butler, Garland and Mayor
Taylor .................................................................... 6.
NAYS: None ......................................................... 0.
(Council member Bowles was absent.)
Mr. Trout offered the following emergency Ordinance:
(#26071) AN ORDINANCE approving the City Manager's issuance of Change
Order No. 1 to the City's contract with Moore, Grover, Harper for archi-
tectural and engineering services related to the Elmwood Park Extension and
the Elmwood Fountain and Rose Garden; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 272.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Butler, Garland and Mayor
Taylor .................................................................... 6.
NAYS: None ......................................................... O.
(Council member Bowles was absent.)
132
ACTION:
ACTION:
ACTION:
PARKS AND PLAYGROUNDS: The City Manager submitted a written report in
connection with Change Order No. 2 to the contract with Boxley Construction
Company for improvements to five City parks, in the ~mount of $19,428.00,
to reconstruct the tennis courts in Eureka Park with no additional time for
completion of the contract, said change order to increase the total construc-
tion contract to $358,719.54; and that Council approve the transfer of $4,614.74
as follows: from Capital Improvement Reserve - Completed Projects Excess
Appropriation Account to Park Improvements Account at the discretion of the
Director of Finance.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler offered the following emergency Ordinance transferring
$4,614.74 from Capital Improvement Reserve - Completed Projects Excess
Appropriations to Recreation - Five City Park Improvements of the 1981-82
Capital Fund Appropriations:
(#26072) AN ORDINANCE to amend and reordain certain sections of the
1981-82 Capital Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 272.)
Dr. Butler moved the adoption of the Ordinance. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Butler, Garland and Mayor
Taylor .................................................................... 6.
NAYS: None .......................................................... 0.
(Council member Bowles was absent.)
Dr. Butler offered the following emergency Ordinance:
(#26073) AN ORDINANCE authorizing the issuance of Change Order No. 2 to
the City's contract with Boxley Construction Company, Inc., for improvements
to five City parks; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 273.)
Dr. Butler moved the adoption of the Ordinance. The motion was seconded
by Mr. Musser and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Butler, Garland and Mayor
Taylor .................................................................. 6.
NAYS: None .......................................................... O.
(Council member Bowles was absent.)
CITY GARAGE-SALE/PURCHASE OF PROPERTY-CITY PROPERTY: The City Manager
submitted a written report concurring in a report of the Bid Co~nittee
recommending sale of the old City Garage property to Michael R. Ashby, for
the sum of $60,000.00; agreement to renovate the old stables according to a
plan to be approved by the City Manager within 30 months; expenditure of
$47,900.00 toward renovation of the stables; and a one-year option to allow
Mr. Ashby time to request rezoning and a special exception from the Board of
Zoning Appeals to operate a motor vehicle recycling business on the site.
(For full text, see reports on file in the City Clerk's Office.)
Dr. Butler offered the following Resolution:
(#26074) A RESOLUTION amending Resolution No. 23198, adopted August 23,
1976, declaring the old City Garage property surplus and providing that the
building be razed prior to its sale.
(For full text of Resolution, see Resolution Book No. 47, page 273.)
133
ACTION:
ACTION:
Dr. Butler moved the adoption of the Resolution. The motion was seconded
by Mr, Harvey and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Butler, Garland and Mayor
Taylor .......................................................... ~ ........ -6.
NAYS: None ......................................................... O.
(Council member Bowles was absent.)
Dr. Butler moved that the following Ordinance be placed upon its first
reading:
(#26075) AN ORDINANCE authorizing the appropriate City officials to
grant to Michael R. Ashby an option to purchase the old City Garage property.
(For full text of Ordinance, see Ordinance Book No. 47, page 273.)
The motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Butler, Garland and Mayor
Taylor .................................................................... 6.
NAYS: None .......................................................... O.
(Council member Bowles was absent.)
BUDGET-INDUSTRIES: The City Manager submitted a written report recom-
mending that $30,000.00 budgeted for economic development be transferred to a
Special Capital Project Fund Account to be established by the Director of
Finance, advising that Council appropriated $30,000.00 of the fiscal year
1981 undesignated fund balance for economic development on November 23, 1981,
and funds were to be utilized in partnership with the Roanoke Valley Industrial
Fact Finding Commission to develop site feasibility, detailed site analysis,
cost benefit analysis, and Corps of retired commmnity executives to work,
without compensation, in the retention, promotion of industry/business and
economic growth of the City. Mr. Ewert pointed out that the need for funds
for these economic development purposes as abovedescribed still exists and
timing is important as the funds must be transferred before the end of the
fiscal year if work is to continue on these economic development matters.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#26076) AN ORDINANCE to amend and reordaiu certain sections of the
1981-82 General and Capital Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 274.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Butler, Garland and Mayor
Taylor .................................................................... 6.
NAYS: None .......................................................... O.
(Council member Bowles was absent.)
BUDGET-CIVIC CENTER-HANDICAPPED PERSONS: The City Manager submitted a
written report recommending that Council appropriate $71,190.00 to cover the
cost of certain operating expenses at the Civic Center and providing handi-
capped restroom facilities in the Civic Center Coliseum, recommending that
Council increase the revenue estimate of $55,190.00 for Coliseum Rentals;
appropriate $12,600.00 to Water and Sewage, $20,754.00 to Gas, $5,700.00 to
Event Expenses - Police, $5,100.00 to Event Expenses - Ushers, $11,036.00
to Promotional Advertising and transfer $16,000.00 from Contingency Reserve
to Civic Center Fund.
(For full text, see report on file in the City Clerk's Office.)
ACT ION:
ACTION:
ACTION:
Dr. Butler offered the following emergency Ordinance:
(#26077) AN ORDINANCE to amend and reordain certain sections of the
1981-82 Civic Center Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 274.)
Dr. Butler moved the adoption of the Ordinance. The motion was seconded
by Mr. Musser and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Butler, Garland and Mayor
Taylor .................................................................... 6.
NAYS: None .......................................................... 0.
(Council member Bowles was absent.)
BUDGET-LIBRARIES: The City Manager submitted a written report recommending
that $17,000.00 be transferred from Social Services - Services Budget to
Library Budget, reduce Social Services - Services Purchased Services by $85,000.00,
and transfer $17,000.00 to Library budget as follows: $5,000.00 to Books and
Publications and $12,000.00 to Electric, and reduce the City revenue account
by $68,000.00, said funds needed in connection with continued operation of
the Library for the remainder of this fiscal year.
(For full text, see report on file in the City Clerk's Office,)
Mr. Trout offered the following emergency Ordinance:
(#26078) AN ORDINANCE to amend and reordain certain sections of the
1981~82 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 275.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Dr. Butler and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Butler, Garland and Mayor
Taylor ...................................................................
NAYS: None .......................................................... 0.
(Council member Bowles was absent.)
BUDGET-PUBLIC ASSISTANCE: The City Manager submitted a written report
recommending that $138,034.00 be appropriated to the Fuel Assistance budget,
representing additional state funds made available to carry the Fuel Assistance
Program through the remainder of fiscal year 1981-82.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#26079) AN ORDINANCE to amend and reordain certain sections of the
1981-82 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 276.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Butler, Garland and Mayor
Taylor .................................................................... 6.
NAYS: None .......................................................... O.
(Council member Bowles was absent.)
CITY ATTORNEY:
135
ACTION:
ACTION:
REGISTRAR-ELECTIONS-CITY EMPLOYEES: The City Attorney submitted a written
report transmitting Ordinances i~ connection with providing that the Registrar
and her employees be included as City employees entitled to receive City
benefits, and providing for the compliance by the Registrar and her deputies
and employees with certain City personnel policies as set forth in the Code
of the City of Roanoke (1979), as =~uded, and in the Personnel Operating
Procedures of the City.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#26080) AN ORDINANCE authorizing a certain contract to be entered into
with the Roanoke City Electoral Board to provide that the Registrar and her
employees will be entitled to certain City benefits and shall comply with
certain provisions of the City personnel rules and regulations; end providing
for an emergency.
(For full text of Ordinance, see Ordinance hook No. 47, page 276.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Butler, Garland and Mayor
Taylor .................................................................... 6.
NAYS: None .......................................................... 0.
(Council member Bowles was absent.)
Mr. Trout offered the following emergency Ordinance:
(#26081) AN ORDINANCE amending Chapter 10, Elections, of the Code of
the City of Roanoke (1979), as amended, by adding new Section 10-3, Duties
and Responsibilities of Resistrar, Section 10-4, Compensation of Registrar
and Section 10-5, Application of Section 2-38 through Section 2-41, setting
forth the duties amd responsibilities of the Registrar, provfding for the
compensation to be paid the Registrar, and providing that the Registrar may
enter into an agreement with the City; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 277.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Dr. Butler and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Butler, Garland and Mayor
Taylor .................................................................... 6.
NAYS: None .......................................................... O.
(Council member Bowles was absent.)
ZONING-PARKS AND PLAYGROUNDS: The City Attorney submitted a written
report advising that at the Council meeting on May 24, 1982, Council had
before it a report of the City Manager recommending that lighted athletic
facilities for the play of baseball, softball, soccer and football cease
operation at 10:00 p.m., nightly, and Council referred the matter to the City
Attorney for preparation of the appropriate measure, transmitting an Ordinance
that applies uniformly to all lighted athletic facilities for the play of
baseball, softball, soccer and football; secondly, he advised that the
Ordinance has no application to lighted basketball and tennis courts; and
thirdly, it should be noted that the Ordinance applies only to those athletic
complexes that are located within or are contiguous to RS zoning districts of
the City.
(For full text, see report on file in the City Clerk's Office.)
136
ACTION:
ACTION:
Mr. Trout offered the following emergency Ordinance:
(#26082) AN ORDINANCE amending the Code of the City of Roanoke (1979),
as amended, by emacting new Section 21~43.1, Prohibition a~ainst operation
of certain lighted athletic facilities after 10:00 p.m.; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 277.)
Mr. Trout moved the adoption of the Ordinance, The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Butler, Garland and Mayor
Taylor .................................................................... 6.
NAYS: None .......................................................... O.
(Council member Bowles was absent.)
Mr. Charles C. Sherertz, 1555 Coral Ridge Road, S. W., appeared before
Council in support of the Resolution.
RADIO-TELEVISIONLEGISLATION: The City Attomey submitted a written
report advising that the Senate Committee on Co~erce, Science and Transporta-
tion is considering S. 2172 and S. 2445, entitled the Cable Telecommunications
Act of 1982 and the Cable Teleco~unicatlons Competition and Deregulation Act
of 1982, respectively, which would seriously weaken local government authority
to regulate cable television franchises, franchise fees and user rates. He
pointed out that the United States Conference of Mayors opposes these bills
and maintains that either the Committee on Co~uerce, Science and Transporta-
tion defer this consideration pending further study or that the Co~ittee
amend these bills to remove provisions contrary to the interests of cities
and the Conference asked that member cities support it by adopting and delivering
to key legislators Resolutions consistent with its position; and transmitting
the appropriate measure for the consideration of Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
(#26083) A RESOLUTION expressing the position of this Council that
local governments should have the authority to regulate cable television
franchises, franchise fees and user rates and expressing opposition to S.
2172 and S. 2445.
(For full text of Resolution, see Resolution Book No. 47, page 278.)
Mr. Trout moved the adoption of the Resolution. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Butler, Garland and Mayor
Taylor .................................................................... 6.
NAYS: None ......................................................... O.
(Council member Bowles was absent.)
DIRECTOR OF FINANCE:
LEGISLATION-TAXES: The Director of Finance and the City Treasurer
submitted a joint wrltten report requesting that three items of legislati~
passed during the 1982 Session of the General Assembly with regard to collect-
ing delinquent taxes and receiving bad checks be referred to the City Attorney
for preparation of the proper measure to be incorporated into the City's
Ordinances.
(For full text, see report on file in the City Clerk's Office.)
137
ACTION:
ACTION:
ACTION:
Mr. Trout moved that Council concur in the recommendation amd that
the report be referred to the City Attorney 'for preparation of the proper
measure. The motion was seconded by Hr. Harvey a~d adopted.
BUDGET-HOUSING: The Director of Finance submitted a written report
recomm-nding the appropriation of $43,522.26 representing additional parking
lot income received from the City of Roanoke Redevelopment and Housing Authority,
advising that the City is required to use the income for a community development
activity.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#26084) AN ORDINANCE to amend and reordain certain sections of the
1981-82 Grant Fund Appropriations and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 279.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Hr. Garland and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Butler, Garland and Mayor
Taylor .................................................................... 6.
NAYS: None .......................................................... 0.
(Council member Bowles was absent.)
BUDGET-HOUSING-GRANTS: The Director of Finance submitted a written
report advising that by agreement with the City of Roanoke, the Roanoke
Redevelopment and Housing Authority administers a significant segment of the
City's Community Development Block Grant Program, that the Housing Authority
receives program income during the course of its administration of various
projects by disposing of real estate and equipment, by renting properties,
and by receiving rehabilitation loan repayments from project area residents;
that the Housing Authority is required to transfer this program income to the
City of Roanoke and the City is required to use the income for a community
development activity. Mr. Schlanger advised that the Housing Authority ham
made payment to the City, in the amount of $10,284.68, for the following
categories of program income: $1,296.00 in rental payments by tenants in
urban renewal projects and $8,988.68 in rehabilitation loan repayments by
project residents. He recomended that Council appropriate the total of
$10,284.68 in program income received from the Housing Authority as follows:
$1,296.00 to account A3566g100416, Unprogrammed C.D.B.G. -
Unsettlement. This ~mount is income from the rental of
property to tenants not subject to repayment to H.U.D. The
total of $1,296.00 will be available for future appropria-
tion transfers for a community development purpose; and
$8,988.68 to account A35668100415, Unprogrammed C.D.B.G. -
Rehabilitation Loans. This amount is income from the repay-
ment of rehabilitation loans by project residents. The total
of $8,988.68 will be available for future appropriation trans-
fers for a co,unity development purpose."
Mr. Trout offered the following emergency Ordinance:
(#26085) AN ORDINANCE to amend and reordain certain sections of the
1981-82 Grant Fund Appropriations and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 279.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Butler, Garland and Mayor
Taylor .................................................................... 6.
NAYS: None .......................................................... 0.
(Council member Bowles was absent.)
138
ACTION:
ACTION:
ACTION:
P. EPORTS OF CO~4ITTEES:
ROANOKE CITY ARTS CO~ISSION-CITY GOVERNMENT: Mrs. Kathryu R. Willis,
Chairman of the Roanoke City Arts Commission, appeared before Council and
presented a report recommending approval of a proposal, made with the support
of the Sister Cities Committee, regarding the exhibit of Sister Cities
material, and that $1,500.00 be allocated for expenses incurred in the pro-
fessional assembly of the exhibit.
(For full text, see report on file in the City Clerk's Office.)
Hr. Trout moved that Council concur in the request and that a maximum
of $1,500.00 be approved, with all activities to be subject to approval of
the City Manager. The motion was seconded by Mr. Harvey and adopted.
PENSIONS: A report of the Board of Trustees, Employees' Retirement
System, transmitting the actuarial report of the Employees' Retirement System
as prepared by George B. Buck Consulting Actuaries, Incorporated, for the
year ended June 30, 1981, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that the report be received and filed. The motion was
seconded by Mr. Harvey and adopted.
DOWNTOWN CENTURY PROJECT-PARKING GARAGE: Councilman Robert A. Garland,
Chairman of the committee appointed by the Mayor to tabulate bids received
for the Williamson Road parking garage, Century Project No. 08-06, submitted
a written report of the committee recommending the award of a lump sum contract
to Avis Construction Company, Incorporated, in the amount of $1,333,000.00
for the base bid and a construction time of 300 consecutive calendar days;
and that funding for the project be as follows:
UDAG Grant Funding
Reimbursement from Western Virginia
Foundation for the Arts and Sciences
for land
Redevelopment and Housing Authority dis-
position of proceeds from sale of land
$ 986,005.50
132,000.00
and funding to be transferred to the Williamson Road Parking Garage Account
as follows:
Construction account
Contingency account
Total
$1,333,000.00
90~005.50
$1,423,005~50
(For full text, see report on file im the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#26086) AN ORDINANCE to amend and reordain certain sections of the
1981-82 Capital and Grant Fond Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 280.)
Mr. Garland moved the adoption of the Ordinance. The motion was seconded
by Dr. Butler and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Butler, Garland and Mayor
Taylor .................................................................... 6.
NAYS: None .......................................................... 0.
(Council member Bowles was absent.)
TOTAL $1,423,005.50
305~000.00
139
ACTION:
ACTION:
ACTION:
Mr. Garland offered the following emergency Ordinance:
(#26087) AN ORDINANCE providing for the implementation of Century
Project 08-06, consisting of the construction of a 321 space parking garage
on Willi~mmon Road, being the first phase of such project, upon certain terms
and conditions, by accepting the lowest bid mede to the City; authorizing
execution of the requisite contract; rejecting certain other bids; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 280.)
Mr. Garland moved the adoption of the Ordinance. The motion was seconded
by Dr. Butler amd adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Butler, Garland and Mayor
Taylor .................................................................... 6.
(Council member Bowles was absent.)
In this connection, the City Manager submitted a w~itten report recommending
approval of the above committee report, and authorization to execute a U.D.A.G.
contract amendment extending the garage completion deadline of the Williamson
Road and Market District parking garage projects from September 1, 1982, to
April 30, 1983.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following Resolution:
(#26088) A RESOLUTION authorizing the City Manager to execute a certain
amendment to the Urban Development Action Grant (UDAG) agreement pertaining
to the Williamson Road and Market District parking garage projects.
(For full text of Resolution, see Resolution Book No. 47; page 281.)
Mr. Garland moved the adoption of the Resolution. The motion was seconded
by Dr. Butler and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Butler, Garland and Mayor
Taylor .................................................................... 6.
NAYS: None .......................................................... 0.
(Council member Bowles was absent.)
MUNICIPAL BUILDING-FIRE DEPARTMENT-STADIUM: Councilman Robert A. Garland,
Chairman of the committee appointed by the Mayor to tabulate bids received
for roof replacement at the Municipal Building Annex, Fire Station No. 10 and
National Guard Armory Area D, submitted a written report of the co-,-ittee
recommending that the low bids of I. N. McNeil Roofing and Sheet Metal Co., Inc.,
for the Municipal Building Annex and National Guard Armory Area D, for the
sum of $50,609.00 and 120 consecutive calendar days; and the low bid of
Valley Roofing Co., Inc., for roof replacement at Fire Station No. 10 for the
sum of $22,630.00 and 90 consecutive calendar days~ he accepted, advising that
the total for all three projects is $73,239.00.
(For full text, see report on file ia the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#26089) AN ORDINANCE awarding contracts for roof replacement work at
the Municipal Building Annex, Fire Station No. 10, and Area D of the National
Guard Armory, upon certain terms and conditions, by accepting the lowest bids
made to the City; authorizing execution of the requisite contracts; rejecting
certain other bids; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 281.)
140
ACTION:
ACTION:
Hr. Garland moved the adoption of the Ordinance. The motion was seconded
by Mr. Trout and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Butler, Garland and Mayor
Taylor .................................................................... 6.
NAYS: None ......................................................... -0.
(Council member Bowles was absent.)
BUDGET-SEWERS AND STORM DRAINS: Councilman Robert A. Garland, Chairman
of the committee appointed by the Mayor to tabulate bids received for Garden
City Boulevard sanitary sewer replacement, Phase II, submitted a written
report of the co~ittee recommending that the bid of J. P. Turner & Brothers,
Inc., in the amount of $60,931.80, be accepted; establishment of a contingency
of $4,068.20 for the project; and that funding be as follows:
Unidentified Replacement
Private Contribution
Total
$ 3~,OOO.00
15,000.00
15~000.00
$ 65,000.00
transfer $15,000.00 from Account No. A03210790001 to Account No. A03511091900;
appropriate $15,000.00 to Account No. A03511091900 and establish a receivable
account to accept the $15,000.00 private contribution; and that all other
bids be rejected.
(For full text, see report on file in the City Clerk's Office.)
In this connection, a report of the City Manager recommending that
Council concur in the recommendation of the Bid Committee, was before the
body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#26090) AN ORDINANCE to amend and reordain certain sections of the
1981-82 Sewage Fund Appropriation Ordinance, end providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 282.)
Mr. Garland moved the adoption of the Ordinance. The motion was seconded
by Dr. Butler and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Butler, Garland and Mayor
Taylor .................................................................... 6.
NAYS: None .......................................................... 0.
(Council member Bowles was absent.)
Mr. Garland offered the following emergency Ordinance:
(#26091) AN ORDINANCE accepting a bid end awarding a contract for the
construction of the Garden City Boulevard Sanitary Sewer Replacement, Phase
II; authorizing the proper City officials to execute the requisite contract;
rejecting certain other bids made therefor; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 282.)
Mr. Garland moved the adoption of the Ordinance. The motion was seconded
by Dr. Butler end adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Butler, Garland and Mayor
Taylor .................................................................... 6.
NAYS: None .......................................................... 0.
(Council member Bowles was absent.)
141
ACTION:
ACTION:
ACTION:
BUDGET-SIDEWALK, CURB AND GUTTER: Councilman Robert A. Garland, Chairman
of the committee appointed by the Ma~or to tabulate bids received for storm
drain, curb and gutter on Cornell Drive', Vancouver Drive and Rutgers Street,
N. W., submitted a written report of the committee recommaending that the bid
of S. R. Draper Paving Company, in the -mount of $41,831.55, be accepted;
establishment of a five per cent contingency of $2,095.00 for the construction
contract, in a form acceptable to the City Attorney; and authorization for the
expenditure of $15,385.88 remaining in Storm Drain Project No. III and $28,540.67
from the Williamson Road Storm Drain Account, both to be transferred to a new
account to be established by the Director of Finance as the Vancouver Drive &
Cornell Drive Storm Drain Account ($41,831.55 contract and $2,095.00 contingency).
(For full text, see report on file in the City Clerk's Office.)
In this connection, a report of the City Manager reco~ending that
Council concur in the recommendation of the Bid Committee, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#26092) AN ORDINANCE to amend and reordain certain sections of the
1981-82 Capital Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 283.)
Mr. Garland moved the adoption of the Ordinance. The motion was seconded
by Dr. Butler and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Butler, Garland and Mayor
Taylor .................................................................... 6.
NAYS: None ........................................................ 0.
(Council member Bowles was absent.)
Mr. Garland offered the following emergency Ordinance:
(#26093) AN ORDINANCE accepting the bid of S. R. Draper Paving Company
for performance of storm drain and curb and gutter work, upon certain terms
and conditions, and awarding a contract therefor; authorizing the proper City
officials to execute the requisite contract for such work; rejecting other
bids made to the City for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 283.)
Mr. Garland moved the adoption of the Ordinance. The motion was seconded
by Dr. Butler and adopted by th~ following vote:
AYES: Council members Harvey, Musser, Trout, Butler, Garland and Mayor
Taylor .................................................................... 6.
NAYS: None .................... ~ ..................................... 0.
(Council member Bowles was absent.)
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
SOUTHWEST VIRGINIA COMMUNITY DEVELOPMENT FUND-SCHOOLS-PURCHASE/SALE OF
PROPERTY: Ordinance No. 26035 providing for the City's release of its right
to demand reconveyance of real property owned by Southwest Virginia Commmnity
Development Fund, in return for an option to repurchase this property, ander
certain terms and conditions, having previously been before the Council for
its first reading on Monday, May 24, 1982, read and adopted on its first
reading and laid over, was again before the body, Mr. Trout offering the
following for its second reading and final adoption:
142
ACTION:
ACTION:
(#26035) AN ORDINANCE providimg for the City's release of its right to
demand reconveyance of real property owned by Southwest Virginia Co~,nity
Development Fund, in return for an option to repurchase this property, under
certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 47, page 260,)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Harvey, Husser, Trout, Butler, Garland and Mayor
Taylor ............................. , ...................................... 6.
NAYS: None .......................................................... 0.
(Council member Bowles was absent.)
TAXES: Ordinance No. 26038 amending and reordaining the Code of the
City of Roanoke (1979), as amended, to establish new tax rates for all real
estate and improvements thereon not exempt from taxation, for mobile homes
and for all real estate and tangible personal property of public service
corporations to $1.35 on every $100.00 of assessed value, having previously
been before the Council for its first reading on Monday, May 24, 1982, 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:
(#26038) AN ORDINANCE amending and reordaining Section 32-16, Levied; rate,
subsection (a) of Section 32-104, Levied; rate, Section 32-122, Levied; rate,
of the Code of the City of Roanoke (1979), as amended, to establish new tax
rates for all real estate and improvements thereon not exempt from taxation,
for mobile homes and for all real estate and tangible personal property of
public service corporations, and providing for am effective date for these
tax rates.
(For full text of Ordinance, see Ordinance Book No. 47, page 260.)
Mr. Harvey moved the adoption of the Ordinance. The motion was seconded
by Mr. Trout and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Butler, Garland and Mayor
Taylor ................................................................ v--6.
NAYS: None .......................................................... O.
(Council member Bowles was absent.)
AIRPORT-SLOT MACHINES: Ordinance No. 26042 accepting the proposal of
Airport Video, Inc., for the privilege of operating a video game room at
Roanoke Municipal Airport, Woodrum Field, having previously been before the
Council for its first reading on Monday, May 24, 1982, read and adopted on
its first reading and laid over, was again before the body, Mr. Trout offering
the following for its second reading and final adoption:
(#26042) AN ORDINANCE accepting a bid for the privilege of operating a
video game room at the Municipal Airport; authorizing the execution of the
requisite contract therefor; and rejecting one other bid.
(For full text of Ordinance, see Ordinance Book No. 47, page 261.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Dr. Butler and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Butler, Garland and Mayor
Taylor .................................................................... 6.
NAYS: None .......................................................... O.
(Council member Bowles was absent.)
143
ACTION:
ACTION:
ACTION:
EQUIPMENT-REFUSE COLLECTION: Ordinance No. 26045 accepting the proposals
of Cycle Systems, Inc., Brandywine Auto Sales, Inc., and Cavalier Equipment
Corporation, the County of Franklin, Virginia, and Bay Disposal Inc., for the
purchase of certain front-loading refuse trucks from the City of Roanoke,
having previously been before the Council for its first reading on Monday,
May 24, 1982, 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:
(#26045) AN ORDINANCE providing for the sale of twelve front-loading
refuse trucks, upon certain terms and conditions, by accepting certain bids
made to the City therefor; and rejecting certain bids made to the City.
(For full text of Ordinance, see Ordinance Book No. 47, page 262.)
Mr. Harvey moved the adoption of the Ordinance. The motion was seconded
by Mr. Trout and adopted by the following vote:
AYES: Council members Harvey, Trout, Butler, Garland and Mayor Taylor-5.
NAYS: Council member Musser ........................................... 1.
(Council member Bowles was absent.)
LIFE SAVING CREWS-ACTS OF ACKNOWLEDGEMENT: Mr. Trout offered the following
Resolution recognizing the services of the local life saving crews during the
City's Centennial parade:
(#26094) A RESOLUTION recognizing the services of the local life saving
crews during the City's Centennial parade.
(For full text of Resolution, see Resolution Book No. 47, page 284.)
Mr. Trout moved the adoption of the Resolution. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Butler, Garland and Mayor
Taylor ...................................................................... 6.
NAYS: None ..........................................................
{Council member Bowles was absent.)
MOTIONS AND MISCELLAlqEOUS BUSINESS:
INQUIRIES AND/OR COI~MENTS BY THE MAYOR AND MEMBERS OF CITY COUNCIL:
AUDIT COMMITTEE-SEWERS AND STORM DRAINS (WATER RESOURCES COMMITTEE):
The Mayer presented a communication advising that on Monday, May 24, 1982, he
made certain comittee assignments; however, it has been brought to his
attention that in past years, four members of Council have served on the
Audit Committee and three members of Council have served on the Cable Tele-
vision Comittee, and in order to bring the aforementioned committees up to
full complement, he advised that with the concurrence of Council, he would
like to appoint Council member Wendell H. Butler as a member of the Audit
Committee and Council member James G. Harvey, II, as a member of the Cable
Television Committee.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the Mayor's appointments. The
motion was seconded by Mr. Musser and adopted.
OTHER HEARINGS OF CITIZENS:
L44
ACTION:
ACTION:
ACTION:
OPPORTUNITIES INDUSTRIALIZATION CENTER: Mr. George E. Franklin, Jr.,
1715 Loudon Avenue, N. W., appeared before the body amd requested that Coun-
cil reconsider its action on a recent request of the N.A.A.C.P. for an aud-
ience with Council to discuss the OIC matter and grant requests. He advised
that the Mayor has called a meeting for Monday, June 21, 1982, to address
overall co,unity needs, that the matter of OIC is narrow in scope and deals
specifically with audit issues and the role that OIC has had to assume rela-
tive to the Consortium as the prime sponsor, of which the City of Roanoke is
the major government. He said that a meeting to address the total problems
of the co~nity cannot effectively address the OIC issue and requested that
a meeting be held to specifically address the OIC matter.
Following considerable discussion of the matter, it was agreed that Coun-
cil would meet informally on Tuesday, July 6, 1982, at 2:30 p.m., in the Coun-
cil Chamber to discuss matters relating to OIC, and that representatives of
the OIC Board of Directors and administrative officials, representatives of
the Roanoke Consortium for Manpower Services, the Roanoke City Audit Committee,
the OIC Audit Committee, City Administrative Officials, and a representative
of the Department of Labor be invited to attend the meeting.
COUNCIL: The City Manager requested that he be authorized to withdraw his
previous request for an Executive Session to discuss a contractual matter;
whereupon, Dr. Butler moved that Council concur in the request. The motion
was seconded by Mr. Musser and adopted. (See page 124.)
At 10:35 p.m., the Mayor declared the meeting recessed,
At 11:40 p.m., the meeting reconvened in the Council Chamber with all
members of Cot~cil present, with the exception of Council member Bowles,
Mayor Taylor presiding.
YOUTH SERVICES CITIZEN BOARD: The Mayor advised that there are two
vacancies on the Youth Services Citizen Board created by the death of Mr.
Leonidas J. Curtis, for a term ending May 31, 1985, and the resignation of
Reginald Shareef for a term ending May 31, 1985, and called for nominations
to fill the vacancy.
Dr. Butler placed in nomination the name of Mr. Larry G. Martin.
Mr. Harvey placed in nomination the name of Mr. Roderick D. Wade.
There being no further nominations, Mr. Martin was reelected for a
term ending May 31, 1985, and Mr. Wade was elected to fill the vacancy
created by the death of Leonidas J. Curtis, for a term ending May 31, 1985,
as members of the Youth Services Citizen Board, by the following vote:
FOR MR. MARTIN AND MR. WADE: Council members Harvey, Musser, Trout,
Butler, Garland and Mayor Taylor ....................................... 6.
(Council member Bowles was absent,)
PENSIONS: The Mayor advised that there is a rotating position on the
Board of Trustees, Employees' Retirement System, whereby the position rotates
for one year terms between members of the Police Department, the Fire Depart-
ment, and the Refuse Collection Department; whereupon, he advised that the
one year term of Mr. Beverly D. Mitchell, representing the Fire Department
will expire on June 30, 1982, that pursuant to Ordinance No. 22302 it is
necessary to appoint a representative of the Police Department for a term of
one year ending June 30, 1983, and called for nominations to fill the vacancy.
Mr. Trout placed in nomination the name of Mr. Robert W. Helm,
There being no further nominations, Mr. Helm was elected as a member of
the Board of Trustees, Employees' Retirement System, for a term of one year
ending June 30, 1983, by the following vote:
FOR MR. HELM: Council members Harvey, Musser, Trout, Butler, Garland
and Mayor Taylor ........................................................ 6.
(Council member Bowles was absent.)
145
There being no further business, the Mayor declared the meeting adjourned
at 1i:45 p.m,
APPROVED
ATTEST: ~~
City Clerk
146
SPECIAL SESSION .... ROANOKE CITY COUNCIL
June 21, 1982
7:00 p.m.
~'!ION:
The Council of the City of Roanoke met in special meeting at Sweet Union
Baptist Church, City of Roanoke, on Monday, June 21, 1982, at 7:00 p.m., with Hayor
Noel C. Taylor presiding.
PRESENT: Council members Elizabeth T. Bowles, Wendell H. Butler, Robert A.
Garland, James G. Harvey, II, J~mes O. Trout and Mayor Noel C. Taylor .............. 6.
ABSENT: Council member Howard E. Musser ................................. 1.
OFFICERS PRESENT: Mrs. Mary F. Parker, City Clerk.
The invocation was delivered by The Reverend Raymond C. Pittman, Pastor,
Ebenezer AME Church.
The Mayor advised that on Sunday, June 20, 1982, Mr. Arthur S. Owens, former
City Manager of the City of Roanoke passed away. He stated that the memorial service
will be conducted on Tuesday, June 22, 1982, at Ferrum College and requested the
concurrence of Council in instructing the City Attorney to prepare the appropriate
measure in memory of Mr. Owens in order that it may be presented at the memorial service.
Mr. Garland moved that the City Attorney be instructed to prepare the proper
measure in memory of the late Mr. Arthur S. Owens, and that the Resolution be presented
by the Mayor to Mrs. Owens at the memorial service on Tuesday, June 22, 1982. The
motion was seconded by Dr. Butler and adopted.
There being no further business, the Mayor declared the special meeting
adjourned at 7:15 p.m.
ATTEST
City Clerk
APPROVED
Mayor
147
REGULAR WEEKLY SESSION ..... ROANOKE CITY COiJNCIL
June 28, 1982
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the Council
Ch-mher in the Municipal Building, City of Roanoke, on Monday, June 28, 1982, at 2:00
p.m., the regular meeting hour, withMayor Noel C. Taylor presiding.
PRESENT: Council members Howard E. Musser, James O. Trout, Elizabeth T.
Bowles, Wendell H. Butler, Robert A. Garland, James G. Harvey, II, and Mayor Noel C.
Taylor ............................................................................ 7.
ABSENT: None ........................................................... 0.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. W. Robert Herbert,
Assistant City Manager; Mr. Wilburn C. Dibling, Jr, City Attorney; Mr. William X
Parsons, Assistant City Attorney; Mr. Joel M. Schlanger, Director of Finance; and Mrs.
Mary F. Parker, City Clerk.
The invocation was delivered by The Reverend Nicholas G. Bacalis, Pastor,
Holy Trinity Greek Orthodox Church.
The Pledge .of Allegiance to the Flag of the United States of America was led
by Mayor Taylor.
ACTION:
ACTS OF ACKNOWLEDGeMENT-CITY MANAGER: Mrs. Bowles offered the following
Resolution:
(#26095) A RESOLUTION memorializing the late Arthur S. Owens.
(For full text of Resolution, see Resolution Book No. 47, page 290.)
Mrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor ........................................................ 7.
NAYS: None ........................................................ 0.
In this connection, the Mayor presented the following tribute to Mr.
Owens:
"The Roanoke City Council, Administrative Officials, and
Citizens wish to pause and acknowledge the passing of a
very conscientious man who served as the Roanoke City
Manager from January 1, 1948, to August 31, 1965. The
shock of his death was visibly and profoundly felt by
those with whom he had constant contact.
The character of the life he lived might be su~m~ed up in a
few words: he was sincere, he was industrious, he was self-
sacrificing, he was a splendid man who, combined with his
charm and unlimited energy, had the highest integrity, he
was a man of superlatively high standards and had boundless
enthusiasm for whatever task he took in hand. No one whose
privilege it was to know him is likely to forget the candor
of his speech, the courage of his faith, and the warm and
glowing brightness of his friendship.
Arthur Owens never dodged a responsibility and never refused
to take on a hard job if it needed to be done. He fought
hard for every cause in which he enlisted and the causes for
which he fought were good and right. Despite his very active
life in municipal and collegiate affairs and the numerous
demands upon his time, he was first and foremost a family
man. He loved to be with his family. He was a devoted
husband to his dear wife and was in her company at the time
of his passing.
148
ACTION:
We believe that Arthur S. Owens personified all of the high
ideals which make men great. He was admired and respected
by those who knew him. He was conscious of the eternal
destiny.
A list of the famous sayings of Arthus S. Owens closes with
this quotation from Thanatopsis by William Cullen Bryant:
So live, that when thy s,,mmons comes to Join
The innumerable caravan which moves
To that mysterious realm where each shall take
His chamber in the silent halls of death,
Thou go not, like the quarry-slave at night,
Scourged to his dungeon, but, sustained and soothed
By an unfaltering trust, approach thy grave
Like one who wraps the drapery of his couch
About him and lies down to pleasant dreams.
Arthus S. Owens successfully managed the City of Roanoke, but
he knew that this City was not his abiding home, for he look-
ed for a City that had foundations whose builder and maker
is God. Although we miss has handshake today, we need not des-
pair for we know that he has gone to a better land than this.
Life is eternal and man is immortal and it doth not yet
appear what we shall be, for when the Chief Shepherd shall
appear we shall receive a crown of glory that fadeth not away.
The hymm poet expressed the sentiments of the weary pilgrims
who were making their journey to that City whose walls are
untarnished by the touch of time and whose gates are opened
at the slightest touch of h,~mm~ hands when he said:
In my home over there that the Lord did prepare,
There'll be peace'and there'll be joy everywhere,
We shall see his face so fair and a starry crown I'll
wear and be so happy in my home over there.
We respectfully pay this tribute of respect to our departed
brother who has made his departure for his eternal home in
that celestial City."
Mr. Trout moved that the tribute to Mr. Owens be received and filed and
that a copy be transmitted to Mrs. Owens. The motion was seconded by Mr.
Harvey and unanimously adopted.
PROCLAMATIONS: The Mayor presented a proclamation declaring July 9,
1982, as P.O.W./M.I.A. Day in the City of Roanoke, in tribute to the Prisoners
of War and the Missing in Action; and in sympathy for their families.
(For full text, see proclamation on file in the City Clerk's Office.)
CITY GOVERNMENT (SISTER CITY): Mr. Thomas F. Brady, Director of Public
Works, appeared before Council and introduced Mr. Maurice Wandia who is an
engineer in Roanoke's Sister City, Kisumu, Kenya. He advised that Mr. Wandia
will be visiting in the City one month observing various engineering activities.
On behalf of the Council and the citizens of the City of Roanoke, the
Mayor welcomed Mr. Wandia.
BID OPENINGS:
CIVIC CENTER: Pursuant to notice of advertisement for bids for construc-
tion of the Roanoke Civic Center chiller facility replacement, said proposals
to be received by the City Clerk until 1:30 p.m., on Monday, June 28, 1982,
and to be held, opened and read before the Council at 2:00 p.m., on that
date, or as soon thereafter as the matter may be heard, the Mayor asked if
anyone had any questions about the advertisement for bids and no representative
present raising any question, the Mayor instructed the City Clerk to proceed
with the opening of the bids; whereupon, the City Clerk opened and read the
following bids:
ACTION:
ACTION:
ACTION:
ACTION:
Base Bid Alt. 1 Alt. 2
Branch & Associates, Inc.
Progressive Products Corporation
Weddle Plumbing and Heating Co.
Valley Air Conditioning
Corporation
Lowe and Nelson Plumbing and
Heating Corporation
GAVCO Corporation
J. H. Cothran Company, Inc.
G. J. Hopkins, Inc.
$243,800.00
$258,700.00
$260,000.00
$260,614.00
$264,750.00
$278,000.00
$280,700.00
$282,500.00
$287,000.00
-$18,000.00
-$18,250.00
-$18,000.00
-$19,872.00
-$18,000.00
-$13,384.00
-$15,000.00
-$14,722.00
-$19,300.00
+$3,500.00
+$3,750.00
+$2,500.00
+$3,420.00
+$3,500.00
+$6,400.00
+$5,700.00
+$7,496.00
+$4,600.00
Dr. Butler moved that the bids be referred to a committee to be appointed
by the Mayor for tabulation, report and recommendation to Council. The motion
was seconded by Mr. Harvey and unanimously adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman, George C.
Snead, Jr., and Bob E. Chapman as members of the committee.
COURTS FACILITY: Pursuant to notice of advertisement for bids for
furnishings for the Roanoke City Courts facility, said proposals to be
received by the City Clerk until 1:30 p.m., on Monday, June 28, 1982, 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; whereupon, Mr. Harvey inquired
as to the percentage of proposed new furnishings and the percentage of pro-
posed existing furnishings to be refurnished.
The Director of Public Works advised that the bids will be based on
80 percent new furnishings, and a minimum of 20 percent is planned to be re-
used from the old Courthouse. He said that in addition, the bids will in-
clude unit prices on all the individual furniture items and based on any
budgetary concerns and other matters the Bid Committee and Council may wish
to deal with, the quantities may be increased or decreased down to a maximum
of 50 per cent of the items that are actually bid. He said the City has
flexibility both in unit prices and also reused and additional furniture
above and beyond the 20 per cent that is being proposed, and the City also
has the option of rejecting all bids if they appear to be high.
No one else wishing to ask questions regarding the opening of bids, the
Mayor instructed the City Clerk to proceed with the opening of the bids;
whereupon, the City Clerk opened and read the following bids:
Base Bid Draperies Blinds
Harris Office Furniture
Company, Inc.
King Business Interiors, Inc.
Litton Office Products Center
Design Business Interiors, Inc.
Col-Dra Corporation
The Shade Shoppe Interiors, Inc.
$466,786.74
525,037.54
533,206.59
537,264.30
$4.10 s.f.
3.566 s.f.
$11.70 s.f.
10.064 s.f.
Dr. Butler moved that the bids be referred to a committee to be appoint-
ed by the Mayor for tabulation, report and recommendation to Council and
that the committee investigate the feasibility of refurnishing and utilizing
as much of the existing furniture as possible. The motion was seconded by
Mr. Harvey and unanimously adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman, James G.
Harvey, II, Thomas F. Brady and Robert E. Glenn as members of the committee.
ACTION:
ACTION:
ACTION:
ACTION:
WATER DEPARTHENT: Pursuant to notice of advertisement for bids to
gunite the walls of Crystal Spring l~servoir, Lake Road and Jefferson
Street, said proposals to be received by the City Clerk until 1:30 p.m., on
Monday, June 28, 1982, and to be held, opened and read before the Council at
2:00 p.m., on that date, or as soon thereafter aa 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:
Pneumatic Concrete Company, Inc.
National Pools of Roanoke, Inc.
Pressure Concrete Construction Company
$49,600.00
54,750.00
79,936.00
Dr. Butler moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Harvey and unanimously adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman, Kit B. Kiser
and Thomas F. Brady as members of the committee.
CONSENT AGENDA:
The Mayor advised that all matters listed on the Consent Agenda are
considered to be routine by the members of Council and will be enacted by
one motion in the forms listed on the Consent Agenda and if discussion is
desired, that item will be removed from the Consent Agenda and considered
separately. He noted that there were two requests for Executive Sessions
of Council to discuss matters of personnel dealing with vacancies on
various authorities, boards, commissions and comuittees appointed by
Council and a request of the City Manager to discuss a matter involving
acquisition of real property for public purposes.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss vacancies on various authorities, boards,
commissions and co~mmittees 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.)
Dr. Butler moved that Council concur in the request to convene iR
Executive Session to discuss personnel matters pertaining to vacancies on
various authorities, boards, co~m~issions 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 Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor .......................................................... 7.
NAYS: None .......................................................... 0.
COUNCIL: A report of the City Manager requesting an Executive Session
to discuss a matter involving acquisition of real property for public
purposes pursuant to Section 2.1-344 (a) (2) of the Code of Virginia
(1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler moved that Council concur in the request to convene in
Executive Session to discuss one matter involving acquisition of real
property for public purposes pursuant to Section 2.1-344 (a) (2) of the
Code of Virginia (1950), as amended. The motion was seconded by Mr.
Harvey and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor .......................................................... 7.
NAYS: None ......................................................... 0.
ACTION:
ACTION:
ACTION:
CLAIMS-CITY ATTORNEY: The City Attorney submitted a written report
in regard to the suite Goad v. City of Roanoke, advising that the plaintiff
contended that she had sustained personal injuries when she fell in a
mm-hole and she alleged that the City had negligently failed to maintain
street lighting in the area in which she was injured and sought d-mmges of
$50,000.00. Mr. Dibling advised that his office filed special pleas assert-
ing that this case should be dismissed because the City did not receive
adequate and timely notice of the nature of the claim and because the City
was immune from liability in its performance of street light maintenance,
noting that these pleas were argued before Judge Ballou on May 5, 1982,
and the Judge ruled in favor of the defendant on the grounds of governmental
t,~unity and ordered the case dismissed; however, the plaintiff will have
thirty days from the date of entry of the Order in which to file a Notice
of Appeal with the Virginia Supreme Court.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler moved that the report be received and filed. The motion
was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor .......................................................... 7.
NAYS: None ........................................................ -0.
SCHOOLS: The report of qualification of Dr. James A. Allison, Jr.,
and Mr. Lewis M. Nelson, Jr., as Trustees of the Roanoke City School Board
for terms of three years each beginning 3uly 1, 1982, and ending June 30,
1985, was before Council.
(See Oaths of Office on file in the Cfty Clerk's Office.)
Dr.
filed.
vote:
Butler moved that the report of qualification be received and
The motion w~s seconded by Mr. Harvey and adopted by the following
AYES: Council members Musser, Trout, Bowles, Butler, Garland,
Harvey and Mayor Taylor .................................................. 7.
NAYS: None .......................................................... 0.
COUNCIL: The report of qualification of Messrs. Robert A. Garland,
Howard E. Musser and James O. Trout as members of the Council of the City
of Roanoke, Virginia, for terms of four years each beginning July 1, 1982,
and ending June 30, 1986, was before the body.
(See Oaths of Office on file in the City Clerk's Office.)
Dr. Butler 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 Musser, Trout, Bowles, Butler, Garland,
Harvey and Mayor Taylor ................................................... 7.
NAYS: None .......................................................... 0.
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS: The Mayor presented a communication
advising that with the concurrence of Council, he would like to appoint Mr.
Robert A. Garland as Chairman of the Bid Committee, Mr. Howard E. Musser as
Chairman of the Cable Television Committee, and Dr. Wendell H. Butler as
Chairman of the Personnel Committee, and at a later date, he will ask Mr.
James O. Trout to assume another committee responsibility which will distribute
the leadership responsibilities for the various committees among the members
of Council.
(For full text, see communication on file in the City Clerk's Office.)
152
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ACTION:
Hr. Garland moved that Council concur in the appointments. The motion
was seconded by Mrs. Bowles and unenimously adopted.
CITY MANAGER-DIRECTOR OF FINANCE-CITY ATTORNEY-PAY PLAN: Council
member James O. Trout presented a communication recommending to the members
of Council that the City Manager, the Director of Finance, and the City
Attorney be removed from the City's Classified Pay Plan, and that their
salaries for the fiscal year 1982-83 be established at three per cent above
their present salaries, and that there be an annual review of their performance
to determine their salaries during budget study.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout advised that the City Manager, the Director of Finance and
the City Attorney should be evaluated for their raises on a basis similar
to high ranking executives in private enterprise. He expressed concern about
the widening gap in salaries between the City Manager, and the Director of
Finance and City Attorney.
There was discussion in which some members of Council expressed the
opinion that all of the Council appointees should be included in such an
evaluation.
Following considerable discussion of the matter, Mr. Trout moved that
the measures which had been prepared at his request removing the City Mana-
ger, the Director of Finance and the City Attorney from the City's Pay and
Classification Plan, and establishing their respective salaries be received
and filed. The motion was seconded by Mrs. Bowles and unanimously adopted.
Mr. Trout moved that the question of removing Council appointees from the
Pay Plan and the question of an annual review of performance to determine
their respective salaries during budget study, be taken under consideration
to be discussed by Council prior to 1983-84 budget study. The motion was
seconded by Mr. Harvey and unanimously adopted.
HOUSING: A communication from the Gainsboro Neighborhood Development
Corporation requesting assistance with regard to use of the land in Gains-
boro which is now under the Roanoke Redevelopment and Housing Authority's
custody, and the question of future funding as HUD funds diminish, was
before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harvey moved that the matter be referred to the City Manager for
study, report and reco~,mendation to Council. The motion was seconded by Mr.
Musser and unanimously adopted.
AIRPORT-REFUSE COLLECTION: A cormmanication from Mr. Robert G. Jones
requesting assistance in the establishment of a half-way house, an airport
observatory, and incinerators at various locations in the City, was before
Council.
(For full text, see communication on file in the City Clerk's Office.)
In this connection, the Mayor advised that Mr. Jones had telephoned the
City Clerk's Office earlier in the day to request that the item be deferred
until the regular meeting of Council on Monday, July 12, 1982; whereupon,
Mrs. Bowles moved that the matter be deferred until the meeting of Council
on Monday, July 12, 1982. The motion was seconded by Dr. Butler and unanimously
adopted.
REPORTS OF OFFICERS:
CITY MANAGER:
PLANNING-GRANTS: The City Manager submitted a written report briefing
the members of Council on the proposed fiscal year 1982-83 Comunity Develop-
ment Block Grant Budget, requesting that Council study the budget proposal
inasmuch as it will be a matter for public hearing at the Council meeting on
Monday, July 12, 1982.
(For full text, see report on file in the City Clerk's Office.)
153
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ACTION:
Mr. Trout moved that the report be received and filed. The motion was
seconded by Hr. Harvey and unan/mously adopted.
ITEMS RECONHENDED FOR ACTION:
HOUSING-PLANNING: The City Manager submitted a written report recom-
mending that the current contract with the City of Roanoke Redevelopment and
Housing Authority for administration of the housing portion of the Com~mmity
Development Block Grant be extended thirty days, advising that timing will
precede the June 30, 1982, termination of the City/Roanoke Redevelopment and
Housing Authority contract, and Authority income and activities will not be
interrupted.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler offered the following Resolution:
(#26096) A RESOLUTION authorizing a thirty (30) day extension of the
current contract for administrative services between the City and the City
of Roanoke Redevelopment and Housing Authority.
(For full text of Resolution, see Resolution Book No. 47, page 290.)
Dr. Butler moved the adoption of the Resolution. The motion was second-
ed by Mr. Trout and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor ....................... , .................................. 7.
NAYS: None ......................................................... 0.
BUDGET-PLANNING-GRANTS-HOUSING: The City Manager submitted a written
report recommending adoption of a Resolution accepting the 1982-83 Community
Development Block Grant funds approved by HUD, in the amount of $2,018,000.00,
authorization to execute the requisite Grant Agreement and any other necessary
forms, and that $2,018,000.00 be appropriated to an account to be established
by the Director of Finance.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#26097) AN ORDINANCE to amend and reordain certain sections of the
1982-83 Grant Fund Appropriations and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 291.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor .......................................................... 7.
NAYS: None .......................................................... 0,
Mrs. Bowles offered the following Resolution:
(#26098) A RESOLUTION accepting a certain Community Development Block
Grant offer mede to the City by the United States Department of Housing and
Urban Development under Title I of Public Law 93-383, and authorizing
execution of the requisite Grant Agreement and any other necessary forms
pertaining thereto.
(For full text of Resolution, see Resolution Book No. 47, page 291.)
Mrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Mr. Trout and adopted by the following vote:
154
ACTION:
ACTION:
ACTION:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor ........................................................
NAYS: None .......................................................... O.
RADIOS/TELEVISION-SPECIAL PERMITS-ZONING: The City Manager submitted a
written report recommending that a request of Mr. Richard E. Sellers for a
temporary revocable permit for the home occupation of repairing radios at
3037 Salem Turnpike, N. W., be denied, advising that a neighborhood canvas
by mail of the five adjoining property owners, including properties across
the street, resulted in three no objections and two not responding.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that the following Ordinance granting the request of
Mr. Sellers be placed upon its first reading:
(#26099) AN ORDINANCE granting revocable, non-transferable permission
to Richard E. Sellers, Sr., to pursue the home occupation of repairing
televisions and radios upon premises located at 3037 Salem Turnpike, N. W.,
in this City, upon certain terms and conditions.
The motion was seconded by Dr. Butler and adopted by the following
vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor .......................................................... 7.
NAYS: None .......................................................... O.
In this connection, a report of the City Attorney with regard to temporary
revocable permits for certain home occupations, advising that the provisions
relating thereto are a part of the zonimg regulations of the City, and for
this reason, he recommended that Council direct the City Clerk to utilize
the notice requirements set out in Section 15.1-431 of the Code of Virginia,
as amended, whenever such matters are considered by Council in the future.
Mr. Dibling pointed out that there is no necessity for Council to consider
requests such as Mr. Sellers, noting that such request constitutes the grant-
ing of a "special exception" to the zoning regulations, which can be granted
by the Board of Zoning Appeals after giving notice and conducting a public
hearing as required by Section 15.I-341, and should Council wish for the
Board of Zoning Appeals to handle such requests in the future, an amendment
to the City's Zoning regulations would be required.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that the City Attorney be instructed to prepare the
proper measure amending the Zoning Ordinance to provide that future requests
of this nature will be handled by the Board of Zoning Appeals. The motion
was seconded by Mr. Trout and unanimously adopted.
REFUSE COLLECTION: The City Manager submitted a written report concur-
ring in a report of the Bid Committee reco~ending award of a unit price
contract to Cavalier Equipment Corporation for providing front loading bulk
container service to the City at a unit price of $7.85 for each time a
container is emptied for the period July 1, 1982 through June 30, 1983,
advising that funds are available within the fiscal year 1982-83 budget,
and that all other bids be rejected.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler offered the following emergency Ordinance:
(#26100) AN ORDINANCE accepting a bid and awarding a contract for
front loading bulk container collection service; authorizing the proper City
officials to execute the requisite contract; rejecting certain other bids
made therefor; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 292.)
155
ACTION:
ACTION:
ACTION:
D~. Butler moved the adoption of the Ordinance. The motion was second-
ed by Mr. Garland and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor .......................................................... 7.
NAYS: None ....................................................... -O.
The Director of Public Works advised that pursuant to Ordinance No.
26048 the City Clerk has received rate schedules from all persons licensed
to engage in bulk container collection service in the City for uncompacted
front-loading bulk container service, that the schedules have been analyzed
and appear to be in a reasonable range, and said schedules will be kept on
file in the City Clerk's Office.
(For full text, see rate schedules on file in the City Clerk's Office.)
ZONING-GAMEROOMS-COMPLAINTS: The City Manager submitted a written
report recommending that the issue of gamerooms and zoning be referred to
the City Planning Co,~4ssion for consideration of possible amendments to the
Zoning Ordinance which would prevent, regulate, and define gamerooms and
restrict such activity relative to residentially zoned districts, churches
and schools.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the reco~endation and that the
matter be referred to the City Planning Commission for study, report and
recommendation to Council. The motion was seconded by Mr. Garland and
unanimously adopted.
ROANOKE CITY ARTS COMMISSION: The City Fmnager submitted a written
report recommending adoption of an Ordinance providing guidelines for
deaccessioning and disposing of art objects owned by the City, and amending
the City Code to provide that the Council-appointed commission be named the
Roanoke City Arts Co--lesion.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its first
reading:
(#26101) AN OP. DINANCE amending Article XIII, Gifts~ Grants~ Devises
and Bequests to Cit~, of Chapter 2, Administration, of the Code of the City
of Roanoke (1979), as amended, by amending Section 2-266, Procedure for
a~ceptance or rejection of gifts or bequests of an artistic natur,, and by
adding a new Section2-269, Deaccessioning and disposing of art objects, to
make uniform reference in such Article to the City's Arts Commission, and to
create a deaccessioning policy for the City's art objects.
The motion was seconded by Mr. Musser and adopted by the following
vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor ........................................................... 7.
NAYS: None ........................................................... O.
AIP~PORT-WATER DEPARTMENT: The City Manager submitted a written report
recommending authorization to execute a permit from the Virginia Marine
Resources Commission to relocate the west fork of Carvins Creek in order to
proceed with Phase II of the Runway 23 extension at Roanoke Municipal
Airport, Woodrum Field.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#26102) AN ORDINANCE authorizing the appropriate City officials to
execute a permit agreement with the Co~onwealth for the relocation of a
part of Carvins Creek, in connection with the extension of Runway 23 at
Roanoke Municipal Airport, Woodrum Field; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 292.)
156
ACTION:
ACTION:
ACTION:
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor ....................................................... 7.
NAYS: None ........................................................ 0.
SEWERS AND STORM DRAINS: The City Manager submitted a written report
recommending that he be authorized to enter into contract with Clean Water
Engineers, Incorporated, for engineering services relative to repair of the
Lick Run Sanitary Sewer Interceptor, services to be performed on a cost-
plus-fixed-fee basis, such contract to be in the amount of $19,884.00.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#26103) AN ORDINANCE authorizing the City Manager to enter into a
contract with Clean Water Engineers, Inc., to provide engineering services
relative to sanitary sewer repair; and .providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 293.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was second-
ed by Dr. Butler and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor ......................................................... 7.
NAYS: None ....................................................... -0.
SALE/PURCHASE OF PROPERTY-TRAFFIC: The City Manager submitted a written
report recommending authorization for the acquisition of a 91.125 square
foot area on the northeast comer of Church Avenue and 2nd Street, S. W.,
from Anita Ingram Lee, at a price of $5,745.00, with certain air rights
excepted by the property owner, in order to increase the corner radius for
safety purposes.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#26104) AN ORDINANCE providing for the City's acquisition of 0.002
acre of land at the northeast comer of the intersection of Church Avenue
and Second Street, S. W. for street purposes, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 293.')
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor ......................................................... 7.
NAYS: None .......................................................... 0.
BUSES-INTERMODAL TRANSPORTATION TERMINAL: The City Manager submitted a
written report recommending authorization to execute a cooperation agreement
between the City and Greater Roanoke Transit Company on behalf of the City
with regard to paying the contractor for the Roanoke Transportation Terminal
Project.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler offered the following emergency Ordinance:
(#26105) AN ORDINANCE authorizing the appropriate City officials to
execute an agreement with Greater Roanoke Transit Company providing for
cooperation in the funding of the transportation and retail center on Campbell
Avenue and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 293.)
157
ACTION:
ACTION:
ACTION:
Dr. Butler moved the adoption of the Ordinance. The motion was seconded
by Mr. Trout and adopted by the following vote:
AYES: Council members Musser, Trout, BoWles, Butler, Garland, Harvey
and Mayor Taylor ........................................................ 7.
NAYS: None ......................................................... -0.
BUDGET-YOUTH: The City Manager submitted a written report reco~end-
lng authorization to accept Department of Corrections Grant No. 81-I-5 for
the Office on Youth, and that $36,$50.00 be appropriated in connection
therewith.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#26106) AN ORDINANCE to amend and reordain certain sections of the
1982-83 General and Grant Programs Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 294.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor .......................................................... 7.
NAYS: None ......................................................... -0.
Mrs. Bowles offered the following Resolution:
(#26107) A RESOLUTION authorizing the acceptance of a Delinquency
Prevention and Youth Development Act Grant made to the City of Roanoke by
the Co~onwealth of Virginia Department of Corrections and authorizing the
acceptance, execution and filing of the "Special Conditions" with the Depart-
merit of Corrections for this grant for the purpose of continuing coordinated
planning amd youth services program implementation by the City's Office on
Youth until June 30, 1983.
(For full text of Ordinance, see Ordinance Book No. 47, page 295.)
Mrs. Bowles moved the adoption of the Resolution. The motion was second-
ed by Mr. Trout and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor ..... K ....................................................
NAYS: None ......................................................... 0.
BUDGET-NURSING HOME: The City Manager submitted a written report
advising that the Commonwealth of Virginia Department of Health, in an
inspection of the Coyner Springs Nursing Home, has instructed the Nursing
Home Administrator that the interior of the facility will have to be painted
or the City's license to operate will be revoked, and reco~ending that
$23,000.00 be transferred from Social Services - Services, Purchased Services
to Nursing Home budget, to provide sufficient funds for the painting.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#26108) AN ORDINANCE to amend and reordain certain sections of the
1981-82 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 295.)
158
ACTION:
ACTION:
Mrs. Bowles moved the adoption of the Ordinance. The motion was second-
ed by Mr. Garland and adopted by the following vote:
AYES: Council members Husaer, Trout, Bowles, Butler, Garland, tlarvey
and Mayor Taylor .......................................................... 7.
NAYS: None .....................................................
BUDGET-CETA: The City Manager submitted a written report advising that
the Fifth District Employment and Training Consortium has received funding
authorization from the Department of Labor, in the amount of $488,187.47, to
operate the S,-,mer Youth Program within the jurisdictions of the Fifth
Planning District excluding the City of Salem; that the Consortium must
adjust Titles IIB, IV YETP, and VII for reductions by the Department of
Labor amounting to $63,909.35, which is the result of the Department of
Labor adjusting estimated carry-over funds from fiscal year 1981 to the
actual carry-over funds as determined by grant close-outs and City of Roanoke
appropriations will be reconciled to the Department of Labor Notice of Funds
Available #6. Mr. Ewert recommended that Council appropriate $488,187.47 to
the Summer Youth Program and deobligate $63,909.35 from various other CETA
Programs.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency Ordinance:
(#26109) AN ORDINANCE to amend and reordain certain sections of the
1981-82 Fifth District Consortium Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 296.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor .......................................................... 7.
NAYS: None .................................................. ~ ....... 0.
BUDGET-REFUSE COLLECTION: The City Manager submitted a written
report advising that the concept of a balefill for solid waste disposal in
the future was approved by Council by Resolution No. 25866, that a commitment
of $640,000.00 was made by the City to be reimbursed to the Roanoke Valley
Regional Solid Waste Management Board on a month-to-month basis on demand,
and a total of $440,466.00 of the $640,000.00 has been appropriated to
date, recommending that Council meet its remaining commitment by transferring
$199,534.00 to the Landfill Baler account.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#26110) AN ORDINANCE to amend and reordain certain sections of the
1981-82 General and Capital Funds Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 296.)
Mr. Trout moved the adoption of the Ordinance. The motion was second-
ed by Dr. Butler and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey and
Mayor Taylor .............................................................. 6.
NAYS: None .......................................................... 0.
(Council member Musser was out of the Council Chamber.)
159
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ACTION:
COURTHOUSE: The City Manager submitted a written report recommending
that $19,000.00 be transferred to provide funds for preparation of contract
documents for bidding by the Office of City Engineer on roof replacement
of the existing Courts Building.
In this connection, the Mayor advised that the City Manager would
like to withdraw the report from the agenda; whereupon, Hr. Trout moved
that the City Manager be permitted to withdraw the report from the agenda.
The motion was seconded by Mr. Garland and unanimously adopted.
WATER: The City Manager submitted a written report recommending
approval of Change Order No. 1, in the amount of $23,458.49 and an addi-
tion of 24 calendar days, to the contract with Boxley Construction Com-
pany, Incorporated, for construction of the Vinton Pumping Station. Mr.
Ewert noted that the contractor was nearing the completion of excavation
for the new pump station foundation on April 8, 1982, when his backhoe
broke the 18" Tinker Creek sewer main and flooded the excavation with raw
sewage.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#26111) AN ORDINANCE approving the City Manager's issuance of
Change Order No. 1 to the City's contract with Boxley Construction Company,
for construction of Vinton Pumping Station; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 297.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor ........................................................... 7.
NAYS: None .......................................................... 0.
EQUIPMENT-SEWERS AND STOKM DRAINS: The City Manager submitted a
written report concurring in ~a report of the Bid Committee reco~ending
that the low bid of Roanoke Equipment Company, in the amount of $13,629.44,
for a tractor with loader, mower and sprayer attachments for the Sewage
Treatment Plant, be accepted.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#26112) AN ORDINANCE providing for the purchase of a tractor with
attachments for use at the City's Sewage Treatment Plant upon certain
terms and conditions, by accepting a certain bid made to the City for
furnishing and delivering such equipment; rejecting certain other bids
made to the City; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 298.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor ......................................................... 7.
NAYS: None ......................................................... O.
EQUIPMENT: The City Manager submitted a written report concurring in
a report of the Bid Committee recommending that the bid of Baker Brothers,
in the amount of $30,538.00, for a rubber tired loader/backhoe, be accepted.
(For full text, see reports on file in the City Clerk's Office.)
160
ACTION:
ACTION:
ACTION:
Mrs. Bowles offered the following emergency Ordinance:
(#26113) AN OP. DINANCE providing for the purchase of a rubber-tired
loader/backhoe for use by the City, upon certain terms and conditions, by
accepting a certain bid made to the City for furnishing and delivering
such equipmemt; rejecting certain other bids made to the City; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 298.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor .......................................................... 7.
NAYS: None ........................................................ O.
CITY ATTORNEY:
TAXES: The City Attorney submitted a written report transmitting
measures to provide for an administrative fee to be imposed in the event
the City must use the courts to collect taxes, and to provide for an
increase of the interest rate on delinquent taxes in certain cases to a
floating rate as established by the Internal Revenue Code, and advising
that the matter of an increase in the fee for bad checks will automatically
become effective on July 1 1982, and no measure is necessary.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency Ordinance:
(#26114) AN ORDINANCE amending the Code of the City of Roanoke
(1979), as amended by adding a new section to provide for the imposition
of administrative fees for collection of taxes by legal action; providing
for an effective date of this section and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 299.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor .................... , .................................... 7.
NAYS: None .......................... ~ ............................. 0.
Mr. Trout offered the following emergency Ordinance:
(#26115) AN ORDINANCE amending and.reordaining subsection (f) of
Section 19-20, When .tax payable; installment pa~nent; penalty for late pay-
ment~ report and collection of. delinquencies, subsection (b) of Section
32-19, Penalty and interest on deliuquencie~ - Generally, ~32-20, Same -
Taxes assessed prior to 1980, subsection (b) of Section 32-106, Penalties
and interest on delinque~ces - Generally, Section 32-107, Same - Tages
assessed prior to 1980, subsection (a) of Section 32-222, Failure to
collect, report or remit, and subsection (b) of Section 32-224, Failure to
collect, report or remit, of the Code of the City of Roanoke (19~), as
amended, and amending the Code of the City of Roanoke (1979), as amended,
by the addition of new 132-6, Interest rate on delinquent taxes, to bring
the rate of interest upon delinquent taxes in line with maximums allowed
by State law; providing for an effective date of the code amendments
contained in this ordinance; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 299.)
Mr. Trout moved the adoption of the Ordinance. The motion was second-
ed by Mr. Harvey and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor ........................................................ 7.
NAYS: None ......................................................... O.
161
ACTION:
ACTION:
CITY PROPERTY: The City Attorney submitted a written report advising
that Mr. Gilbert E. Butler, an attorney representing W. Heywood Fralin and
others, owners of a .007 acre parcel on Willinm-on Road, next to Oakland
School, has requested the City's help in resolving a title problem with
respect to this real estate, advising that Mr. Butler reports that in
1948, when the owners' predecessor in title acquired this property from
the Roanoke County School Board, the latter apparently did not comply with
notice or Judicial ratification requirements called for by state law,
which omission constitutes a cloud on the title to the land; that the
City, under the 1949 annexation decree involving this property, succeeded
to any interest which the County may have then owned therein, and Mr.
Butler believes that the City's delivery to the owners of a deed quitclaiming
and releasing all its rights, if any, in the property would obviate the
title problem. Mr. Dibling advised that he and the City Manager have
reviewed the matter and believe that it would be in the best interest of
all concerned, including the City, to grant the request of Mr. Butler's
clients and he transmitted an Ordinance consistent with the request.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its first
reading:
(#26116) AN ORDINANCE providing for the City's quitclaim conveyance
of it's interests, if any, in a parcel of real estate adjacent to the Oak-
land School property on Williamson Road, to W. Heywood Fralin, G. Wayne
Fralin, Horace G. Fralin and Ollie P. Fralin.
The motion was seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland and
Mayor Taylor ............................................................. 6.
NAYS: None ......................................................... O.
(Council member Harvey abstained from voting.)
DIRECTOR OF FINANCE:
CITY EMPLOYEES: The Director of Finance and the City Treasurer
submitted a Joint written report with regard to automatic deposit of
payroll checks of City employees, advising that City Code Section 2-175
requires that all checks drawn on the City's bank accounts be signed by
the City Treasurer, that the Code makes no provision for the debit memo
procedure used to automatically deposit employee pay, and recommending
that the City Code be amended to allow the City's checking accounts to
receive debit memo charges in order to acco~nodate electronic funds
transfers, and the propriety of any charges to the City's checking account
will remain the responsibility of the City Treasurer.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#26117) AN ORDINANCE amending Chapter 2, Administration, of the
Code of the City of Roanoke (1979), as amended, by amending Section
2-175, Si~nin~ of checks, and adding a new section 2-177, Automatic deposit
authorized~ to permit the direct deposit of employee compensation; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 302.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Butler~ Garland, Harvey
and Mayor Taylor ........................................................... 7.
NAYS: None ........................................................... O.
162
ACTION:
ACTION:
PENSIONS: Pursuant to the request of Council, the Director of Finance
submitted a written report with regard to cost-of-living adjustments for
City retirees.
(For full text, see report on file in the City Clerk's Office.)
In view of the fact that the report is quite lengthy, Mr. Harvey
moved that action thereon be deferred until the next regular meeting of
Council on Monday, July 12, 1982, at 7:30 p.m. The motion was seconded by
Mr. Trout and unanimously adopted.
It was agreed that Council will meet informally with the Director of
Finance-on Monday, July 12, 1982, at 6:00 p.m., to review the report in
detail.
CITY EMPLOYEES-BUDGET: The Director of Finance submitted a written
report in regard to Social Security refunds to employees and the City of
Roanoke for sick pay, advising that on May 10, 1982, the City received a
final refund of $41,639.58, that the City has held in escrow since December
7, 1981, employee refunds totalling $43,332.68 which could not be refunded
until the final refund was calculated and received; that Management Improvement
Corporation of America (MICA) has prepared a detailed distribution listing
of employees due refunds consisting of the following:
Escrow held since December 7, 1981
$ 43,332.68
Funds received May 10, 1982
20~992.04
Total employee refunds
$ 64~324.72
recommending that the special checking account previously established in
the Office of the City Treasurer be used, that the City Treasurer's Office
be commended for agreeing to accept the responsibility of preparing the
refund checks, establish a liability account in the amount of $64,324.72
which is the amount to be refunded to the employees through the special
checking account, and approve the following revenue and appropriation
changes to the fiscal year 1982 General Fund budget:
Revenue Estimate:
FICA reimbursements
$ 20~647.54
Appropriations:
MICA - FICA recovery contract
10,323.77
Fringe Benefits
10,323.77
$ 20~647.54
Mr. Schlanger advised that $10,323.77 will be paid to MICA per the contract
and further recomended that the employer's share of $10,323.77 be placed
in the Fringe Benefit account for Health Insurance to cover an anticipated
shortfall.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#26118) AN ORDINANCE to amend and reordain certain sections of the
1981-82 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 302.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor .......................................................... 7.
NAYS: None .......................................................... 0.
163
ACTION:
ACTION:
INSURANCE-CITY EMPLOYEES: The Director of Finance submitted a
written report advising that the City Manager was authorized to enter into
an agreement with Blue Cross/Blue Shield of Southwestern Virginia for
interim employee medical insura~ce from September 1, 1981, and through
December 31, 1981, per Council report dated September 28, 1981, and that
the agreement provided for a final accoumting of the difference between
premiums paid and claims paid to be settled as of June 30, 1982.
Mr. Schlanger advised that the current status is the net difference bet-
ween premiums paid and claims paid for the period September 1, 1981,
through December 31, 1981; that as of April 30, 1982, there is a deficit
balance of $50,393.00, the total deficit estimated not to exceed $60,324,00,
and the agreement provides that the payment is due in full within ten days
of invoicing. He pointed out that the City's portion of Social Security
refunds for sick pay was $10,324.00, discussed in a separate report and
recommended to be appropriated to the Medical Insurance Account. He said
an additional $50,000.00 appropriation is recommended to provide adequate
funds to liquidate this current liability for the year ending June 30,
1982; and recommended the appropriation of $50,000.00 from the following
Contingency Reserve
Snow Removal
Miscellaneous Refunds
$ 36,027.11
8,269.00
5,703.89
Total $ 50,000.00
and the appropriation to the Fringe Benefit Account for the Medical Insurance
Account should be increased.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency Ordinance:
(#26119) AN ORDINANCE to amend and reordain certain sections of the
1981-82 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 303.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor ........................ ~ .................................. 7.
NAYS: None ........................................................... 0.
PARKS AN PLAYGROUNDS-BUDGET-CENTURY PROJECT: The Director of Finance
submitted a written report advising that Council adopted Ordinance No.
25940 at its March 15, 1982 meeting appropriating $188,775.00 to construct
the Church Avenue Park, that First National Exchange Bank agreed to support
this project for $50,000.00 and recently contributed $25,000.00 of this
amount; that since the project was fully funded from City sources, this
contribution may be used in lieu of an equal amount of City funds for
this project and the $25,000.00 of City funds cam now be returned to the
Capital Improvement Reserve Park Improwements account from which it was
appropriated. Mr. Schlanger recou~nended that Council adopt the appropriate
Ordinance appropriating the $25,000.00 contribution from the First National
Exchange Bank to the Church Avenue Park Project and return $25,000.00 of City
funds to the Park Improvements Account to be appropriated by Council for
future projects.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#26120) AN ORDINANCE to amend and reordain certain sections of the
1981-82 Capital Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 303.)
164
ACTION:
ACTION:
ACTION:
Hrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Coumcil members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor .......................................................... 7.
NAY S: None ........................................................... 0.
AUDITS: The Director of Finance submitted the financial report for
the month of May, 1982.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that the report be received and filed. The motion
was seconded by Mr. Trout and unanimously adopted.
At 4:30 p.m., the Mayor declared the meeting recessed.
At 4:40 p.m., the meeting reconvened in the Council Chamber with all
members of the Council present, Mayor Taylor presiding.
REPORTS OF COMMITTEES:
HOUSING-CITY PROPERTY: Council member Elizabeth T. Bowles, Chairman
of the Water Resources Comittee, presented a written report of the Commit-
tee recommending that the deed to seven City-owned lots in the Deanwood
Co~manity Development Project area be transferred to the Roanoke Redevelopment
and Housing Authority for use in connection with the Deanwood Community
Development 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:
(#26121) AN ORDINANCE providing for the City's conveyance of certain
lots Roanoke Redevelopment and Housing Authority for use in connection with
the Deanwood Community Development project.
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor .......................................................... 7.
NAYS: None .......................................................... O.
AUDIT COMMITTEE: Council member James G. Harvey, II, Chairman of the
Audit Committee, presented minutes of the meeting held on Wednesday, June
16, 1982, advising that the Committee reviewed, received and filed the
following reports from the Municipal Auditor:
Community Development Block Grant - June 30, 1980
Employee Compensation Cycle Review - Phase 2
Engineering, Planning, and Building Inspection - March 31, 1982
Roanoke City Nursing Home - March 31, 1982
Office of Billings and Collections - March 31, 1982
Annual Report for the Year Ending June 30, 1982
and the Committee reviewed, received and filed the Peat, Marwick, Mitchell
& Company, June 30, 1982 Audit Plan.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Harvey moved that the minutes be received and filed. The motion
was seconded by Mr. Trout and unanimously adopted.
165
ACTION:
ACTION:
SEWERS AND STOP~H DRAINS: Council member Robert A. Garland, Chairman
of the com~ittee appointed by the Mayor to tabulate bids received for Bond
Issue Storm Drain Project IV, Whitm-n Street, Melcher Street and New
Spring Branch Road, submitted a written report of the committee recom-
mending that a unit price contract be awarded to S. C. Rossi and Company,
Incorporated, in the amount of $221,199.50, that a contingency be established
in the amount of $11,000.50, and that the Director of Finance be authorized
to transfer the following amounts from the existing accounts to Storm
Drain Project No. IV:
Bond Storm Drain Account $ 74,165.63
Norwood Storm Drain Account 30,726.72
Curb and Gutter Account 1,483.07
Hanover Storm Drain Account 9,049.60
Southern Hills Storm Drain Account 2,107.00
Capital Improvement Reserve Storm Drain
Account
114~667.98
Total $232,200.00
($221,199.50 contract and $11,000,50 contingency)
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#26122) AN ORDINANCE to amend and reordain certain sections of the
1981-82 Capital Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 304.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor .......................................................... 7.
NAYS: None .......................................................... 0.
Mr. Garland offered the following emergency Ordinance:
(#26123) AN ORDINANCE accepting the bid of S. C. Rossi and Co., Inc.,
for the construction of Bond Issue Storm Drain Project IV and awarding a
contract therefor; authorizing the proper City officials to execute the
requisite contract for such work; rejecting the other bids made to the
City for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 304.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor ........................................................... 7.
NAYS: None .......................................................... 0.
AIRPORT: Council member RObert A. Garland, Chairman of the co~m~ittee
appointed by the Mayor to tabulate bids received for new wiring, conduit,
fixture base and steel housing for Medium Intensity Taxiway Lights for
Taxiways 15 and 5 at Roanoke Municipal Airport, Woodrum Field, submitted a
written report of the co~nittee recommending that the low bid of Ocean
Electric Company, in the amount of $24,400.00 and sixty consecutive calen-
dar days construction time, be accepted.
(For full text, see report on file in the City Clerk's Office.)
166
ACTION:
ACTION:
ACTION:
Mr. Garlamd offered the following emergency Ordinance:
(#26124) AN ORDINANCE accepting a certain proposal and awarding a
contract for the improvement of medium intensity lights on portions of
Taxiway 15-5 at Roanoke Municipal Airport, Woodrum Field; authorizing the
proper City officials to execute the requisite contract; and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 305 .)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor ........................................................... 7.
NAYS: None .......................................................... O.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
STREETS AND ALLEYS: Ordinance No. 26049 permanently vacating, discon-
tinuing and closing a 20 foot drainage easement across property on Belle
Avenue, N. W., in the City of Roanoke, having previously been before the
Council for its first reading on Monday, June 14, 1982, read and adopted
on its first reading and laid over, was again before the body, Mr. Trout
offering the following for its second reading and final adoption:
(#26049) AN ORDINANCE permanently vacating, discontinuing and clos-
ing a 20 ft. drainage easement across property on Belle Avenue, N. E., in
the City of Roanoke, Virginia, as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 47, page 284.)
Mr. Trout moved the adoption of the Ordinance. The motion was second-
ed by Mr. Musser and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor ......................................................... 7.
NAYS: None ........................................................ O.
STREETS AND ALLEYS: Ordinance No. 26050 permanently vacating, discon-
tinuing and closing an alley ten feet in width extending in an east/west
direction from 25th Street to 27th Street, between Shenandoah Avenue and
Johnston Avenue, N. W., in the City of Roanoke, Virginia, as is more
particularly described hereinafter, having previously been before the
Council for its first reading on Monday, June 14, 1982, read and adopted
on its first reading and laid over, was again before the body, Mr. Trout
offering the following for its second reading and final adoption:
(#26050) AN ORDIN;/~CE permanently vacating, discontinuing and closing
an alley 10 feet in width extending in an East/West direction from 25th
Street to 27th Street, between Shenandoah Avenue and Johnston Avenue, N.
W., in the City of Roanoke, Virginia, as is more particularly described
hereinafter.
(For full text of Ordinance, see Ordinance Book No. 47, page 285.)
Mr. Trout moved the adoption of the Ordinance. The motion was second-
ed by Mr. Garland and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor ......................................................... 7.
NAYS: None ......................................................... 0.
167
ACTION:
ACTION:
ACTION:
ZONING: Ordinance No. 26051 rezoning a tract of land lying between
the existing Seibel Brothers Equipment Company and Statesman Plaza Shop-
ping Center now under construction, on U. S. Route 460 ( Orange Avenue, N.E.),
containing 5.003 acres, and designated on Roanoke City Appraisal Map as
Official Tax No. C-7150102, from C-2, General Co~ercial District, to LM,
Light Manufacturing District, having previously been before the Council
for its first reading on Monday, June 14, 1982, read and adopted on its
first reading and laid over, was again before the body, Mr. Trout offering
the following for its second reading and final adoption:
(#26051) AN ORDINANCE to amend Sections 36-3 and 36-4, Code of the
City of Roanoke (1979), as amended, and Sheet No. 715, Sectional 1976 Zone
Map, City of Roanoke, in relation to Zoning.
(For full text of Ordinance, see Ordinance Book No. 47, page 286.)
Mr. Trout moved the adoption of the Ordinance. The motion was second-
ed by Mr. Musser and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor .......................................................... 7.
NAYS: None .......................................................... O.
ZONING: Ordinance No. 26052 rezoning two parcels of land lying on
the southerly side of Thurston Avenue, N. E., at its intersection with the
easterly side of Colgate Street, N. E., and lying on the southerly side of
Lone Oak Avenue at its intersection with the easterly side of Colgate
Street, N. E., and designated on Roanoke City Appraisal Map as Official
Tax Nos. 3110601 - 3110606, inclusive, and 3071022, 3071024 and 3071025,
together with that portion of Lone Oak Avenue (to be closed), lying bet-
ween said parcels, from RD, Duplex Residential District, to LM, Light
Manufacturing District, subject to certain proffered conditions, having
previously been before the Council for its first reading on Monday, June 14,
1982, read and adopted on its first reading and laid over, was again
before the body, Mr. Trout offering the following for its second reading
and final adoption:
(#26052) AN ORDINANCE to amend Sections 36-3 and 36-4, Code of the
City of Roanoke (1979), as amended, and Sheet Nos. 307 and 311, Sectional
1976 Zone Map, City of Roanoke, in relation to Zoning, subject to certain
conditions.
(For full text of Ordinance, see Ordinance Book No. 47, page 287.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Musser, Bowles, Butler, Garland, Harvey and
Mayor Taylor ............................................................ 6.
NAYS: None ....................................................... 0.
(Council member Trout was out of the Council Chamber.)
AIRPORT: Ordinance No. 26059 authorizing and directing the proper
City officials to enter into a lease between the City and the United
States of America, Federal Aviation Administration for use of a utility
building and surrounding parcel of land at Roanoke Municipal Airport,
Woodrum Field, upon certain terms and conditions, having previously been
before the Council for its first reading on Monday, June 14, 1982, 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:
(#26059) AN ORDINANCE authorizing and directing the proper City
officials to enter into a lease between the City and the United States of
America, Federal Aviation Administration for use of a utility building and
surrounding parcel of land at Roanoke Municipal Airport, Woodrum Field,
upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 47, page 288.)
168
ACT ION:
ACTION:
ACTION:
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor ......................................................... 7.
NAYS: None .......................................................... O.
HOUSING-EASEMENTS: Ordinance No. 26061 authorizing the City Manager
to execute an easement for telephone facilities with respect to Section
Nine, Gainsboro Community Development Program, having previously been
before the Council for its first reading on Monday, June 14, 1982, read
and adopted on its first reading and laid over, was again before the body,
Mr. Trout offering the following for its second reading amd final adoption:
(#26061) AN ORDINANCE authorizing the City Manager to execute an
easement for telephone facilities with respect to Section Nine, Gainsboro
Commm~nity Development Program.
(For full text of Ordinance, see Ordinance Book No. 47, page 288.)
Mr. Trout moved the adoption of the Ordinance. The motion was second-
ed by Dr. Butler and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor ......................................................... 7.
NAYS: None ......................................................... -0.
PARKS AND PLAYGROUNDS-SPECIAL PERMITS: Ordinance No. 26063 authorizing
execution of a license agreement permitting a certain encroachment by
Firehouse Associates, a Virginia limited partnership, owner of property at
10 East Church Avenue, upon certain property of the City bearing Official
Tax No. 4011308, upon certain terms and conditions, having previously been
before the Council for its first reading on Monday, June 14, 1982, read
and adopted on its first reading and laid over, was again before the body,
Mr. Trout offering the following for its second reading and final adoption:
(#26063) AN ORDINANCE authorizing execution of a license agreement
permitting a certain encroachment by Firehouse Associates, a Virginia
limited partnership, owner of property at 10 East Church Avenue, upon
certain property of the City bearing Official Tax No. 4011308, upon certain
terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 47, page 289.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland and
Mayor Taylor .............................................................. 6.
NAYS: None ........................................................... 0.
(Council member Harvey abstained from voting.)
CITY PROPERTY-PURCHASE/SALE OF PROPERTY-CITY GARAGE: Ordinance No.
26075 authorizing the appropriate City officials to grant to Michael R.
Ashby an option to purchase the old City Garage property, upon certain
terms and conditions, having previously been before the Council for its
first reading on Monday, June 14, 1982, read and adopted on its first
reading and laid over, was again before the body, Mr. Trout offering the
following for its second reading and final adoption:
(#26075) AN ORDINANCE authorizing the appropriate City officials to
grant to Michael R. Ashby an option to purchase the old City Garage property.
(For full text of Ordinance, see Ordinance Book No. 47, page 289.)
Hr. Trout moved the adoption of the Ordinance. The motion was second-
ed by Dr. Butler and adopted by the followin$ vote:
AYES: Council members Husaer, Trout, Bowles, Butler, Garland, Harvey
and Hayor Taylor ........................................................
NAYS: None .......................................................... -0.
MOTIONS AND'HISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COI~4ENTS BY THE HAYORAND MEHBERS OF CITY COUNCIL:
CELEBRATIONS: The City Clerk read the following House Joint Resolution
comending the City on the celebration of its centennial:
"COHHONWEALTH OF VIRGINIA
GENERAL ASSEMBLY
HOUSE JOINT RESOLUTION NO. 62
On the centennial celebration of the City of Roanoke.
WHEREAS, the City of Roanoke, by the Indian pronunciation "Ro-a-noke,"
celebrated its one-hundredth birthday on February 3, 1982; and
WHEREAS, Roanoke, a city born at the juncture of two rail systems in
1882, has long been considered by many people as a "rough, ragged railroad
town" and was long dominated by the railroad as the chief employer of city
residents; and
WHEREAS, Roanoke has undergone many changes to shake that image,
including a revitalized downtown area and a diversified business and
industrial base; and
WHEREAS, beginning in the 1950's and 1960's when changes in the rail-
road and other industries swelled the unemployment figure to the fifteen
percent level, business and civic leaders joined forces to try to stimulate
a more diversified economy; and
WHEREAS, since 1975, nearly $100 million in new construction has gone
into revitalizing the downtown area, and this birthday celebration will
coincide with the completion of Century Project, a municipal capital improve-
ment program which includes an $11 million courthoue, an addition to the
city's main library, and a $10 million downtown arts center; and
WHEREAS, the citizens and leaders are proud of the fact that this
boom has not been at taxpayer expense; in fact, property tax rates have been
cut during the last four years, and municipal expenditures have been held to
twenty percent under the inflation rate; and
WHEREAS, among the many events celebrating this centennial was a tour
by the Geneal Assembly, and on December 31, 1982, a time capsule will be
buried holding records of the celebration and of life in Roanoke in 1982;
now, therefore, be it
RESOLVED by the House of Delegates, the Senate concurring, That the
City of Roanoke be and is hereby comended on this special centennial
event and congratulated on the many fine accomplishments by the city and
its citizens to make Roanoke and, in turn, this Com~onwealth a better place
to live and work; and, be it
RESOLVED FINALLY, That the Clerk of the House of Delegates prepare
a copy of this resolution for presentation to the Mayor of the City of
Roanoke.
Agreed to by the House of Delegates,
February 10, 1982
S/ J. H. Holloman, Jr.
J. H. Holloman, Jr.
Clerk.
Agreed to by the Senate,
March 11, 1982
S/ J. T. Shropshire
J. T. Shropshire
Clerk."
ACTION:
ACTION:
ACTION:
ACTION:
Mr. Garland moved that the Resolution be received and filed with
appreciation. The motion was seconded by Dr. Butler and unan4mo_usly
adopted.
OTHER HEARINGS OF CITIZENS: NONE.
At 5:00 p.m., the Mayor declared the meeting recessed.
At 5:10 p.m,, the meeting reconvened in the Council Chamber with all
members of the Council present, Mayor Taylor presiding.
LIBRARIES: The Mayor advised that the three years terms of Mr. Evans
B. Jessee, Mrs. Elizabeth M. Drewry and Mrs. John H. Morrow as members of
the Roanoke Public Library Board will expire on June 30, 1982, and called
for nominations to fill the upcoming vacancies.
Mrs. Bowles placed in nomination the nmmes of Mr. Evans B. Jessee,
Mrs. Elizabeth M. Drewry and Mrs. John H. Morrow.
There being no further nominations, Mr. Jessee, Mrs. Drew~y and Mrs.
Morrow were reelected as members of the Roanoke Public Library Board for
terms of three years each ending June 30, 1985, by the following vote:
FOR MR. JESSEE, MRS. DREWRY AND MRS. MORROW: Council members Musser,
Trout, Bowles, Butler, Garland, Harvey and Mayor Taylor ................... 7.
SCHOOLS: The Mayor advised that the four year terms of Mr. William
S. Russell and Mr. Maury L. Strauss as members of the Virginia Western
Community College Board will expire on June 30, 1982, and called for
nominations to fill the vacancies,
Mrs. Bowles placed in nomination the names of Mr. William S, Russell
and Mr. Maury L. Strauss.
There being no further nominations, Messrs. Russell and Strauss were
reelected as members of the Virginia Western Community College Board for
terms of four years each ending June 30, 1986, by the following vote:
FOR MR. RUSSELL AND MR. STRAUSS: Council members Musser, Trout,
Bowles, Butler, Garland and Mayor Taylor ................................. 7.
FRANCHISES: The Mayor advised that the one year term of Mr. Paul C.
Buford as a member of the Franchise Study Committee will expire on June
30, 1982, and called for nominations to fill the vacancy.
Mrs. Bowles placed in nomination the name of Mr. Paul C. Buford.
There being no further nominations, 1/r. Buford was reelected as a
member of the Franchise Study Co~m~ittee for a term of one year ending June
30, 1983, by the following vote:
FOR MR. BUFORD: Council members Musser, Trout, Bowles, Butler,
Garland, Harvey and Mayor Taylor ......................................... 7.
ROANOKE CITY ARTS COMMISSION: The Mayor advised that one year terms
of Ms. Martha S. Bell, Ms. Nettle Lee Kitchen, Mr. Eric E. Fitzpatrick,
Mr. W. L. Whitwell, Mr. John W. Creasy, Ms, Elizabeth C, Muse and
Kathryn R. Willis as members of the Roanoke City Arts Co~ission will
expire on June 30, 1982, that Ms. Bell, Ms, Kitchen and Mr. Fitzpatrick
have declined to serve another term, and called for nominations to fill
the vacancies.
Mrs. Bowles placed in nomination the names of Mr. W. L. Whitwell, Mr.
John W. Creasy, Ms. Elizabeth C. Muse and Ms. Kathry~ R. Willis.
There being no further nominations, Mr. Whitwell, Mr. Creasy, Ms.
Muse and Ms. Willis were reelected as members of the Roanoke City Arts
Co~ission for terms of one year each ending June 30, 1983, by the following
vote:
FOR MR. WHITWELL, MR. CREASY, MS. MUSE AND MS. WILLIS: Council
members Musser, Trout, Bowies, Butler, Garland, Harvey and Mayor Taylor---7.
171
ACTIOM:
ACTION:
ACTION:
CITIZENS' SERVICES CO~4MITTEE: The Mayor advised that the one year
terms of Mr. Harold P. Kyle, Mr. Charles W. Walker, Mr. Stanley R. Hale,
Mr. James D. Ritchie, Ms. Robbie H. Burton, Ms. Bernice F. Jones and Mr.
Raleigh Campbell as members of the Citizens' Services Committee will
expire on Ju~e 30, 1982, and called for nominations to fill the vacancies.
Mrs. Bowles placed in nomination the names of Mr. Harold P. Kyle, Mr.
Charles W. Walker, Mr. Stanley R. Bale, Mr. James D. Ritchie, Ms. Robbie
R. Burton, Ms. Bernice F. Jones and Mr. Raleigh Campbell,
There being no further nominations, Mr. Kyle, Mr. Walker, Mr. Hale
Mr. Ritchie, Ms. Burton, Ma. Jones and Mr. Campbell were reelected as
members of the Citizens' Services Co,~,ittee for one year terms ending
June 30, 1983, by the following vote:
FOR MR. KYLE, MR. WALKER, MR. HALE, MR. RITCHIE, MS. BURTON, MS.
JONES AND MR. CAMPBELL: Council members Musser, Trout, Bowles, Butler,
Garland, Harvey and Mayor Taylor ...................................... 7.
FLOOD PLAIN COMMITTEE: The Mayor advised that the one year terms of
Messrs. George L. Pitzer, Vincent S. Wheeler, Jim Sailors, J. T. Hopkins,
Jr., Read A. Lunsford, Gordon N. Dixon (Executive Director of the Fifth
Planning District Con~ission) and William H. Flannagan as members of the
Flood Plain Committee will expire on Ju~e 30, 1982, and called for nomina-
tions to fill the vacancy.
Mrs. Bowles placed in nomination the names of Messrs. George L.
Pitzer, Vincent S. Wheeler, Jim Sailors, J. T. Hopkins, Jr., Read A. Lunsford,
and Gordon N. Dixon.
There being no further nominations, Messrs. Pitzer, Wheeler, Sailors,
Hopkins, Lunsford and Dixon were reelected as members of the Flood Plain
Committee for terms of one year each ending June 30, 1983, by the follow-
ing vote:
FORM ESSRS. PITZER, WHEELER, SAILORS, HOPKINS, LUNSFORD AND DIXON:
Council members Musser, Trout, Bowles, Butler, Garland, Harvey and Mayor
Taylor .................................................................... 7.
PARKS AND PLAYGROUNDS: The Mayor advised that the one year terms of
Mr. Samuel S. Bulbin, Mrs. Peyto~ B. Winfree, Mrs. James R. Alvis, Jr.,
Mr. M. Carl Andrews, Mr. Charles N. Freeman, and Mr. Robert N. Fishburn
as members of the Mill Mountain Development Committee will expire on June
30, 1982, and called for nominations to fill the vacancies.
Mrs. Bowles placed in nomination the names of Mr. Samuel S. Bulbin,
Mrs. Peyton B. Winfree, Mrs. James R. Alvis, Jr., Mr. M. Carl Andrews, Mr.
Charles N. Freeman and Mr. Robert N. Fishburn.
There being no further nominations, Mr. Bulbin, Mrs. Winfree, Mrs.
Alvis, Mr. Andrews, Mr. Freeman and Mr. Fishburn were reelected as members
of the Mill Mountain Development Committee for terms of one year each
ending June 30, 1983, by the following vote:
FOR MR. BULBIN, MRS. WINFREE, MRS. ALVIS, MR. ANDREWS, MR. FREEMAN
AND MR. FISHBURN: Council members Musser, Trout, Bowles, Butler, Garland,
Harvey and Mayor Taylor .................................................. 7.
TAXES: The Mayor advised that the two year terms of Messrs. Maury L.
Strauss, Percy T. Keeling and James R. Sprinkle as members of the Revenue
Study Commission will expire on June 30, 1982, and called for nominations
to fill the vacancies.
Mrs. Bowles placed in nomination the names of Messrs. Maury L. Strauss
Percy T. Keeling and James R. Sprinkle.
There being no further nominations, Messrs. Strauss, Keeling and
Sprinkle were reelected as members of the Revenue Study Commission for
terms of two years each ending June 30, 1984, by the following vote:
FOR MESSRS. STRAUSS, KEELING AND SPRINKLE: Council members Musser,
Trout, Bowles, Butler, Garland, Harvey, and Mayor Taylor ................. 7.
172
ACTION:
ACTION:
ACTION:
ACTION:
PERSONNEL: The Hmyor called to the attention of Council that the
three year terms of Hr. John R. Larew, Hr. Allen T. Nelms, and Ms. Louise
K. Riddick as members of the Personnel and Employment Practices Commission
will expire on June 30, 1982, and called for nominations to fill the
vacancies.
Mrs. Bowles placed in nomination the names of Mr. John R. Larew, Mr.
Allen T. Nelms, Jr., and Ms. Louise K. Riddick.
There being no further nominations, Mr. Larew, Mr. Nelms an4 M~.
Riddick were reelected as members of the Personnel and Employment Practices
Commission for terms of three years each ending June 30, 1985, by the
following vote:
FOR MR. LAREW, MR. NELMS AND MS. RIDDICK: Council members Musser,
Trout, Bowles, Butler, Garland, Harvey and Mayor Taylor ................. 7.
PENSIONS: The Mayor advised that the four year term of Mr. F. Wiley
Hubbell as a member of the Board of Trustees, Employees' Retirement System,
will expire on June 30, 1982, and called for nominations to fill the
vacancy.
Mrs. Bowles placed in nomination the name of Mr. F. Wiley Hubbell.
There being no further nominations, Mr. Hubbell was reelected as a
member of the Board of Trustees, Employees' Retirement System for a term
of four years ending June 30, 1986, by the following vote:
FOR HUBBELL: Council members Musser, Trout, Bowles, Butler, Garland,
Harvey and Mayor Taylor .................................................. 7.
AIRPORT: The Mayor advised that the four term terms of Mr. Sidney A.
Weinstein and Mr. Samuel H. Stuart as members of the Airport Advisory
Commission will expire on June 30, 1982, that Mr. Stuart has declined to
serve another term, and called for nominations to fill the vacancies.
Mrs. Bowles placed in nomination the name of Mr. Sidney A. Weinstein.
There being no further nominations, Mr. Weinstein was reelected as a
member of the Airport Advisory Commission for a term of four years ending
June 30, 1986, by the following vote:
FOR MR. WEINSTEIN: Council members Musser, Trout, Bowies, Butler,
Garland, Harvey and Mayor Taylor ......................................... 7.
FIRE DEPARTMENT: The Mayor advised that the four year terms of Mr.
Wilfred C. Traynham and Mr. S. L. Lovelace as members of the Board of Fire
Appeals will expire on June 30, 1982, and called for nominations to fill
the vacancies.
Mrs. Bowles placed in nomination the names of Mr. Wilfred C. Traynham
and Mr. S. L. Lovelace.
There being no further nominations, Mr. Traynham and Mr. Lovelace
were reelected as members of the Board of Fire Appeals for terms of four
years each ending June 30, 1986, by the following vote:
FORM Il. TRAYNHAM AND MR. LOVELACE: Council members Musser, Trout,
Bowles, Butler, Garland, Harvey and Mayor Taylor ........................... 7.
PLANNING: The Mayor advised that the three year terms of Mr. Ross C.
Hart, Mr. David H. Woodbury and Mrs. Elizabeth T. Bowles as members of the
Fifth Planning District Co~ission will expire on June 30, 1982, and
called for nominations to fill the vacancies.
Mrs. Bowles placed in nomination the names of Mr. Ross C. Hart, Mr.
David H. Woodbury, and Mrs. Elizabeth T. Bowles.
There being no further nominations, Mr. Hart, Mr. Woodbury and Mrs.
Bowles were reelected as members of the Fifth Planning District Commission
for terms of three years each ending June 30, 1985, by the following vote:
FOR MR. HART, MR. WOODBURY AND MRS. BOWLES: Council members Musser,
Trout, Bowles, Butler, Garland, Harvey, and Mayor Taylor .................... 7.
173
ATTEST:
There being no further business, the 14ayor declared the meeting
adjourned at
APPROVED
City Clerk ltayor
174
175
ORGANIZATIONAL MEETING ~-- ROANOKE CITY COUNCIL
July 6, 1982
2:00 p.m.
The Council of the City of Roanoke held its organizational meeting on Tuesday,
July 6, 1982, at 2:00 p.m., in the Council Chamber in the Municipal Building, City of
Roanoke, 215 Church Avenue, S. W., with Mayor Noel C. Taylor presiding.
PRESENT: Council members Elizabeth T. Bowles, Wendell H. Butler, Robert A.
Garland, James G. Harvey, II, Howard E. Musser, James O. Trout and Mayor Noel C. Taylor--7.
ABSENT: None .................................................................. 0.
OFFICERS PRESENT: Mr. W. Robert Herbert, Assistant City Manager; Mr. Wilburn C.
Dibling, Jr., City Attorney; Mr. Joel M. Schlanger, Director of Finance; and Mrs. Mary F.
Parker, City Clerk.
The meeting was opened with a prayer by Mayor Noel C. Taylor.
The Pledge of Allegiance to the Flag of the United States of America was led by
Mayor Taylor.
The Mayor stated that Section 10 of the Roanoke City Charter provides that
at 2:00 p.m., on the first Monday of July next following each regular municipal
election, or if such day be a city holiday, then on the day following, the
Council shall meet at the usual place for holding meetings of the legislative
body of the City, at which time the newly elected Council members shall assume
the duties of their offices.
CITY GOVERNMENT: Before commencing with the business portion the Mayor
advised that during the past week the City of Roanoke served as host to Mayor
Seong, Kee-Bahgn, Mr. Robert Ahn, and Dr. and Mrs. Klm who are visiting the
City of Roanoke under the Sister City Program; whereupon, Mayor Taylor presented
the highest honor the City of Roanoke has to bestow, the Key to the City, to
Mayor Seong.
The Mayor presented a City of Roanoke tie tac to Mr. Ahn and Dr. Kim and a
City of Roanoke stick pin to Mrs. Klm.
Mayor Seong presented a plaque to Mayor Taylor with the following inscrip-
tion:
"Upon my honored visit to the City of Roanoke, our everlasting friend-
ship-bound Sister City of Wonju, I present this plaque as a token of
my earnest prayers for the City's progress and prosperity."
Mayor Seong presented each member of Council and certain city officials
with an autographed pictorial book on Wonju City.
The City Clerk called Council's attention to a certified copy of the
abstract of votes cast in the General Election held on May 4, 1982, for the
office of Member, City Council, certifying that Mr. Howard E. Musser, Mr. James O.
Trout and Mr. Robert A. Garland received the greatest number of votes cast in said
election.
The City Clerk also advised that Oaths of Office were administered to Mr.
Musser, Mr. Trout and Mr. Garland by the Honorable Jack B. Coulter, Judge of the
Circuit Court, on June 17, 1982, for terms of four years each commencing July 1,
1982, and ending June 30, 1986.
ACTION:
Mr. Musser having received the greatest number of votes cast in the Councilmanic
election and thus pursuant to Section 4 of the City Charter is elected Vice-
Mayor of the City of Roanoke for a term commencing July 1, 1982, and continuing
for a period of two years until his successor has been elected and qualified,
Mr. Harvey offered the following Resolution:
176
(#26125) A P~SOLUTION recogniziu$ the HONORABLE HOWARD E. MUSSER to be a
member of the City Council and Vice-Mayor of the City of Roanoke.
(For full text of Resolution, see Resolution Book No. 47, page 309.)
Mr. Harvey moved the adoption of the Resolution. The motion was seconded
by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Trout and Mayor
Taylor .................................................................... 6.
NAYS: None ........................................................... O.
(Council member Musser abstained from voting.)
There being no further business, the Mayor declared the organizational
meeting adjourned at 2:45 p.m.
APPROVED
ATTEST: ~~
City Clerk
Mayor
17'7
REGULARWEEKLY SESSION .... ROANOKE CITY COUNCIL
July 12, 1982
7:30 p.m.
The Council of the City of Roanoke met in regular meeting in the Council
Chamber in the Municipal Building, City of Roanoke, on Monday, July 12, 1982, at 7:30
p.m., the regular meeting hour, with Mayor Noel C. Taylor presiding.
PRESENT: Council members James O. Trout, Elizabeth T. Bowles, Wendell H.
Butler, Robert A. Garland, James G. Harvey, II, Howard E. Musser and Mayor Noel C.
Taylor .......................................................................... 7.
ABSENT: None ............................................................. 0.
OFFICERS PRESENT: Mr. W. Robert Herbert, Assistant City Manager; Mr. Wilburn
C. Dibling, Jr., City Attorney; Mr. William X Parsons, Assistant City Attorney; Mr. Joel
M. Schlanger, Director of Finance; and Mrs. Mary F. Parker, City Clerk.
The invocation was delivered by Mayor Noel C. Taylor.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Taylor.
CITY GOVERNMENT: The Mayor presented his 1982 State of the City
message containing the following recommendations:
"Recomanendations
I recommend that we hold City Council meetings in the four
quadrants of the City with one session being held each quar-
ter of the year. The meeting should be held at some central lo-
cation and I suggest that City Council acting as a Committee of
the Whole will decide whether the meeting will be formal or
informal.
I recommend that a City tour will be established for citizens
to provide them with first hand information about City services,
facilities and expenditures. I further suggest that this recom-
mendation will be referred to the City Manager and Administra-
tive officials for study and suggestions of how the tour may be
economically established.
I recommend that when the room that is presently being used by
the Centennial Commission for coordinating its program ~s no
longer needed for that purpose that it will be converted into a
room to be used by members of City Council.
I recommend that the City of Roanoke will consider raising
$1,000 for the National Sister City Headquarters Building in
northern Virginia and qualify as an Honor Roll member. The
method of raising the money should be determined by City Council
and the City Manager.
The Mayor of Wonju, Korea and other Korean dignitaries visited
us in 1976 and again this year during our Centennial and Indepen-
dence Day celebration. It was also the Centennial celebration
of diplomatic relations between the United States and Korea.
Mayor Seong Kee Baghn has requested that the City of Roanoke
consider sending official representatives to Wonju for the
Roanoke Days Celebration in 1983, and I recommend that we favorably
consider the request.
178
The City of Roanoke has made great strides in creating an economical-
ly viable downtown and in preparing the people in our neighborhoods
to take on the challenges they face in a spirit of cooperation
with the City. Continuing accomplishment towards these goals
helps lay a good foundation for future prosperity.
However, real prosperity can only be achieved when there are Job
opportunities for those who seek them. Those recreational, cultural,
educational, and social activities that all go towards making up
Roanoke's excellent quality of life cannot be enjoyed if people have
no income from a Job to meet life's basic requirements.
Over the last several months our City Administration and City
Council have heard our citizens express the desire for economic
growth in the Roanoke Valley sufficient to provide Job opportunities
for themselves and their children. In order for Roanoke to experience
economic growth, our present industries must grow and new businesses
must be brought into the Valley.
These new and expanding businesses must produce goods and services
that are exported out of the Valley so that new dollars from the
outside are brought into Roanoke to be circulated in our department
stores, groceries, service stations, restaurants, etc. According to
the Virginia State Division of Industrial Development, 163 additional
service and support jobs are created in a community by a new 100
employee manufacturing plant.
Based on these facts, I am proposing a two-step program to help
increase Economic Development activiites in the City.
Step One is a program to attract new industry to the area.
What are our chances of attracting new industry? Experts
in the field or Economic Development with the railroad,
utilities, banks, Chamber of Commerce, Industrial Realtors,
Consultants, and the State Division of Industrial Development,
all agree that the characteristics of the Roanoke Valley;
its transportation system, utilities, taxes, quality of
life, and its people make it very attractive for prospective
new major industry. However, those same experts also
agree that while these characteristics made the Roanoke
Valley easy to sell, all to often a sold prospective com-
pany has no available sites from which to select.
Sure there is land in Roanoke. However, a lot of work
must go into a piece of land before it is considered a
site. It must have utilities, good access, and no topo-
graphic problems. The current lack of prepared sites in
Roanoke is magnified by the fact that our competition
(other cities) either have prepared sites or are in the
process of developing industrial parks. A site selection
expert for a given company will recommend that the company's
new plant be located in those cities that have prepared
sites every time.
The joint Industrial Fact Finding Commission established by the
Roanoke City Council and the Roanoke County Board of Supervisors has
recognized these factors and at its last meeting in April, asked that
each jurisdiction identify land within its boundaries that might be
purchased and prepared for economic development purposes.
Based on their request and in an effort to implement Step 1, I
am naming a team of experts in the field of economic development to
thoroughly research the potential for preparing land in Roanoke City
for economic developmnet purposes. This team of experts will comprise
Roanoke's new Economic Development Commission. The Commission will
recommend to City Council actions that Council needs to take in order
to guarantee that the City has prepared sites for new industry. This
includes the need for a Master Plan for development of sites and a
marketing device to ensure that those sites are sold to National
Companies. I want this Commission to return with recow~endations
that will solve Roanoke's problem of lack of industrial sites
for the next 20 - 30 years.
The Economic Development Commission will be composed of
the following individuals:
James O. Trout, Chairman
Noel C. Taylor
H. B. Ewert
L. Graham Haynie
Jack C. Smith
Charles R. Saul
Frederic H. Phillips
Stanley R. Hale
William White
Beverly T. Fitzpatrick, Jr.
Jane Bulbin
Brian J. Wishneff, Secretary
The Commission members shall serve until its final recommendations
are made to City Council. The Commission should be ready with
its initial recommendations by September 1, 1982. The Mayor
will decide if and what function the Commission shall continue
to serve ~fter its final recommendations are received.
Step Two is an effort to ensure that existing
businesses stay and expand in the City.
No comprehensive Economic Development Program
would be complete without addressing the need
to work with existing business in the City.
According to the Department of Labor, 80% of
ail new manufacturing jobs come from expansion
of existing manufacturers. Over the last two
years 57% of all new manufacturing jobs in the
State of Virginia have come from expansion of
existing business. Keeping existing business
in the City is not important because it main-
tains jobs and taxes; these existing business
owners are a key part of the process of recruit-
ing new businesses.
Let's assure ourselves that we keep those existing City
businesses happy for they are our greatest source of new jobs.
The City's Office of Economic Development and Grants has
been meeting and working with existing business on an informal
basis to assist them with their problems. However, working
with existing business needs the same kind of high profile we
wish to give to attracting new industry. Therefore, I am
asking the Office of Economic Development and Grants to act as
the Mayor's representative in:
Making weekly visits to existing businesses
to discuss their needs and problems.
Act as a site locator in working with existing
businesses on their expansion programs.
Act as a liaison, when requested, between
existing business and financial institutions
to identify sources of financing.
e
Act as ombudsman for business within the
City bureaucracy to ensure that their needs
and requests are responded to quickly and
fairly.
ACTION:
ACTION:
Most importantly, maintain the business
community's awareness of the pro-business
attitude that prevails in the City of Roanoke.
e
Ask the Office of Economic Development to
give City Council an annual update on the
status of existing business in Roanoke.
Two-way communication between the Office of Economic Development
and Grants and our existing business community will be a good defense
against surprise exists from the City by existing business.
I believe the two components of the Economic Development Program
I have outlined:
1. Attracting new industry, and
2. Working to keep existing business in the City
will provide Roanoke with a comprehensive economic development effort
unparalleled in the State."
At this point (8:20 p.m.), the Mayor relinquished the chair to the
Vice-Mayor.
Mr. Harvey moved that Council concur in Recom~endations 1 - 6 as above set
forth and that said recommendations be implemented as soon as possible. The
motion was seconded by Mr. Garland and unanimously adopted.
At this point (8:25 p.m.), the Mayor resumed the chair.
COUNCIL: Effective July 1, 1982, Mr. Howard E. Musser became the new
Vice-Mayor of the City of Roanoke by virtue of having received the largest
number of votes cast in the Councilmanic election held on the first Tuesday in
May, 1982; whereupon, Mr. Harvey offered the following Resolution commending
the service of Dr. Wendell H. Butler, past Vice-Mayor:
(#26126) "A RESOLUTION commending the service of Dr. Wendell H. Butler as
Vice-Mayor of the City of Roanoke.
WMEREAS, Dr. Wendell H. Butler was elected Vice-Mayor of the City of
Roanoke by virtue of receiving the largest number of votes in the councilmanic
election held on May 6, 1980, and served in this office from July 1, 1980, to
June 30, 1982; and
WHEREAS, Dr. Butler served with honor and distinction as Vice-Mayor,
giving selflessly of his time to perform the many responsibilities required of
him as Vice-Mayor, and at the same time promptly and efficiently discharging
his other duties on the City Council;
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. That the Mayor and Members of this body do hereby recognize and com-
mend the Honorable Wendell H. Butler for hfs service as Vice-Mayor of this City
and assure him of their continued support as he continues to serve as a Member
of Council; and
2. That an attested copy of this resolution, approved by the Mayor, be
presented to the above-named Council Member.
APPROVED: ATTEST:
S/Noel C. Taylor
Noel C. Taylor, Mayor
S/Mary F. Parker
Mary F. Parker, City Clerk"
Mr. Harvey moved the adoption of the Resolution. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Trout, Bowles, Garland, Harvey, Musser and Mayor
Taylor ................................................................... 6.
NAYS: None ............................................................ O.
(Council member Butler abstained from voting.)
ACTION:
ACTION:
ACTION:
181
ACTS OF ACK~OWLEDG~4ENT-CELEBRATIONS: Mr. Trout offered the following
Resolution co~nding and thanking Elizabeth T. and Ralph K. Bowles, Jane
and Steve Wright of VVKR, Incorporated, La~Tence Tramsfer and Storage and
Hodges Lumber Company for their contributions which made possible the Roanoke
Centennial cake which was unveiled on July 3, 1982:
(#26127) A RESOLUTION commending and thanking Elizabeth T. and Ralph K.
Bowles, Jane and Steve Wright of VVKR, Incorporated, Lawrence Transfer and
Storage and Hodges Lumber Company for their contributions which made possible
the spectacular Roanoke Centennial cake which was unveiled July 3, 1982.
(For full text of Resolution, see Resolution Book No. 47, page 310.)
Mr. Trout moved the adoption of the Resolution. The motion was seconded
by Dr. Butler and adopted by the following vote:
AYES: Council members Trout, Butler, Garland, Harvey, Musser and Mayor
Taylor ............................................................. 6.
NAYS: None .......................................................... O.
(Council member Bowles abstained from voting.)
In appreciation, the Mayor presented Mrs. Bowles with a City of Roanoke
stick pin and presented Mr. Bowles with a City of Roanoke tie tack.
He also presented Mr. and Mrs. Bowles with a homemade cake.
BID OPENINGS:
AIRPORT: Pursuant to notice of advertisement for bids for Runway 23,
Phase II, at Roanoke Municipal Airport, Woodrum Field, ADAP Project No. 6-51-
0045-14, said proposals to be received by the City Clerk until 4:30 p.m., on
Monday, July 12, 1982, and to be held, opened and read before the Council at
7:30 p.m., or as soon thereafter as the matter may be heard, on that date, 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 Alternate #1 Alternate #2 Alternate #3
Wiley N. Jackson
Company
Blythe Industries,
Inc.
Weiss Brothers
Construction
Company, Inc.
H. B. Rowe and
Company, Inc.
W. C. English,
Inc.
Codell Construc-
$1,374,338.74
1,673,876.50
1,623,925.94
1,498,242.28
1,261,491.00
$2,044,754.39
2,273,461.95
2,291,268.09
2,382,426.78
1,896,202.50
$4,075,001.29
4,521,462.45
4,171,143.09
4,511,098.28
5,236,092.50
Alternate #4
$6,492,993.24
6,791,520.70
6,821,000.00
6,930,372.78
8,553,891.00
tion Company, Inc. no bid no bid 6,862,448.98 8,634,621.48
Dr. Butler moved that the bids be referred to a committee to be appointed
by the Mayor for tabulation, report and recommendation to Council. The motion
was seconded by Mr. Trout and unanimously adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman, Kit B. Kiser and
Robert C. Poole as members of the committee.
PUBLIC HEARINGS:
PLANNING-GRANTS-HOUSING: Council having authorized the holding of a
public hearing on Monday, July 12, 1982, at 7:30 p.m., or as soon thereafter as
the matter may be heard, in the Council Chamber, to receive citizen comments on
the City's proposed fiscal year 1982-83 Community Development Block Grant
budget, the matter was before the body.
Hr. Earl B. Reynolds~ Chief of Community Planning, appeared before Council
and presented a briefing in the C.D.B.G. Program, recommending that Council
adopt the C.D.B.G. budget and program as presented in a report dated June
28, 1982, by authorizing the Director of Finance to reprogram previously
appropriated but unspent funds in accordance with the reprogr-r~tng schedule
contained in Appendix A of a report dated July 12, 1982; authorize the
distribution of the fiscal year 1982-83 C.D.B.G. entitlement funds in accor-
dance with the proposed budget; and authorize the City Manager to execute
contracts with the Roanoke Redevelopment and Housing Authority and Gainsboro
PAC to implement the City's fiscal year 1982-83 C.D,B,G. Program, all contracts
to be in a form acceptable to the City Attorney, and in the amounts specified
in the proposed budget.
(See reports dated June 28, 1982, and July 12, 1982, on file in the City
Clerk's Office.)
Mr. Robert N. Richert, President, Old Southwest Neighborhood Alliance,
appeared before Council and expressed two problems with the Community Develop-
ment Block Grant planning and budget process this year, advising that the
process itself was changed more for the worse than they had anticipated, and
the budget is unbalanced because it does not provide for any public improve-
ments in Old Southwest or any other neighborhood.
In concluding, Mr. Richert said there were no funds committed to public
improvements in Old Southwest in 1981-82 and now there are none in the
proposed budget for 1982-83, and this is unbalanced and should be changed.
(See communication on file in the City Clerk's Office.)
Mr. George H. Robinson Heller, Gainsboro PAC Administrator, appeared
before Council and advised that the Gainsboro PAC is appreciative of City
Council's support over the past year since approval of the "Comprehensive
Plan for the Revitalization of the Gainsboro Neighborhood". He stated that
he would like to share with Council budget recommendations voted upon and
approved by the Gainsboro PAC Board on July 8, 1982, noting that the organiza-
tion not opposed to the proposed budget, but it has a concern for needs that
will go beyond the proposed budget for fiscal year 1982-83.
Mr. Heller advised that the Gainsboro PAC desires to seek a commitment
from Council to work with the Gainsboro PAC and the Gainsboro Neighborhood
Development Corporation that will enable the Gainsboro PAC and the GNDC to
seek and acquire funds to leverage existing funds from the Virginia Housing
Development Authority to make rehabilitation and mortgage loans available to
more Gainsboro Area residents at lower interest rates.
(For full text, see recommendations on file in the City Clerk's Office.)
Mr. A. Byron Smith, representing the Gainsboro Neighborhood Development
Corporation which is an arm of PAC, appeared before Council and noted that
the funds coming from the City for Gainsboro were cut by 15 per cent and new
monies coming to the organization were cut by approximately 66 2/3 per cent,
and stated that this represents a hardship for the Gainsboro area.
Ms. Florine Thornhill, President of the Northwest Neighborhood Environ-
mental Organization, appeared before Council and advised that only eight houses
have been repaired in the northwest Gilmer area during the whole Community
Development Block Grant Program and she proposed that $200,000.00 be allocated
for a home repair service for such items as insulation of attics, roofing,
guttering, weather stripping of windows, etc. She noted that there are many
houses which have deteriorated because too much money was being spent on one
house that was already substantially good. She stated that the people of
Gilmer are not looking for miracles, but they do feel there is something that
can be done in Gilmer to save the other houses from deteriorating and they
are looking ahead and making plans for the future.
Mr. Robert R. Copty, 3009 Burnleigh Road, S. W., appeared before Council
and spoke in support of the proposed industrial allocation for an industrial
park which is included in the 1982-83 Community Development Block Grant budget.
He said the wellbeing of the Valley and of the community, and its future is the
business and industry that we attract and the industries that we hope to attract
AC~ ION:
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183
in the future. He advised that the Valley must look for new industries, new
technologies, and Roanoke must be prepared by making it as easy as possible
for businesses to locate in the comunity by providing them with utilities,
tracts of land, etc., and this will insure that our neighborhoods will have
the funding in the future to make the necessary improvements.
No other persons wishing to address Council regarding the matter, Mr.
Trout offered the following emergency Ordinance:
(#26128) AN ORDINANCE to amend and reordain certain sections of the
1982-83 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 310.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ....................................................... 7.
NAYS: None ........................................................ 0.
Mr. Trout offered the following emergency Ordinance:
(#26129) AN ORDINANCE to amend and reordain certain sections of the
1982-83 Grant Fund Appropriations,.and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 312.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Dr. Butler and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor .................................... 7.
NAYS: None ....................................................... O.
Mr. Trout offered the following emergency Ordinance:
(#26130) AN ORDINANCE authorizing 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 1982-83, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 312.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Dr. Butler and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ....................................................... 7.
NAYS: None ....................................................... O.
Mr. Trout offered the following emergency Ordinance:
(#26131) AN ORDINANCE authorizing and directing the City Manager to
execute an agreement by and between the City of Roanoke and Gainsboro Project
Area Committee, Inc., pertaining to the continued implementation of the
Comprehensive Revitalization Plan for Gainsboro, subject to certain terms
and conditions; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 313.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Dr. Butler and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ......................................................... 7.
NAYS: None ......................................................... 0.
184
ACTION:
HOUSING: Council having authorized the holding of a public hearing on
proposed amendments to the Area Boundaries portion of the Conservation Plans
for the Gilmer Avenue and Harrison Avenue Projects, on Monday, July 12,
1982, at 7:30 p.m., or as soon thereafter as the matter may be heard in the
Council Chamber, the matter was before the body.
As background information, the City Manager submitted a written report
advising that conservation projects are areas designated by the City and the
Redevelopment and Housing Authority, pursuant to Virginia law, in which
programs operate for the conservation of housing stock; that six conserva-
tion projects have been established in Roanoke, including Gilmer Avenue in
1979, and Harrison Avenue in 1980; and the Gilmer Avenue neighborhood, which
was selected as one of the original pilot neighborhoods for the Roanoke
Neighborhood Partnership, extends from Fifth Street to 14th Street, N. W.
Mr. Ewert advised that the current situation is that ambiguous classifi-
cation of the area between 5th and 8th Streets, N. W., south of Moorman
Road, as part of the Harrison Avenue Conservation Project but part of the
Gilmer Avenue neighborhood, has contributed to confusion on the part of
residents of that area as to what housing conservation programs they may be
eligible for; that the Northwest Neighborhood Environmental Organization,
which is the neighborhood organization in the Gilmer Avenue area, has request-
ed that the boundaries of the Conservation Project be adjusted to correspond
to the popularly-perceived neighborhood boundaries; that the Northwest
Neighborhood Improvement Council, which is the neighborhood organization of
the Harrison Avenue area, has indicated they would not object to the boundary
changes; and the Planning Commission held a public hearing on July 7, 1982,
and after consideration, recommended that Council amend the boundaries of
the two areas.
The City Manager recommended that Council amend the Conservation Plans
of Gilmer Avenue and Harrison Avenue Conservation Projects to substitute
Attachments C-1 and C-2 (see report) for the current boundary descriptions,
with maps to be changed accordingly, shifting a portion of the Harrison
Avenue Conservation Project to the Gilmer Avenue Conservation Project.
(For full text, see report on file in the City Clerk's Office.)
No one wishing to address the Council regarding the matter, Mr. Trout
offered the following Resolution:
(#26132) A RESOLUTION approving a boundary line adjustment to the
Harrison Avenue and Gilmer Avenue Conservation Areas, being Amendment No.
to the Conservation Plan for each of these areas.
(For full text of Resolution, see Resolution Book No. 47, page 313.)
Mr. Trout moved the adoption of the Resolution. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Trout, Bowles, Garland, Harvey, and Mayor Taylor--5.
NAYS: None .............................................................. 0.
(Council member Butler abstained from voting.) (Council member Musser was
out of the Council Chamber.)
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the City Council and would be enacted by one
motion in the forms listed on the Consent Agenda, and if discussion was
desired, that item would be removed from the Consent Agenda and considered
separately. He noted that he had requested an Executive Session to discuss
a personnel matter dealing with vacancies on various, authorities, boards,
commissions and committees appointed by Council; that he had also requested
an Executive Session to discuss one matter of potential litigation; that the
City Manager had requested an Executive Session to discuss one matter
involving disposition of publicly held property; and the Mayor orally advised
that he would like to request an Executive Session to discuss one personnel
matter.
185
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MINUTES: Minutes of the regular meeting of Council held on Monday,
June 14, 1982; the special meeting held on Monday, Jume 21, 1982; and the
regular meeting held on Monday, June 28, 1982, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Trout moved that the reading of the minutes be dispensed with and
that the minutes be approved as recorded. The motion was seconded by Mr.
Garland and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ...................................................... 7.
NAYS: None ..................................................... 0.
COUNCIL: A co~unication from the Mayor requesting an Executive Session
to discuss vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344(a) (1), Code of Virginia
(1950), as amended, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request to convene in Executive
Session to discuss a personnel matter pursuant to Section 2.1-344(a) (1), Code
of Virginia (1950), as amended. The motion was seconded by Mr. Garland and
adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ....................................................... 7.
NAYS: None ......................................................... O.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss one matter of potential litigation pursuant to
Section 2.1-344 (a) (6), Code of Virginia (1950), as amended, was before the
body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request to convene in Executive
Session to discuss a matter of potential litigation pursuant to Section 2.1-344
(a) (6), Code of Virginia (1950), as amended. The motion was seconded by
Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ......................................................... 7.
NAYS: None ....................................................... 0.
PUBLIC ASSISTANCE: A communication from Mr. Samuel H. Stuart tendering
his resignation as a member of the Advisory Board of Human Resources, was
before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that the resignation be accepted with regret and that
the communication be received and filed. The motion was seconded by Mr.
Garland and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ......................................................... 7.
NAYS: None .......................................................... 0.
ZONING: A communication from Mr. Sydnor W. Brizendine, Jr., tendering
his resignation as a member of the Board of Zoning Appeals, effective June
30, 1982, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
186
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Mr. Trout moved that the resignation be accepted with regret and that
the co-,m~uication be received and filed. The motion was seconded by Mr.
Garland and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ......... 7.
NAYS: None ....................................................... 0.
COUNCIL: A report of the City Manager requesting an Executive Session
to discuss a matter involving disposition of publicly held property pursuant
to Section 2.1-344 (a) (2), Code of Virginia (1950), as amended, was before
the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request to convene in Executive
Session to discuss a matter involving disposition of publicly held property
pursuant to Section 2.1-344 (a) (2), Code of Virginia (1950), as amended.
The motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ......................................................... 7.
NAYS: None ......................................................... 0.
PENDING ITEMS: A list of pending items from February 7, 1977, through
June 28, 1982, was before Council.
(For full text, see list on file in the City Clerk's Office.)
Mr. Trout moved that the pending list be received and filed. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ........................................................ 7.
NAYS: None ........................................................ 0.
PENSIONS: The qualification of Mr. Robert W. Helm as a member of the
Board of Trustees, Employees' Retirement System, for a term of one year
ending June 30, 1983, was before the body.
(See Oath of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and filed.
The motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ........................................................ 7.
NAYS: None ......................................................... 0.
YOUTH: The qualification of Mr. Larry G. Martin as a member of the
Youth Services Citizen Board for a term of three years ending May 31, 1985,
was before Council.
(See Oath of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and filed.
The motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser,
and Mayor Taylor .......................................................... 7.
NAYS: None ........................................................ 0.
187
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SCHOOLS: The qualification of Mr. George E. May as a Trustee of the
Roanoke City School Board for a term of three years beBinning July 1, 1982,
and ending June 30, 1985, was before Council.
(See Oath of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and filed.
The motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council member~ Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor .................................................... 7.
NAYS: None ...................................................... O.
COUNCIL: The Mayor orally requested an Executive Session to discuss
a personnel matter pursuant to Section 2.1-344 (a) (1), Code of Virginia,
1950, as amended.
Mr. Trout moved that Council concur in the request to convene in Executive
Session to discuss a personnel matter pursuant to Section 2.1-344 (a) (1),
Code of Virginia, 1950, as amended. The motion was seconded by Mr. Garland
and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland~ Harvey, Musser
and Mayor Taylor ......................................................... 7.
NAYS: None ......................................................... 0.
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
INDUSTRIES: The Mayor presented a communication advising that the
Roanoke Valley Industrial Fact Finding Commission has requested that the
City of Roanoke and Roanoke County formally invite the City of Salem, the
Town of Vinton, and the County of Botetourt to become part of, and partici-
pate in, efforts to expand economy which will provide job opportunities for
all citizens; that a Task Force of no more than three representatives from
each political subdivision be appointed to develop and present short and
long-range objectives to lead to the desired results of the participants;
and an amended membership structure which would provide equal representation
for all jurisdictions on the Roanoke Valley Industrial Fact Finding Commission.
The Mayor recommended that Council adopt a Resolution concurring in
certain recommendations of the Roanoke Valley Industrial Fact Finding Commis-
sion inviting the City of Salem, the Town of Vinton, and the County of
Botetourt to join with the City and County of Roanoke as a part of the
Roanoke Valley Industrial Fact Finding Commission; that the three representa-
tives from Roanoke on the Task Force or Working Committee will be the City
Manager, Mr. Beverly T. Fitzpatrick, Jr., and Mr. Robert W. Woody; that
Virginia Tech will be asked to provide a staff person as ex-officio member;
that a Roanoke City Economic Development Committee be requested to review
land in the City and that an inventory be prepared on those lands which it
is felt has a potential of being designated as industrial sites, and that a
list of all available industrial type buildings owned or located within the
City of Roanoke be prepared and cataloged, and that the local group will
study and make recommendations on sites that have the strongest potential
for development into an industrial area, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(#26133) A RESOLUTION amending Resolution No. 25345, adopted October
13, 1980, relating to the Roanoke Valley Industrial Fact Finding Commission
to provide for expanding the membership of such Commission to include addi-
tional political subdivisions and for the creation of a Task Force within
the membership of the Commission.
(For full text of Resolution, see Resolution Book No. 47, page 314.)
188
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Mrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ............................................ 7.
NAYS: None ................................................... 0.
(NOTE: Earlier in the meeting, Council concurred in Recommendation No. 6 of
the Mayor's State of the City Message wherein he appointed the members of
the Roanoke City Economic Development Committee.)
ALCOHOLIC BEVERAGES/DRUGS-CITY PROPERTY: A communication from Council
member James G. Harvey, II, requesting certain information from the City
Attorney with regard to City Ordinances dealing with drinking of alcoholic
beverages and/or use of drugs on City-owned property, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
The City Attorney advised that he had not had an opportunity to discuss
the matter with the Superintendent of Police and the Commonwealth's Attorney
and he would like to submit a complete report to Council on the matter at
its next regular meeting on Monday, July 26, 1982; whereupon, Mr. Harvey
moved that the matter be referred to the City Attorney for report at the
next regular meeting of Council. The motion was seconded by Mr. Trout and
unanimously adopted.
COUNCIL: A communication from Council member James G. Harvey, II, with
regard to the holding of a regularly scheduled meeting of the Council in the
four quadrants of the City, suggesting that there be four Council meetings a
year held within the neighborhoods for interested citizens to attend, and that
the meetings be regular City Council meetings; that the meetings be held at
a designated place in each of the four quadrants of the City; that the City
Administration be requested to research suitable places for the meetings,
keeping foremost in mind, the accessibility of the meeting places for the
citizens; that the meetings could be held on the first Monday of the months
of February, May, October and December, at 7:30 p.m.; and at the Mayorfs
discretion, a fifth meeting could be scheduled for the minority population
to deal with special concerns, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harvey moved that the matter be referred to the City Manager for
report to Council with regard to suitable meeting locations in the four
neighborhood quadrants. The motion was seconded by Mr. Trout and unanimously
adopted.
BUDGET-TREASURER: A communication from Mr. Gordon E. Peters, Treasurer,
advising of a reconsideration by the State Compensation Board of the salaries
for Ms. Peggy C. Overstreet from $14,950.00 to $15,522.00 and Ms. Shirley
Lovern from $14,950.00 to $15,148.00, subject to concurrence by City Council,
was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Garland moved that Council concur in the action taken by the State
Compensation Board. The motion was seconded by Mr. Trout and unan~mnusly
adopted.
AIRPORT-REFUSE COLLECTION-HALF-WAY HOUSE: A communication from Mr.
Robert G. Jones requesting assistance for a half-way house, an airport
observatory, and incinerator at various locations in the City, was before
Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Garland moved that the communication be received and filed. The
motion was seconded by Mr. Trout and unanimously adopted.
189
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AIRPORT: Council member James G. Harvey, II, requested that Mr. Beverly
T. Fitzpatrick, Jr., brief the members of Council on the economic benefits
of the City entering into an agreement with the Federal Aviation Administration
for a Flight Service Station; whereupon, Mr. Fitzpatrick presented an oral
statement.
(For full text, see transcript on file in the City Clerk's Office.)
Mr. Kit B. Kiser, Director of Utilities and Operations, appeared before
Council and presented a written report which was presented to Council on
January 25, 1982 with regard to a proposal to the FAA for the Flight Service
Station. He presented a matrix setting forth information providing for submit-
tal of a proposal to the FAA for renovation of the building, in the amount
of $354,000.00, and the provision of 100 free parking spaces.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that the Administration be instructed to submit a pro-
posal to the Federal Aviation Administration to lease the Flight Service
Station at Roanoke Municipal Airport, Woodrum Field, for $5.00 per square
foot per year, with the City of Roanoke paying for renovation of the existing
11,920 square foot FSS structure, and providing 100 free parking spaces. The
motion was seconded by Mr. Trout and unanimously adopted.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
PARKS AND PLAYGROUNDS-DONATIONS: The Assistant City Manager submitted
a written report of the City Manager advising that deed of gift of the Mill
Mountain Star was offered to the City through his office by resolution from
the Merchants Association of Roanoke Valley on May 11, 1982; that presentation
of the gift of the Star was made to Mayor Taylor during the celebration at
Victory Stadium on July 3, 1982; and that construction of the Star and
current operations has been performed by Roy C. Kinsey Sign Company, Inc.,
and the company has expressed interest in continuing to operate and maintain
the Star.
Mr. Ewert recommended that Council ratify the acceptance of the Star
from the Merchants Association of Roanoke Valley by authorizing the Mayor to
execute the deed of gift; authorize budget adjustments as follows:
Additional Revenue - $1,200/year
Appropriate to the Recreation Department Account - $1,200;
and and authorize a time and material contract with Roy C. Kinsey Sign
Company, Inc., for the operation and routine maintenance of the Star, in an
amount not to exceed $1,200 per year.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#26134) AN ORDINANCE to amend and reordain certain sections of the
1982-83 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 314.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ......................................................... 7.
NAYS: None ........................................................ 0.
Mr. Trout offered the following emergency Ordinance:
(#26135) AN ORDINANCE accepting the gift from the Merchants Associa-
tion of Roanoke Valley to the City of the Mill Mountain Star; authorizing
the appropriate City officials to enter into a deed of gift accepting the
Mill Mountain Star; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 315.)
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ACTION:
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council me~bers Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ..................................................... 7.
NAYS: None ........................................................ 0.
HOUSING-SCHOOLS: The Assistant City Manager submitted a written report
of the City Manager advising that the City of Roanoke accepted title to the
former Jefferson High School property from the Roanoke City School Board in
September, 1981; that the City and RRHA entered into a cooperation agreement
regarding use of the Jefferson High School property for assisted elderly
housing and a community center in November, 1981; that rehabilitation plans
for utilizing the 3efferson High School Building for 80 units of elderly
housing have been prepared and are currently under H.U.D. review; that P, RHA
needs to have title to the property prior to commencing work presently
anticipated to be in early fall~ 1982; and the Water Resources Committee
recommended to Council that title be transferred to RRHA at the appropriate
time in a report dated September 28, 1981.
Mr. Ewert recommended that Council authorize the Mayor to execute a
deed transferring title of the Jefferson High School property to the Roanoke
Redevelopment and Housing Authority, subject to approval as to form by the
City Attorney.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler moved that the following Ordinance be placed upon its first
reading:
(#26136) AN ORDINANCE providing for the conveyance of a portion of the
Jefferson High School property to the City of Roanoke Redevelopment and Hous-
ing Authority.
The motion was seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ....................................................... 7.
NAYS: None ......................................................... 0.
BUDGET-LIBRARIES: The Assistant City Manager submitted a written
report of the City Manager advising that Council appropriated $17,200.00
pursuant to Ordinance No. 25593 and $3,528.00 pursuant to Ordinance No.
25920 for the employment of three Clerk-Typists I to effect computerization
of library holdings, which is 100 per cent reimbursed to the City; that
computerization of library holdings began in July, 1981, under the "Cavalir
Program" of the Virginia State Library; and retrospective conversion is paid
for directly by the State Library in Federal funds under the Library Services
and Construction Act.
Mr. Ewert advised that the present situation is that personnel hired as
authorized by the abovenamed Ordinances have been trained, and retrospective
conversion has proceeded quickly; that federal funds are available until
June, 1983, for the continued employment of personnel and must be applied
for; that retrospective conversion must be completed by June, 1983 because
no federal funding is likely beyond that date; and appropriation of $29,247.00
(salaries of three Clerk-Typists I for fiscal year 1983, 100 per cent reimbursable
to the City), is requested by the Roanoke City Public Librarian.
(For full text, see report on file in the City Clerk's Office.)
The City Manager recommended that Council appropriate $29,247.00 to
the Library budget and that the City Manager be authorized to execute appro-
priate State Library forms to be returned to the State Librarian.
(For full text, see report on file in the City Clerk's Office.)
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Mr. Trout offered the following emergency Ordinance:
(t26137) AN ORDINANCE to amend and reordain certain sections of the
1982-83 General Fund Appropriation Ordinance, and providing for an e~ergency.
(For full text of Ordinance, see Ordinance Book No, 47, page 316.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
a~d Mayor Taylor ........................................................
NAYS: None ..................................................... O.
Mrs. Bowles offered the following Resolution:
(#26138) A RESOLUTION authorizing the City Manager to execute the
requisite documents to enable the City to receive funds to continue the
computerization of the holdings of the City Library.
(For full text of Resolution, see Resolution Book No. 47, page 316.)
Mrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ....................................................... 7.
NAYS: None ........................................................ 0.
BUOGET-PUBLIC ASSISTANCE: The Assistant City Manager submitted a
written report of the City Manager advising that the Fuel Assistance Program
provides help to eligible households to offset the rising costs of home
energy that are excessive in relation to household income; that the program
was originally scheduled to be in operation from November 1, 1981 through
March 31, 1982, but was extended through May 31, 1982, and now through July
30, 1982; advising that the State Department of Welfare has notified the
City of Roanoke that an additional $128,288.00 is still available to carry
the program through July 30, 1982; and recommending that Council appropriate
$128,288.00 to the Fuel Assistance budget for fiscal year 1982-83 to continue
to pay suppliers for fuel delivered to eligible households,
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#26139) AN ORDINANCE to amend and reordain certain sections of the
1982-83 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 317.)
Mr. Garland moved the adoption of the Ordinance. The motion was seconded
by Mr. Musser and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser and
Mayor Taylor .......................................................... 7.
NAYS: None ..................................................... 0.
BUDGET-PUBLIC ASSISTANCE: The Assistant City Manager submitted a written
report of the City Manager with regard to reappropriation of funds in the
1981-82 Title XX Services budget to the 1982-83 budget, advising that unexpend-
ed funds, in the amount of $19,865.38, which remain in the budget as of June
30, 1982, are for the purchase of employment services for physically and
mentally handicapped citizens, and these funds are $5,462.98 donated by
various local community organizations and $14,402.40 appropriated by Council,
and will be 100 per cent reimbursed to the City.
192
ACTION:
ACTION:
ACTION:
Th~ City Manager recommended reappropriation of funds in the 1981-82
Title XX Services budget to the 1982-83 Title XX Services budget, in the
amount of $19,865.38 to Account No. A01-5320-200-66, Employment.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#26140) AN ORDINANCE to amend and reordain certain sections Of the
1982-83 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 317.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was seconded
by Mr. Trout and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ...................................................... 7.
NAYS: None ....................................................... O.
EQUIPMENT-SHERIFF: The Assistant City Manager submitted a written report
of the City Manager concurring in a report of the Bid Committee recommending
that the bid of Magic City Motor Corporation, to lease five new vehicles
for use of the Sheriff's Department for a period of 48 months, at $245.03
per month per vehicle, be accepted.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency Ordinance:
(#26141) AN ORDINANCE providing for the lease of certain vehicles for
the Roanoke City Sheriff's Department, upon certain terms and conditions,
by accepting a certain bid made to the City for the lease of such vehicles;
rejecting certain other bids made to the City; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 318.)
Mr. Harvey moved the adoption of the Ordinance. The motion was seconded
by Mr. Musser and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ..................................................... 7.
NAYS: None ..................................
.0.
WATER DEPARTMENT-EQUIPMENT: The Assistant City Manager submitted a
written report of the City Manager concurring in a report of the Bid Committee
recommending that the bid of Griffin Pipe Products Company, for supplying
ductile-iron water pipe to the City, for a period of one year, be accepted.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#26142) AN ORDINANCE accepting a bid made for providing ductile~iron
water pipe to the City; rejecting other bids; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 318.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ........................................................ 7.
NAYS: None ..................................................... O,
193
ACTION:
ACTION:
ACTION:
EQUIPMENT-SEWERS AND STORM DRAINS-WATER DEPARTMENT: The Assistant
City Manager submitted a written report of the City Manager concurring in a
report of the Bid Committee regarding the award of bids to McKesson Chemical
Company, Suffolk Chemical Company and Allied Chemicals for providing, on a
unit price basis, certain chemicals used in water and sewage treatment,
for the period of July 1, 1982, through June 30, 1983.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#26143) AN ORDINANCE accepting certain bids made for providing
chemicals for water and sewage treatment; rejecting other bids; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 319.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ....................................................... 7.
NAYS: None .................................................... O.
CITY ATTORNEY:
ZONING-SPECIAL PERMITS: The City Attorney submitted a written report
transmitting a proposed Ordinance to amend the zoning regulations pertaining
to the repair of radios, televisions and fractional horsepower motors within
residential districts, and advising that State law requires that the matter
be referred to the City Planning Commission for a recommendation prior to
Council taking action thereon.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that the matter be referred to the City Planning Commission
for study, report and recommendation to Council. The motion was seconded by
Mr. Musser and unanimously adopted.
STREETS AND ALLEYS-LEGISLATION: The City Attorney submitted a written
report transmitting an Ordinance to amend the City Code in order to conform same
to the recently amended State enabling legislation which eliminates the former
requirement that notices of intended applications to alter or vacate streets or
alleys be posted in certain locations in the City, advising that it is now
provided that published notice be given at least twice in a local newspaper of
the time and place of the required public hearing at which time an application
for altering or vacating a City street or alley is to be considered.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its first
reading:
(#26144) AN ORDINANCE amending Section 30-14, Code of the City of Roanoke
(1979), as amended, to conform the City's procedure for altering or vacating
City streets or alleys with recent changes in State law.
The motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser and
Mayor Taylor .............................................................. 7.
NAYS: None ....................................................... 0.
194
ACTION:
ACTION:
ACTION:
PERSONNEL: The City Attorney submitted a written report advising that
during the 1982 session of the General Assembly, two amendments were made to
the Code of Virginia which necessitate changes in the Code of the City of
Roanoke with regard to the City's grievance procedure, advising that the first
of these amendments expands the definition of "grievance" to include complaints
brought by an employee as a result of acts of reprisal as a result of his or
her participation in the grievance of another employee; and the second amend-
ment provides that either the City or a grievant may petition the local Cir-
cuit Court for an order requiring implementation of a decision of the City's
Personnel and Employment Practices Commission, or a panel thereof.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#26145) AN ORDINANCE emending Sections 2-103 and 2-114, Code of the
City of Roanoke (1979), as amended, to conform to State law the provisions of
the City Code pertaining to the definition of a "grievance", and the manner by
which decisions of the City's Personnel and Employment Practices Commission
may be enforced; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 319.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser and
Mayor Taylor .......................... 7.
NAYS: None .......................................................... 0.
DIRECTOR OF FINANCE:
BUDGET-LIBRARIES-BONDS: The Director of Finance submitted a written
report recommending that a Resolution be adopted to make explicitly clear that
funds transferred from the Capital Fund Post Office Renovation Account to the
Main Library Construction Account on May 10, 1982, was a temporary borrowing
to be repaid with bond proceeds.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
(#26146) A RESOLUTION relating to the temporary interfund borrowing of
$1,489,730.00 from the Capital Fund Post Office Renovation Account.
(For full text of Resolution, see Resolution Book No. 47, page 320.)
Mr. Trout moved the adoption of the Resolution. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser and
Mayor Taylor ............................................................... 7.
NAYS: None .......................................................... O.
DEPOSITORIES: The Director of Finance and the City Treasurer submitted a
joint written report in regard to amending Section 2-167, Depositories Designated,
and Section 2-168, Security for Deposits, of the City Code, recommending that
Section 2-167, Depositories designated, be eliminated, and Section 2-168,
Security for deposits, be revised, as follows:
"No money, either current or time deposit funds, shall be
deposited in any bank until such depository shall have
qualified under the Virginia Security for Public Deposits
Act (Code of Virginia, Sec. 2.1-359), as a depository
authorized to accept, receive, hold or retain public
deposits of the City which are secured pursuant to such
act. (Code 1956, Tit. V, Ch. 3, Sec. 5)
Charter reference - Treasurer may permit securities pledged
by City depositories to be held in custody by Federal Reserve
Bank, Sec. 37."
Mrs. Bowles moved that the following Ordinance be placed upon its first
reading:
ACTION:
ACTION:
(#26147) AN ORDINANCE to REPEAL Section 2-167, Depositories desi~nated,
to amend Section 2-168, Secur~t~ for deposit, of the Code of the City of
Roanoke (1979), as amended.
The motion was seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ......................................................... 7.
NAYS: None ........................................................ 0.
REPORTS OF COMMITTEES:
HOUSING: The Fair Housing Board submitted a written report recommending
certain amendments to the Fair Housing Ordinance, noting that the first amend-
ment would eliminate the maximum damages of $250.00 that the local Circuit Court
could award a person who successfully brings a fair housing civil action pur-
suant to the City's Ordinance, advising that the Code of Virginia was amended in
1975 to permit victims of discriminatory housing practices to recover "actual
damages with court costs and reasonable attorney's fees", and reco~ending that
Section 16-151 of the City Code be amended accordingly.
It was also recommended that Section 16-1176(b) of the City Code be amend-
ed to permit the City's Fair Housing Administrator to have up to 30 days, rather
than the present 15 days, after the filing of a fair housing complaint in which
to investigate and determine if the complaint is susceptible to ~onciltation;
and additionally recommending that the requirement in Section 16-178(a) that two
members of the Fair Housing Board sign the written notice to a respondent of a
charge of discrimination be deleted.
In view of the recomm~ndations above set forth, the Board requested that
the recommendations made to Council on January 19, 1981, regarding certain
amendments to the Fair Housing Ordinance, and the conversion of the Fair Housing
Board into a "Housing Relations Board", be withdrawn and deleted from the pending
list.
(For full text, see report on file in the City Clerk's Office.)
In this connection, a report of the City Attorney advising that his office
has reviewed the recommendations of the Board and concurs in them, transmitting
an Ordinance providing for the amendments requested by the Board; and concurring
in the Board's request that the recommendations made to Council on January 19,
1981, regarding certain amendments to the Fair Housing Ordinance, and the
conversion of the Fair Housing Board into a "Housing R~lations Board" be
withdrawn from Council's pending list, was before the body.
(For full text, see report on file in the City Clerk~s Office.)
Mr. Harvey moved that Council concur in the recommendations. The motion
was seconded by Dr. Butler and unanimously adopted.
Mr. Harvey moved that the following Ordinance be placed upon its first
reading:
(#26148) AN ORDINANCE to amend Section 16-151, subsection (b) of Section
16-176, and subsection (a) of Section 16-178 of Article III, Fair Housins, of
Chapter 16, Housing, Code of the City of Roanoke (1979), as amended, to effect
certain amendments to the City's Fair Housing Ordinance.
The motion was seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor .......................................................... 7.
NAYS: None ....................................................... O.
CIVIC CENTER: Council member Robert A. Garland, Chairman of the committee
appointed by the Mayor to tabulate bids received for the Roanoke Civic Center
chiller facility replacement, submitted a written report of the committee
recommending that a lump sum contract be awarded to Branch and Associates,
Incorporated, in the amount of $229,300.00, for two centrifugal chillers and
one reciprocating chiller with factory mounted starters, in accordance with
contract documents prepared by Wiley and Wilson, and that a contingency of
$30,672.56 be established.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
Mr. Garland offered the following emergency Ordinance:
(#26149) A~ ORDINANCE accepting the bid of Branch and Associates, Inc.,
for replacing three chillers at the Roanoke Civic Center, 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. 47, page 321.)
Mr. Garland moved the adoption of the Ordinance. The motion was seconded
by Mr. Trout and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ...................................................... 7.
NAYS: None ..................................................... O.
WATER DEPARTMENT: Council member Robert A. Garland, Chairman of the
committee appointed by the Mayor to tabulate bids received for gunite walls
of Crystal Spring Reservoir, Lake Road and Jefferson Street, submitted a
written report of the committee recommending that the low bid of Pneumatic
Concrete Company, Incorporated, in the amount of $49,600.00 and 26 consecutive
calendar days for completion, be accepted, and that a contingency of $5,400.00
be established.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that Council concur in the recommendation of the
committee by adopting the appropriate measure. The motion was seconded by
Mr. Trout.
It was pointed out that if the project is delayed until August or Septem-
ber, which is the slow time for most contractors, the City could save approxi-
mately ten per cent or $4,850.00 on the project; whereupon, Mr. Harvey offered
a substitute motion that all bids be rejected and that the project be rebid
within the next thirty days. The motion was seconded by Mr. Musser and adopted
by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ....................................................... 7.
NAYS: None ........................................................ O.
The meeting having extended past the 11:00 p.m., curfew, the Mayor inquired
as to the wishes of Council; whereupon, Mr. Trout moved that the meeting continue
until all items on the agenda have been completed. The motion was seconded by
Mr. Garland and adopted.
UNFINISHED BUSINESS:
PENSIONS: Council at its last regular meeting on Monday, June 26, 1982, having
deferred action on a report of the Director of Finance with regard to cost-
of-living adjustments for retirees, the matter was again before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr.
increase
per cent
Musser moved that Council approve a three per cent cost-of-living
for all retirees with over ten years of service, and that the three
adjustment be allocated as follows:
(1) retirees with a pension up to $300.00 per month will receive
an increase of $10.00 per month;
(2) retirees with a pension of $300.01 to $600.00 per month will
receive an increase of $8.00 per month; and
(3) retirees with a pension of $600.01 and over per month will
receive an increase of $5.00 per month
said adjustment to be retroactive to July 1, 1981, and effective July 1,
1982; and that the City Attorney be instructed to prepare the proper measure.
The motion was seconded by Mr. Harvey and unanimously adopted.
197
ACTION:
ACTION:
ACTION:
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
ZONING-SPECIAL PERMITS: Ordinance No. 26099 granting revocable, non-trans-
ferable permission to Richard E. Sellers, Sr., to pursue the home occupation
of repairing televisions and radios upon premises located at 3037 Salem Turnpike,
N. W., having previously been before the Council for its first reading on
Monday, June 28, 1982, 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:
(#26099) AN ORDINANCE granting revocable, non-transferable permission to
Richard E. Sellers, Sr., to pursue the home occupation of repairing televisions
and radios upon premises located at 3037 Salem Turnpike, N. W., in this City,
upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 47, page 305.)
Mr. Harvey moved the adoption of the Ordinance. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser and
Mayor Taylor ............................................................. 7.
NAYS: None ....................................................... O,
ROANOKE CITY ARTS CO~ISSION-DONATIONS: Ordinance No. 26101 amending the
City Code to provide for the procedure for acceptance or rejection of gifts or
bequests of an artistic nature and by adding a section with regard to deaccession-
ing and disposing of art objects, and to make uniform reference in the Code to
the Roanoke City Arts Commission, having previously been before the Council
for its first reading on Monday, June 28, 1982, read and adopted on its first
reading and laid over, was again before the body, Mr. Trout offering the
following for its second reading and final adoption:
(#26101) AN ORDINANCE amending Article XIII, Gifts~ Grants, Devises and
Bequests to City, of Chapter 2, Administration, of the Code of the City of
Roanoke (1979), as amended, by amending Section 2-266, Procedure for acceptance
or rejection of gifts or bequests of an artistic nature, and by adding a new
Section 2-269, Deaccessionin~ and disposing of art objects, to make uniform
reference in such Article to the City's Arts Commission, and to create a
deaccessioning policy for the City's art objects.
(For full text of Ordinance, see Ordinance Book No. 47, page 306.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mr. Musser and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser and
Mayor Taylor ................................................................ 7.
NAYS: None ............................................................ O.
CITY PROPERTY: Ordinance No. 26116 providing for the City's quitclaim
conveyance of its interests, if any, in a parcel of real estate adjacent to
the Oakland School property on Williamson Road, to W. Heywood Fralin, G. Wayne
Fralin, Horace G. Fralin and Ollie P. Fralin, having previously been before
the Council for its first reading on Monday, June 28, 1982, 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:
(#26116) AN ORDINANCE providing for the City's quitclaim conveyance of
its interests, if any, in a parcel of real estate adjacent to the Oakland
School property on Williamson Road, to W. Heywood Fralin, G. Wayne Fralin,
Horace G. Fralin and Ollie P. Fralin.
(For full text of Ordinance, see Ordinance Book No. 47, page 307.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was seconded
by Mr. Trout and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Musser and Mayor
Taylor .................................................................... 6.
NAYS: None ......................................................... O.
(Council member Harvey abstained from voting.)
198
ACTION:
ACTION:
ACTION:
CITY PROPERTY-HOUSING: Ordinance No. 26121 providing for the City's
conveyance of certain lots to Roanoke Redevelopment and Housing Authority for
use in connection with the Deanwood Community Development Project, having
previously been before the Council for its first reading on Monday, June 26,
1982, 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:
(#26121) AN ORDINANCE providing for the City's conveyance of certain
lots to Roanoke Redevelopment and Housing Authority for use in connection with
the Deanwood Community Development Project.
(For full text of Ordinance, see Ordinance Book No. 47, page 308.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was seconded
by Dr. Butler and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser and
Mayor Taylor ......................................................... 7.
NAYS: None ......................................................... 0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 11:20 p.m., the Mayor declared the meeting recessed.
At 12:25 a.m., Tuesday, July 13, 1982, the meeting reconvened in the
Council Chamber, with Mayor Taylor presiding and all members of the Council
present.
PERSONNEL: The Mayor advised that there is a vacancy on the Personnel
and Employment Practices Commission to fill the unexpired term of Mr. Joseph
C. Crutchfield, resigned, ending June 30, 1984, and called for nominations to
fill the vacancy.
Mr. Garland placed in nomination the name of Mr. Mel H. Lipton.
There being no further nominations, Mr. Lipton was elected as a member of
the Personnel and Employment Practices Commission to fill the unexpired term
of Mr. Joseph C. Crutchfield, resigned, ending June 30, 1984, by the following
vote:
FOR MR. LIPTON: Council members Trout, Bowles, Butler, Garland, Harvey,
Musser and Mayor Taylor ................................................. 7.
ROANOKE CITY ARTS COMMISSION: The Mayor advised that there is a vacancy
on the Roanoke City Arts Comission due to the resignation of Nettle Lee Kitchen
and called for nominations to fill the vacancy.
Mr. Trout placed in nomination the name of Mrs. Marie F. Dunlap.
There being no further nominations, Mrs. Dunlap was elected as a member
of the Roanoke City Arts Commission for a term of one year ending June 30,
1983, by the following vote:
FOR MRS. DUNLAP: Council members Trout, Bowles, Butler, Garland, Harvey,
Musser and Mayor Taylor ................................................. 7.
FLOOD PLAIN COMMITTEE: The Mayor advised that there is a vacancy on the
Flood Plain Committee for a term of one year ending June 30, 1983, and called
for nominations to fill the vacancy.
Mr. Garland placed in nomination the name of Mr. James F. Williams.
199
There being no further nominations, Mr. Williams was elected as e member
of the Flood Plain Committee for a term of one year ending June 30, 1983, by
the following vote:
ACTION:
FOR MR. WILLIAMS: Council members Trout, Bowles, Butler, Garland, Harvey,
Musser and Mayor Taylor ................... 7.
YOUTH: The Mayor advised that there are two vacancies on the Youth Services
Citizen Board created by the resignations of Mr. Reginald Shareef and Mr.
William C. Holland for terms of three years each ending May 31, 1985, and
called for nominations to fill the vacancies.
Mrs. Bowles placed in nomination the name of The Reverend Raymond C.
Pittman.
Mr. Trout placed in nomination the name of Mr. Robert E. Firebaugh.
There being no further nominations, the Reverend Pittman and Mr. Firebaugh
were elected as members of the Youth Services Citizen Board for terms of three
years each, ending May 31, 1985, by the following vote:
FOR THE REVEREND PITTMAN AND MR. FIREBAUGH: Council members Trout,
Bowles, Butler, Garland, Harvey, Musser and Mayor Taylor ................... 7.
There being no further business, the Mayor declared the meeting adjourned
at 12:25 a.m., Tuesday, July 13, 1982.
APP ROYED
ATTEST:
~--~ ~ C~'ity Clerk
Mayor
2OO
REGULAR WEEKLY SESSION ---- ROANOKE CITY COIJNCIL
July 26, 1982
2:00 p.m.
The Council of the City of Roanoke met in regular meeting /n the Council
Chamber in the Municipal Building, City of Roanoke, on Monday, July 26, 1982, at 2:00
p.m., the regular meeting hour, with Mayor Noel C. Taylor presiding.
PRESENT: Council members Elizabeth T. Bowles, Wendell H. Butler, Robert A.
Garland, James G. Harvey, II, Howard E. Musser, James O. Trout and Mayor Noel C. Taylor-7.
ABSENT: None ............................................. -- ............ O.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. W. Robert Herbert,
Assistant City Manager; Mr. Wilburn C. Dibling, Jr., City Attorney; Mr. William X Parsons,
Assistant City Attorney; Mr. Joel M. Schlanger, Director of Finance; and Mrs. Mary F.
Parker, City Clerk.
The invocation was delivered by The Reverend Harry Spear, Pastor, Huntington
Court United Methodist Church.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Taylor.
PROCLAMATIONS: The Mayor presented a proclamation declaring Friday, July 30,
1982, as Carnations for Kristen Woods' Day in the City of Roanoke, and urged every caring
citizen to purchase a carnation in connection with a fund drive, co-sponsored by the Salem
Fire Department, Market Square Floral of Roanoke, and WROV, to help in providing funds
for a bone marrow transplant from her 17 month old brother.
(For full text, see proclamation on file in the City Clerk's Office.)
ACTS OF ACKNOWLEDGEMENT-DIRECTOR OF FINANCE: The Mayor advised that the City
of Roanoke has been awarded a Certificate of Conformance in Financial Reporting by the
Municipal Finance Officers Association of the United States and Canada for its Comprehen-
sive Annual Financial Report for the fiscal year ended June 30, 1981; that the Certificate
of Conformance is the highest form of recognition in the area of governmental financial
reporting, and its attainment represents a significant accomplishment by a government
and its management. The Mayor presented the Certificate of Conformance and the Award of
Financial Reporting Achievement to Mr. Joel M. Schlanger, Director of Finance, and
expressed congratulations on behalf of the Council.
CITY GOVERNMENT: The Mayor advised that Mr. Maurice Wandia, Assistant Town
Engineer, from Roanoke's Sister City, Kisumu, Kenya, has been visiting in the City of
Roanoke for the past month. The Mayor stated that it has been a sincere pleasure and
honor for the City of Roanoke to act as host to Mr. Wandia and presented him with the
highest honor that the City has to bestow, the Key to the City.
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the City Council and would be enacted by one
motion in the forms listed on the Consent Agenda and if discussion was desired,
that item would be removed from the Consent Agenda and considered separately.
He noted that included on the Consent Agenda was one request for an Executive
Session to discuss personnel matters dealing with vacancies on various authori-
ties, boards, commissions and committees appointed by Council; and a request to
discuss a matter of pending litigation. The Mayor orally requested an Executive
Session to discuss a matter of potential litigation; and the City Attorney
orally requested an Executive Session to discuss two matters potential litigation.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an Executive
Session to discuss vacancies on various authorities, boards, co~issions and
committees appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of
Virginia (1950), as amended, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
201
ACTION:
ACTION:
ACTION:
ACTION:
Mr. Trout moved that Council concur in the request to convene in Executive
Session to discuss personnel matters pertaining to vacancies on various authori-
ties, boards, commissions and committees appointed by Council, pursuant to
Section 2.1-344 (a) (1), Code of Virginia (1950), as amended. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garlamd, Harvey~ Mnsser, Trout and
Mayor Taylor .......................................................... 7.
NAYS: None ......................................................... O.
ROANOKE NEIGHBORHOOD PARTNERSHIP: A communication from The Reverend William
L. Lee tendering his resignation as a member of the Roanoke Neighborhood Partner-
ship Steering Comm{ttee, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council accept the resignation with regret and that
the communication be received and filed. The motion was seconded by Mr. Garland
and adopted by the following vote{
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout and
Mayor Taylor ............................................................. 7.
NAYS: None ........................................................ O.
PUBLIC ASSISTANCE: A com~anication from Mrs. Joann S. Tolmie tendering her
resignation as a member of the Advisory Board of Human Resources, effective
September 1, 1982, was before the body.
(For full text, see cem~uication on file in the City Clerk's Office.)
Mr. Trout moved that Council accept the resignation with regret and that
the communication be received and filed. The motion was seconded by Mr. Garland
and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout and
Mayor Taylor ............................................................. 7.
NAYS: None ........................................................ O.
ANIMALS: The City Manager submitted a written report advising that by letter
dated May 12, 1982 the Roanoke County Administrator requested that the City meet
with representatives of the County and the City of Salem to determine the poten-
tial of a joint animal shelter; that on June 9, 1982, the Director of Administra-
tion and Public Safety met with representatives of the County and City of Salem
wherein it was pointed out that the County is of the opinion that a joint animal
shelter could be financially advantageous to all parties involved.
Mr. Ewert advised that the City is receiving quality service from the SPCA
for a reasonable cost; that those services are protected by a contractual agree-
ment; and should Roanoke County develop a firm proposal which would make viable
the County concept of a Joint animal shelter, a report would be forthcoming to
Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout and
Mayor Taylor ................................................................. 7.
NAYS: None ........................................................ Oo
COUNCIL: A report of the City Attorney requesting an Executive Session to
discuss a matter of pending litigation pursuant to Section 2.1-344 (a) (6), Code
of Virginia (1950), as amended, was before Council.
(For full text, see report on file in the City Clerk's Office.)
202
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
Mr. Trout moved that Council concur in the request to convene in Executive
Session to discuss a matter of pending litigation pursuant to Section 2.1-344
(a) (6), Code of Virginia (1950), as amended. The ~otion was seconded by Mr.
Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Barvey, Musser, Trout and
Mayor Taylor ........................ 7.
NAYS: None ....................................................... O.
BILLINGS AND COLLECTIONS: A report of the Director of Finance transmitting
statistics as related to the Billings and Collections operations for the period
April through June, 1982, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout and
Mayor Taylor ................................................................. 7.
NAYS: None ........................................................... O.
TAXES: The qualification of Messrs. Percy T. Keeling, James R. Sprinkle
and Maury L. Strauss as members of the Revenue Study Commission for terms of tw~
years each ending June 30, 1984, was before Council.
(See Oaths of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and filed.
The motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout and
Mayor Taylor ............................................................... 7.
NAYS: None ............................................................. O.
LIBRARIES: The qualification of Mrs. Elizabeth M. Drewry as a member of
the Roanoke City Public Library Board for a term of three years ending June 30,
1985, was before Council.
(See Oath of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and filed.
The motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout and
Mayor Taylor ............................................ 7.
NAYS: None ......................................................... O.
PLANNING: The qualification of Messrs. Ross C. Hart and David H. Woodbury
and Mrs. Elizabeth To Bowles as members of the Fifth Planning District Commission
for terms of three years each ending June 30, 1985, was before Council.
(See Oaths of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and filed.
The motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout and
Mayor Taylor ................................................................ 7.
NAYS: None ........................................................... 0.
PERSONNEL: The qualification of Mrs. Louise K. Riddick as a member of the
Personnel and Employment Practices Commission for a term of three years ending
3une 30, 1985, was before Council.
(See Oath of Office on file in the City Clerk's Office.)
203
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
Mr. Trout moved that the report of qualification be received and filed.
The motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout and
Mayor Taylor ............................................. 7.
PENSIONS: The qualification of Mr. F. Wiley Hubbell as a member of the
Employees' Retirement System, Board of Trustees, for a term of four years ending
June 30, 1986, was before Council.
(See Oath of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and filed.
The motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout and
Mayor Taylor ................................................................ 7.
NAYS: None ........................................................... O.
FIRE DEPARTMENT: The qualification of Messrs. S. L. Lovelace and Wilfred
C. Traynham as members of the Board of Fire Appeals for terms of four years each
ending June 30, 1986, was before Council.
(See Oaths of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and filed.
The motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout and
Mayor Taylor ................................................................. 7.
NAYS: None ............................................................. O.
SCHOOLS: The qualification of Messrs. William S. Russell and Maury L.
Strauss as members of the Virginia Western Co,unity College Board for terms of
four years each ending June 30, 1986, was before Council.
(See Oaths of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and filed.
The motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout and
Mayor Taylor ................................................................. 7.
NAYS: None ........................................................... 0.
COUNCIL: A request of the Mayor that Council meet in Executive Session to
discuss a matter of potential litigation pursuant to Section 2.1-344 (a) (6) of
the Code of Virginia (1950), as amended, was before the body.
(For full text, see com~,nication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request to convene in Executive
Session to discusss a matter of potential litigation pursuant to Section 2.1-344
(a) (6), Code of Virginia (1950), as amended. The motion was seconded by Mr.
Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout and
Mayor Taylor .................................................................. 7.
NAYS: None ............................................................. O.
COUNCIL: An oral request of the City Attorney that Council meet in Executive
Session to discuss two matters of potential litigation pursuant to Section 2.1-344
(a) (6) of the Code of Virginia (1950), as amended, was before the body.
204
ACTION:
ACTION:
ACTION:
Mr. Trout moved that Council concur in the request to convene in Executive
Session to discuss two matters of potential litigation pursuant to Section 2.1-
344 (a) (6), Code of Virginia, (1950), as amended. The motion was seconded by
Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout and
Mayor Taylor .............................................................. 7.
NAYS: None ............................................................ O.
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
CENTER IN THE SQUARE: Mr. William A. Hopkins, Attorney, representing
Western Virginia Foundation for the Arts and Sciences, appeared before Council
and presented a request that Council vacate Section 6 of an Agreement dated
October 27, 1981, between the City and the Foundation, the effect of the vacation
of Section 6 of the contract would be to extinguish an irrevocable letter of
credit in the amount of $926,200.00 given to the City by the Foundation.
(For full text, see communication on file in the City Clerk's Office.)
In this connection, the City Attorney submitted a written report advising
that during the 1982 Session of the General Assembly, the Foundation was awarded
$2,600,000 in State funds; that on July 29, 1982, the Foundation intends to
issue $2,500,000 in Roanoke Redevelopment and Housing Authority bonds and First
National Exchange Bank will be trustee of the State funds and the bonds proceeds.
He noted that pursuant to agreement between the Foundation and the Housing
Authority, the trustee is obligated to pay the project costs for construction of
Center in the Square and, in addition, to pay all sums due the City by the
Foundation pursuant to the Agreement dated October 27, 1981. Mr. Dibling advised
that he is of the opinion that the legal interests of the City can be protected
by the arrangement suggested by the Foundation, and the Director of Finance has
reviewed the financial aspects of the proposed arrangement, and he is of the
opinion that the financial interests of the City will be adequately protected.
In concluding, Mr. Dibling advised that vacation of Section 6 would be
contingent upon execution by the Foundation and the Roanoke Redevelopment and
Housing Authority of an indenture agreement obligating the First National
Exchange Bank as trustee to pay all sums due the City by the Foundation pursuant
to the October 27, 1981, Agreement and vacation of Section 6 would also be
contingent upon issuance of bonds in the amount of $2,500,000 by the Foundation.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency Ordinance:
(#26150) AN ORDINANCE authorizing the City Manager to enter into an agree~
merit amending the Agreement between the City and the Western Virginia Foundation
for the Arts and Sciences, dated October 27, 1981, to delete Section 6 of such
Agreement which requires the Foundation to maintain an irrevocable letter of
credit in the amount of $926,200, upon certain terms and conditions, and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 324.)
Mr. Harvey moved the adoption of the Ordinance. The motion was seconded by
Mr. Musser and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Masser, Trout and
Mayor Taylor ............................................................... 7.
NAYS: None .......................................................... 0.
HOUSING: A request of the Gainsboro Project Area Citizens Committee,
Incorporated, to address Council, having previously been placed on the agenda,
the City Clerk advised that Mr. George R. Heller, PAC Administrator, had request-
ed that the item be withdrawn.
Mr. Garland moved that Council concur in the request. The motion was
seconded by Dr. Butler and unanimously adopted.
205
ACTION:
ACTION:
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
TRAFFIC-PARKING GARAGE: The City Manager submitted a written report advisi-
ng that the City is taking title from the Roanoke Redevelopment and Housing
Authority to the property bounded by Bullitt Avenue, Tazewell Avenue~ Williamson
Road and the N & W Railway's Winston-Salem Division line to be used for a
parking structure and construction is to begin on August 2, 1982; that Allright
J & S Parking Company, Incorporated, has, since 1977, operated the surface
parking on the site; and that the City has required the contractor for the
construction of the parking structure to maintain at least 45 parking spaces on
the site at all times.
Mr. Ewert advised that the current situation is that Allright J & S Parking
Company, Incorporated, has proposed that they operate 45 to 46 spaces for the
City and will pay the City fifty per cent of their gross receipts as monthly
rental during the term of construction; that at the present rate of $15.00 per
month, the contract would return approximately $345.00 per month to the City;
that with the percentage rental, the City will share in any increase in rental
rates should that occur and Allright will carry the necessary blanket insurance
coverage on the lot.
The City Manager recc~nmended that Council authorize him to retain the
services of Allright J & S Parking Company, Incorporated, for the management of
all surface parking spaces to be maintained on the site of the Williamson Road
Parking Garage during the term of construction, at a rate of fifty per cent of
the gross receipts on a month to month basis, 30 days verbal cancellation, in a
form approved by the City Attorney.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#26151) AN ORDINANCE authorizing the retention of the services of All-
right J & S Parking Co., Inc., to manage the operation of a temporary surface
parking lot on Parcel 4 of the Downtown East Urban Renewal Area, and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 325.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout and
Mayor Taylor ................................................................ 7.
NAYS: None ......................................................... O.
HOUSING-PARKING GARAGE: The City Manager submitted a written report
recommending authorization to purchase the full area of Parcel 4 of the Downtown
East Urban Renewal Area from the Roanoke Redevelopment and Housing Authority for
the first portion of the Williamson Road parking structure for $1.00, and to
execute any necessary ancillary and effecting instruments therefor.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#26152) AN ORDINANCE providing for the City's acquisition of Parcel 4 of
the Downtown East Urban Renewal Area, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 325.)
206
ACTION:
ACT ION:
ACTION:
Mrs. Bowles moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout amd
Mayor Taylor ........................................................ 7.
NAYS: None ..................................................... 0.
STREETS AND ALLEYS: The City Manager submitted a written report recommend-
ing that the City Code be amended to provide for the issuance of both multiple
and individual street opening permits, effective August 1, 1981, in accordance
with a certain schedule; and that a refund of $15.00 per permit be made to
persons who have paid $25.00 per permit since August 1, 1981.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#26153) AN ORDINANCE amending and reordaining Section 30-65, Annual
blanket permit for utilities, of the Code of the City of Roanoke (1979), as
amended, to provide for the issuance of multiple street opening permits, with
the fee for such permits to be established by Council; renaming such section
Multiple Street Opening Permit; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 326.)
Mr. Garland moved the adoption of the Ordinance. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout and
Mayor Taylor ........... -7.
NAYS: None O.
Mr. Garland offered the following Resolution:
(26154) A RESOLUTION establishing the fees for street opening permits.
(For full text of Resolution, see Resolution Book No. 47, page 326.)
Mr. Garland moved the adoption of the Resolution. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout and
Mayor Taylor ..................................................... 7.
NAYS: None .......
BUSES: The City Manager submitted a written report recommending that the
City Code be amended to allow Greater Roanoke Transit Company to operate experi-
mental substitute transportation services in certain areas of the City.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency Ordinance:
(#26155) AN ORDINANCE to amend and reordain Section 34-14, Definitions,
of the Code of the City of Roanoke (1979), as amended, to provide that the term
"Urban Mass Transit Bus" shall also include vans and similar vehicles operated
by the holder of a certificate of public convenience and necessity for the
operation of an urban mass transit bus; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 327.)
Mr. Harvey moved the adoption of the Ordinance. The motion was seconded by
Mr. Musser and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout and
Mayor Taylor .......... -- ................................. 7.
NAYS: None ....... . .............. 0.
207
HOUSI~qG: The City l4anager submitted a written report advising that the
Department of Housing and Urban Development has transmitted infor~ation regard-
ing three competitive proposals to build assisted elderly housing under the
Section 202/Section 8 Progra~ advertised for the Roanoke and Lyachburg iHSA~s;
that Council amended the City's Housing Assistance Plan on June 14~ 1982, to
allow and encourage the development of additional assisted housing for the
elderly; that HUD has 136 total unite of Section 202/Section 8 contract autho-
rity to award; that HUD carries out proposal review and has full decisionmaking
authority and responsibility regarding the allocations of Section 202/Section 8
contract authority; that HUD has offered the City the opportunity to comment on
proposals if it so desires; that the City has until August 8, 1982 to transmit
any comments it has regarding these proposals to HUD; and the three applica-
tions filed with HUD for Roanoke are:
Edinburgh Square 136 units
Sponsor: League of Older Americans
Roman Catholic Diocese of Richmond
Gainsboro Elderly Housing Project 12 units
Sponsor: Gainsboro Neighborhood Development
Corporatiom
Manor Arms Apartments
Sponsor: Friendship Manor, Inc.
136 units
Mr. Ewert also presented comparison of objective factors regarding the three
proposals.
The City Manager reco~nended that Council endorse the provision of addi-
tional assisted housing for the elderly within the City of Roanoke and transmit
the Proposal Comparison fact sheet to HUD.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
Dr. Butler offered the following Resolution:
(#26156) A RESOLUTION urging the United States Department of Housing and
Urban Development to allocate certain funds under the Section 202/ Section 8
Program to provide for the construction of assisted housing for the elderly in
the City.
(For full text of Resolution, see Resolution Book No. 47, page 327.)
Dr. Butler moved the adoption of the Resolution. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, ~arvey, Musser, Trout and
Mayor Taylor ........................... 7.
NAYS: None .....................................
Mr. Rich Hodge, President of the Edinburgh Square Foundation Board, appeared
before Council and stated that all applications have been submitted to the
Department of Housing and Urban Development, and a decision will be made by HUD
within the next few months as to which application will be awarded the project.
He requested Council's support, through a priorit~zation of favorable co~mnents
on the three projects proposed for the Roanoke area. He said Roanoke is in
competition with other areas of the State, that the Roanoke area needs the
project more than other areas of the State and the best chance of getting a
project approved in Roanoke is to enlist the prioritization of Council's favorable
comments in relation to various Roanoke groups that are involved, and that HUD
be apprised of the consensus of Council.
Mr. Richard Young, Executive Director, League of Older Americans, Inc.,
appeared before Council and stated that Council has the opportunity to comment
in several ways to HUD. He said Council can endorse all of the projects equally,
or use the City's staff in deciding which is the better application. He requested
that Council decide and advise HUD as to which is the better project so that the
units will not be lost to another City.
208
ACTION:
ACTION:
HOUSING-SCHOOLS: The City Manager submitted a written report advising that
the Department of Housing and Urban Development has approved the provision of 28
units of Section 8 assisted elderly housing for the Harrison School Project and
these funds are channeled through the Virginia Housing Development Authority;
that the Virginia Housing Development Authority notified the City that it had
initiated processing for provision of Section 8 assisted elderly housing for the
Harrison School Project by a letter received on July 9, 1982; that the Mayor
responded to VHDA endorsing the provision of the subject units and requesting
that VHDA expedite processing, rather than allow the 68 day comment period to
run its full course; and VHDA has advised the City that new State law requires a
certified City Council Resolution supporting the proposed units in order to
shorten the 60 day comment period.
Mr. Ewert recommended that Council adopt a Resolution approving the pro-
vision of a total of 28 units of Section 8 assisted elderly housing for the
Harrison School Project and direct the City Clerk to forward a certified copy of
the Resolution to Virginia Housing Development Authority.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler offered the following Resolution:
(#26157) A RESOLUTION approving the provision of twenty-eight units of
Section 8 assisted elderly housing for the Harrison School project.
(For full text of Resolution, see Resolution Book No. 47, page 328.)
Dr. Butler moved the adoption of the Resolution. The motion was seconded
by Mr. Trout and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout and
Mayor Taylor ....... . ....... 7.
NAYS: None
PENSIONS-GRANTS: The City Manager submitted a written report recommending
authorization for the Director of Finance to take appropriate action to allow
grant employees to become participants in the ICMA Retirement Plan, and to
utilize any funds already established under the respective grants therefor.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#26158) AN ORDINANCE establishing a Deferred Compensation Plan for cer-
tain grant employees of the City who are ineligible to participate in the Employ-
ees' Retirement System, authorizing the Mayor to authorize the document entitled
"International City Management Association Retirement Corporation Deferred
Compensation Plan", authorizing the Director of Finance to execute Joinder
Agreements, establishing the amount of the City's contribution on behalf of such
officers and employees; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 328.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded by
Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout and
Mayor Taylor ........ ---7.
NAYS: None .......................................
BUDGET-LIBRARIES: The City Manager submitted a written report advising
that State grant-in-aid to Libraries was estimated at $114,578.00 for fiscal
year 1983; that estimated figure was included in the library budget for the
purchase of books and related materials; that State grant-in-aid will exceed
budget estimate by $42,501.00; that expenditures cannot be made until written
approval from the governing body is received by the State Librarian from the
appropriate representative; that the Library budget contains no provision for
the purchase of needed equipment, and none has been purchased for three years;
and specific items recommended by the City Librarian for purchase with part of
the additional state aid are automatic 16 mm. movie inspection and cleaning unit,
at an approximate cost of $19,000.00, and microfilm storage cabinets, at aD.
approximate cost of $3,000.
ACTION:
ACTION:
Mr. Ewert recommended that Council provide for the appropriation of $42,501.00
additional State aid to the fiscal year 1983 budget, as follows: $22,000.00 to
Other Equipment for the purchase of an automatic 16 mm. movie cleaning and
inspection unit, and four microfilm storage cabinets; and $20,501.00 to Books
and Publications for the purchase of more library materials; and that the City
Manager be authorized to execute '~uthorization of Expenditure of State Aid
Funds, 1982-1983" and return same to the State Librarian.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#26159) AN ORDINANCE to amend and reordain certain sections of the
1982-83 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 329.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout and
Mayor Taylor ......... 7.
NAYS: None ........
Mrs. Bowles offered the following Resolution:
(#26160) A RESOLUTION authorizing the City Manager or the Assistant City
Manager to accept a certain Grant-In-Aid for the City's Library approved by
the State Library Board and to execute the requisite document to enable the
City to receive such Grant-In-Aid.
(For full text of Resolution, see Resolution Book No. 47, page 329.)
Mrs. Bowles moved the adoption of the Resolution. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout and
Mayor Taylor ...... --7.
NAYS: None .......
,0.
SEWERS AND STORM DRAINS: The City Manager submitted a written report
advising that its August 13, 1979 meeting Council authorized the City's partici-
pation in the Sanitary Sewer Evaluation Study for the Tinker Creek Drainage
Area by Ordinance No. 24791 for a total expenditure of $175,379.12 and a net
cost, following grant reimbursement to the City, of not more than $43,844.78;
that the project identifies storm water flows which are entering the sewer
collection systems in Roanoke County and Roanoke City, and for the development
of a plan to eliminate the sewage overflows which have been occurring along
the Tinker Creek Sewer Interceptor.
Mr. Ewert advised that the current situation is that the project has not
begun because the federal government froze the grant funds; that the Environ-
mental Protection Agency notified the local governments that grant funds are
now available for grant application; that contract negotiation has been reacti-
vated and Roanoke County and Roanoke City have administratively agreed to the
following cost:
Total Pro3ect
Environmental Protection
Agency Grant Share
$248,047.00
186,035.25
Local Share
62,011.75
Local Share
Roanoke County
Roanoke City
Total
14,882.82
47,128.93
$ 62,011.75
ACTION:
Roanoke City (Local Share)
1982 Requested Amount
1979 Approval Amount
New Local Funds (+)
$ 47,128.93
43t844.78
$ 3,284.15
The City Manager recommended that Council authorize an increase in the
City's participation by $3,284.15 to a total amount of $47,128.93; increase in
the City's expenditure, prior to grant reimbursement, by $13,136.60, to a
total amount of $188,515.72; and authorize the appropriate officials to execute
an amendment, as necessary, and in a form acceptable to the City Attorney,
modifying the amount of the City's obligation to that specified above.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#26161) AN ORDINANCE providing for an increase in the City's financial
participation in a joint sanitary sewer evaluation study for the Tinker Creek
Drainage area, under contract with Roanoke and Botetourt Counties; repealing
certain portions of Ordinance No. 24791, adopted August 13, 1979; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 329.)
Mr. Garland moved the adoption of the Ordinance. The motion was seconded
by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout and
Mayor Taylor ....................................................... 7.
NAYS: None ....................................................... O.
CITY ATTORNEY:
AIRPORT-RADIO-TELEVISION: The City Attorney submitted a written report
advising that at the July 19, 1982, meeting of the Airport Advisory Co, is-
sion, it was revealed that a person called Roanoke Family TV, also known as
Sterling Communication, from Chattanooga, Tennessee, proposes to construct an
antenna tower on Green Ridge, just south of Carvins Cove, west of Interstate
81, in Roanoke County. Mr. Dibling stated that the facility will stand 1,000
feet above ground and will apparently aid in the broadcasting of television
shows by Roanoke Family TV; that the Airport Advisory Commission formally
opposed this proposed construction as a danger to air navigation and recommended
that Council take a similar position, and Councilman Harvey requested that
the City Attorney's Office inquire into and report to Council on the legal
context of this proposal and prepare a Resolution in opposition thereto.
Mr. Dibling advised that the Federal Aviation Administration is currently
conducting an aeronautical study of the proposed antenna and, until August 6,
1982, is accepting comments from interested persons; that according to the
FAA, the antenna would exceed certain standards established by regulations and
the study is necessary to determine the effect of the proposal upon the operation
of air navigation facilities and the safe and efficient utilization of the
navigable air space; that if the FAA makes a determination of no hazard,
clearance could then be obtained from the Federal Com~,~ications Commission
for the construction of the antenna to begin.
The City Attorney advised that there also exists under State law, a
requirement for a permit from the Virginia Aviation Commission prior to any
person's construction of a structure exceeding 500 feet in height; that this
requirement is inapplicable, however, to any structure to be erected in a
county or city which has an applicable zoning ordinance regulating the height
of such structures, or to any structure for which the Federal Aviation Admini-
stration has issued a Determination of No Hazard to Air Navigation; and both
Roanoke City and Roanoke County have such zoning Ordinances.
(For full text, see report on file in the City Clerk's Office.)
211
ACTION:
ACTION:
ACTION:
Mr. Trout offered the following Resolution:
(#26162) A RESOLUTION expressing the City's opposition to the proposal
to construct an antenna tower on Green Ridge in Roanoke County, in connection
with FAA Aeronautical Study No. 82-AEA-467-OE.
(For full text of Resolution, see Resolution Book No. 47, page 330.)
Mr. Trout moved the adoption of the Resolution. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout and
Mayor Taylor ...................................................... 7.
NAYS: None ...................................................... 0.
PARKS AND PLAYGROUNDS-ALCOHOLIC BEVERAGES: The City Attorney submitted a
written report in response to Councilman Harvey's letter of July 9, 1982, in
regard to City Code provisions relating to use and possession of alcoholic
beverages and controlled drugs in the Civic Center and within City parks,
advising that it was further inquired as to whether any amendments to the
relevant City Code provisions might improve enforcement of the Ordinances.
Mr. Dibling pointed out that it is a crime to be drunk in public at any
place within the City; that with respect to the Civic Center, the City Code
provides that no beer, wine, spirits or other alcoholic beverage shall be
possessed, carried or consumed upon or in the Civic Center or the grounds
appurtenant thereto (except when a banquet license has been granted by the
Alcoholic Beverage Control Board for a private group and the permit agreement
specifically authorizes possession and consumption of alcoholic beverages);
and with respect to City parks, it shall be unlawful for any person to consume
any spirituous, malt or fermented liquor in any City park.
The City Attorney pointed out that the crime of drinking in a City park
is more difficult to prove than the crime of possession of an alcoholic beverage
at the Civic Center, and recommended the adoption of an Ordinance which will
prohibit possession of alcoholic beverages in the City parks, noting that the
Commonwealth's Attorney and the Chief of Police concur in the recommendation.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency Ordinance:
(#26163) AN ORDINANCE amending and reordaining Section 24-97, Consumption
of alcoholic beverages, of the Code of the City of Roanoke (1979), as amended,
to prohibit possession or carrying of alcoholic beverages into any City park;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 331.)
Mr, Harvey moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout and
Mayor Taylor ........ 7.
NAYS: None ........................................................... 0.
PENSIONS: The City Attorney submitted a written report advising that at
the Council meeting of July 12, 1982, the matter of preparation of an Ordinance
providing a cost of living adjustment for certain retirees was referred to his
office, and transmitting the requested Ordinance for the consideration of
Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(~26164) AN ORDINANCE providing for certain supplemental benefits under
the Employees' Retirement System to certain members of such System and their
surviving spouses; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 331.)
212
ACTION:
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland amd adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout and
Mayor Taylor ................. 7.
NAYS: None ...................................................... O.
DIRECTOR OF FINANCE:
BUDGET-CIVIC CENTER-AIRPORT-SEWERS AND STORM DRAINS-WATER DEPARTMENT: The
Director of Finance submitted a written report advising that at the close of
fiscal year 1982, budget funds were obligated for outstanding encumbrances
incompleted capital projects; that purchase orders or contracts had been
issued for the goods and services as of the close of fiscal year 1982, but
delivery of the goods, or performance of the services are not completed; that
capital projects are usually not completed within the fiscal year in which
the project is begun and continue into the following fiscal year; that reappro-
priation of these funds bring forward the unspent budget funds that were
originally appropriated and obligated contractually for the goods or services;
and reappropriation amounts are requested as follows:
General Fund
Open encumbrances
$ 967~033.00
Water Fund
Open encumbrances $ 17,589.31
Capital projects from revenue 1,082,138.19
Capital projects from bonds funds ... 752~966.13
Total
Sewage Fund
Open encumbrances
Capital projects from revenue
$ 1,852~693.63
378,166.72
1~359~471.29
Total
$ 1,737~638.01
Airport Fund
Open encumbrances
Capital projects from revenue
1,914.14
4,005,487.30
Total
$ 4,007,401.44
Civic Center Fund
Open encumbrances
Capital projects from revenue
$ 3,014.95
266~929.18
Total $ 269~944.13
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler offered the following emergency Ordinance:
(#26165) AN ORDINANCE to amend and reordain certain sections of the
1982-83 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 332.)
Dr. Butler moved the adoption of the Ordinance. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout and
Mayor Taylor .......................................................... 7.
NAYS: None ........................................................... O.
ACTION
ACTION:
ACTION:
ACTION:
Dr. Butler offered the following emergency Ordinance:
(#26166) AN ORDINANCE to a~end and reordain certain sections of the
1982-83 Water Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 333.)
Dr. Butler moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout and
Mayor Taylor ............... 7.
NAYS: None .................................................. 0.
Dr. Butler offered the following emergency Ordinance:
(#26167) AN ORDINANCE to emend and reordain certain sections of the
1982-83 Sewage Treatment Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 334.)
Dr. Butler moved the adoption of the Ordinance. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout and
Mayor Taylor ................ 7.
NAYS: None .................... O.
Dr. Butler offered the following emergency Ordinance:
(#26168) AN ORDINANCE to amend and reordain certain sections of the
1982-83 Airport Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 333.)
Dr. Butler moved the adoption of the Ordinance. The motion was seconded
by Mr. Musser and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout and
Mayor Taylor ........ 7.
NAYS: None ................ 0.
Dr. Butler offered the following emergency Ordinance:
(#26169) AN ORDINANCE to amend and reordain certain sections of the
1982-83 Civic Center Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 335.)
Dr. Butler moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout and
Mayor Taylor ......................................... , 7.
NAYS: None ........................................................ 0.
DIRECTOR OF FINANCE-UTILITIES-CONSULTANTS' REPORTS: The Director of
Finance submitted a written report recommending that the contract with Network
Computing Corporation for the current utility billing system be renewed for a
period of 18 months, and that funds in the total amount of $10,700.00 be
transferred from the City Information Systems contingency account as follows:
ACTION:
ACTION:
ACTION:
ACTION:
Fees for Professional Services
Communications
Equipment Rental
Contingencies
(For full text, see report on file in the City Clerk's Office.)
Hr. Garland offered the following emergency Ordimance:
$ 3,700
4,000
3,000
10,700
(For full text of Ordinance, see Ordinance Book No. 47, page 335.)
Mr. Garland moved the adoption of the Ordinance. The motion was seconded
by Mr. Musser and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout and
Mayor Taylor .......... - .... 7.
NAYS: None .....
Mr. Garland offered the following emergency Ordinance:
(#26171) AN ORDINANCE authorizing a certain contract to be entered into
with Network Computing Corporation for a term of eighteen (18) months to
provide a utility billing system; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 336.)
Mr. Garland moved the adoption of the Ordinance. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout
Mayor Taylor .........
NAYS: None ........
FINANCIAL REPORT: The Director of Finance presented a written report
relative to the status of the financial condition of the City of Roanoke for
fiscal year 1982, transmitting the unaudited financial statements for the
fiscal year ended June 30, 1982, noting that figures may change during the
course of the current audit, and the financial statements at this time indicate
an undesignated General Fund balance as of June 30, 1982, of $1,923,706.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that the report be received and filed. The motion was
seconded by Mr. Garland and unanimously adopted.
REPORTS OF COI~MITTEES:
AIRPORT-SALE/PURCHASE OF PROPERTY: Council member Bowles, Chairman of
the Water Resources Committee submitted a written report of committee recom-
mending authorization to purchase property of Norma G. Letson at 604 Dent
Road, N. W., for airport safety purposes, for the sum of $12,000.00, the major
portion thereof to be reimbursed by a Federal Aviation Administration grant.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#26172) AN ORDINANCE to amend and reordain certain sections of the
1982-83 Airport Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 336.)
(#26170) AN ORDINANCE to amend and reordain certain sections of the
1982-83 General Fund Appropriation Ordinance, and providing for an emergency.
215
ACTION:
ACTION:
ACTION:
Mrs. Bowles moved the adoption of the Ordinance. The motion was seconded
by Hr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Husser, Trout and
Mayor Taylor ................. 7.
NAYS: None ......................
Mrs. Bowles offered the following emergency Ordinance:
(#26173) AN ORDINANCE providing for the City's acquisition of 0.624 acre
on Dent Road, Roanoke County, Virginia, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 337.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout and
Mayor Taylor .................. . .... 7.
NAYS: None ........... 0.
SEWERS AND STORM DRAINS: Council member Bowles, Chairman of the Water
Resources Committee, submitted a written report of the committee recommending
the purchase of Lot 19, Block 5, Eastover Place, Official Tax No. 4330719,
located adjacent to the Sewage Treatment Plant on Underhill Avenue, S. E.,
from Mr. Ralph A. Glasgow for $1,750.00, and that funds be transferred therefor.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#26174) AN ORDINANCE to amend and reordain certain sections of the
1982-83 Sewage Treatment Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 337.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout and
Mayor Taylor ........................................................ 7.
NAYS: None .............. O.
Mrs. Bowles offered the following emergency Ordinance:
(#26175) AN ORDINANCE providing for the City's acquisition of Lot 19,
Block 5, Eastover Place, Roanoke, Virginia, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 338.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout and
Mayor Taylor ............. 7.
NAYS: None ............. O.
AIRPORT: A report of the Airport Advisory Commission recommending that a
one year lease be awarded to Mr. William C. Cranwell for 5.43 acres of airport
land located at 712 Dent Road, N. W., at an annual rate of $2,460.00, and that
the property be re-bid at the expiration of the lease for a multi-year lease.
(For full text, see report on file in the City Clerk's Office.)
216
ACTION:
ACTION:
ACTION:
ACTION:
Mr. Harvey moved that the following Ordinance be placed upon its first
reading:
(#26176) AN ORDINANCE authorizing the lease of certain property owned
by the City in the vicinity of the Airport, upon certain terms and conditions.
The motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout and
Mayor Taylor ......................................................... 7.
NAYS: None ........................................................ 0.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
SCHOOLS-HOUSING-GRANTS: Ordinance No. 26136 providing for the conveyance
of a portion of the Jefferson High School property to the City of Roanoke
Redevelopment and Housing Authority, having previously been before the Council
for its first reading on Monday, July 12, 1982, read and adopted on its first
reading and laid over, was again before the body, Dr. Butler offering the
following for its second reading and final adoption:
(#26136) AN ORDINANCE providing for the conveyance of a portion of the
Jefferson High School property to the City of Roanoke Redevelopment and Housing
Authority.
(For full text of Ordinance, see Ordinance Book No. 47, page 321.)
Dr. Butler moved the adoption of the Ordinance. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout and
Mayor Taylor ......... 7.
NAYS: None .............
STREETS AND ALLEYS-LEGISLATION: Ordinance No. 26144 amending the City
Code to conform the City's procedure for altering or vacating City streets or
alleys with recent changes in State law, having previously been before the
Council for its first reading on Monday, July 12, 1982, 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:
(#26144) AN ORDINANCE amending Section 30-14, Code of the City of Roanoke
(1979), as amended, to conform the City's procedure for altering or vacating
City streets or alleys with recent changes in State law.
(For full text of Ordinance, see Ordinance Book No. 47, page 322.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout and
Mayor Taylor ........ . ......... 7.
NAYS: None ........
DEPOSITORIES: Ordinance No. 26147 repealing Section 2-167, Depositories
designated, and to amend Sections 2-168, Security for deposits, of the Code of
the City of Roanoke (1979), as amended, having previously been before the
Council for its first reading on Monday, July 12, 1982, read and adopted on
its first reading and laid over, was again before the body, Dr. Butler offer-
ing the following for its second reading and final adoption:
(#26147) AN ORDINANCE to REPEAL Section 2-167, Depositories designated,
and to amend Section 2-168, Security for deposits, of the Code of the City of
Roanoke (1979), as amended.
(For full text of Ordinance, see Ordinance Book No. 47, page 323.)
ACTION:
ACTION:
Dr. Butler moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote~
AYES: Council members Bowles, Butler, Garland, Harvey, Musser,
Trout and Mayor Taylor .................................... 7.
NAYS: None ............................................... O.
HOUSING: Ordinance No. 26148 providing for certain changes in the
City's Fair Housing Ordinance with regard to civil action by persons affected
by discriminatory practices and general procedures on complaints for discrimina-
tory practices; conciliation and consent agreements, having previously been
before the Council for its first reading on Monday, July 12, 1982, read and
adopted on its first reading and laid over, was again before the body, Mr.
Musser offering the follow{rig for its second reading and final adoption:
(#26148) AN ORDINANCE to amend Section 16-151, subsection (b) of Section
16-176, and subsection (a) of Section 16-178 of Article III, Fair Housing,
of Chapter 16, Housing, Code of the City of Roanoke (1979), as amended, to
effect certain amendments to the City's Fair Housing Ordinance.
(For full text of Ordinance, see Ordinance Book No. 47, page 323.)
Mr. Musser moved the adoption of the Ordinance. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser,
Trout and Mayor Taylor ........................................ 7.
NAYS: None ............................................... O.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: NONE.
WATER DEPARTMENT: Mr. Harvey presented a petition signed by 12 residents
and property owners of the Raleigh Court area requesting an increase in
water pressure by means of valving off to lower pressure areas with higher
water pressure from lines in Belleville Road and Chesterfield Street. He
advised that the City Manager has agreed to approve this request on a block
by block basis and asked the Director of Utilities and Operations to provide
an explanation of what will be required of City residents and what will be
required of the City.
(For full text, see petition on file in the City Clerk's Office.)
The Director of Utilities and Operations advised that there will be a
gain in water pressure in the range of an additional 80 - 85 pounds per square
inch. He said the City will open an intermediate valve to put the higher
pressure on this one block and close another valve so water will not go any
further and keep the pressure from getting too high. He said it is important
that all the residents be told that this procedure will give them very high
water pressure and could cause leaks and they should take action on their
own to install pressure relief valves to keep the hot water safety tanks
from spewing or breaking. Mr. Kiser stated that each of the residents in
the block has agreed to install pressure relief valves.
The City Attorney advised that letters will be sent to the residents to
put them on notice as to what they may expect with regard to increased water
pressure and that the City will not be held liable for any damages in connec-
tion therewith.
Mr. Harvey moved that Council concur in the oral report of the Director
of Utilities and Operations. The motion was seconded by Mr. Trout and
unanimously adopted.
OTHER HEARINGS OF CITIZENS: NONE.
CITY GOVERNMENT: The Mayor advised that on July 22, 1982, the City
hosted a reception for Mr. Maurice Wandia, Assistant Town Engineer, Kisumu,
Kenya, who is visiting the City of Roanoke under the Sister City Program,
and in a statement that Mr. Wandia made at the reception, the following
points were made:
ACTION:
ACTION:
ACTION:
"Finally, Roanoke and America at large generally enjoy genuine
freedom of worship and democracy. Americans still have com-
plaints against the system. I, however, believe that you are
better off compared to the rest of the world. Americans com-
mitment to constructive criticism should continue to prevail
at least with intent to make a better America.
I am not entirely sure that I enjoyed your segregative wor-
ship. Once I attended a Baptist Church which was exclusively
for minority and twice I was embarrassed to find myself in a
total white church. I am not sure whether the atmosphere of
genuine friendliness I have enjoyed was really genuine. I am
not sure that the friendliness I have seen between whites and
minority was genuine. I think you will have to live together
hence all conservative feelings will have to go. Anything
which remind of the old times should be reversed."
At 3:40 p.m., the Mayor declared the meeting recessed.
At 5:15 p.m., the meeting reconvened in the Council Chamber
with Mayor Taylor presiding and all members of the Council present.
PUBLIC ASSISTANCE: The Mayor advised that there is a vacancy
on the Advisory Board of Human Resources created by the resignation of
Mrs. Priscilla A. Tarplee for a term ending November 30, 1984, and called
for nominations to fill the vacancy.
Mr. Harvey placed in nomination the name of Ms. Rita A. Engle.
There being no further nominations, Ms. Engle was elected as a
member of the Advisory Board of Human Resources to fill the unexpired term
of Mrs. Priscilla A. Tarplee ending November 30, 1984, by the following
vote:
FOR MS. ENGLE: Council members Bowles, Butler, Garland, Harvey,
Musser, Trout and Mayor Taylor ...................................... 7.
YOUTH: The Mayor advised that there is a vacancy on the Youth Services
Citizen Board created by the resignation of Mr. David K. Lisk for a term of
three years ending May 31, 1985, and called for nominations to fill the
vacancy.
Mr. Harvey placed in nomination the name of Ms. Katherine A. Roche.
There being no further nominations, Ms. Roche was elected as a member
of the Youth Services Citizen Board for a term of three years ending May
31, 1985, by the following vote:
FOR MS. ROCHE: Council members Bowles, Butler, Garland, Harvey,
Musser, Trout and Mayor Taylor .......
.7.
ROANOKE CITY ARTS CO~ISSION: The Mayor advised that there are two
vacancies on the Roanoke City Arts Commission created by the resignations
of Mr. Eric E. Fitzpatrick and Ms. Martha S. Bell for terms of one year
each ending Jane 30, 1983, and called for nominations to fill the vacancies.
Mr. Musser placed in nomination the name of Ms. Anne B. Macfarlane.
Dr. Butler placed in nomination the name of Mr. Robert B. Sears.
There being no further nominations, Ms. Macfarlane and Mr. Sears were
elected as members of the Roanoke City Arts Commission for terms of one
year each ending June 30, 1983, by the following vote:
FOR MS. MACFARLANE AND M~. SEARS: Council members Bowles, Butler,
Garland, Harvey, Musser, Trout and Mayor Taylor ......................... 7.
219
There being no further business, the Mayor declared the meeting adjourned
at 5:20 p.m.
APPROVED
ATTEST:~ ~ ~'
City Clerk
Mayor
220
REGULAR WEEKLY SESSION .... ROANOKE CITY COUNCIL
August 9, 1982
7:30 p.m.
The Council of the City of Roanoke met in regular meeting in the Council Chamber
in the Municipal Building, City of Roanoke, on Monday, August 9, 1982, at 7:30 p.m.,
the regular meeting hour, with Vice-Mayor Howard E. Musser presiding.
PRESENT: Council members Wendell H. Butler, Robert A. Garland, James G. Harvey,
Il, James O. Trout, Elizabeth T. Bowles and Vice-Mayor Howard E. Musser ............. 6.
ABSENT: Mayor Noel C. Taylor .................................................. 1.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. W. Robert Herbert, Assistant
City Manager; Mr. Joel M. Schlanger, Director of Finance; Mr. Wilburn C. Dibling,
Jr., City Attorney; Mr. William X Parsons, Assistant City Attorney; and Ms. Mary F.
Parker, City Clerk.
The invocation was delivered by the Reverend James Thomason, Pastor, Rosalind
Hills Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America was led by
the Vice-Mayor.
CELEBRATIONS-DOWNTOWN ROANOKE, INCORPORATED: Mr. Paul C. Buford, President,
Downtown Roanoke, Incorporated, appeared before Council and presented a full color
caricature poster depicting Roanoke in its Centennial year, which was commissioned
by Downtown Roanoke from local artist Eric Fitzpatrick, in commemoration of the
City's lOOth birthday.
The Vice-Mayor expressed appreciation on behalf of the City of Roanoke.
BID OPENINGS:
SEWERS AND STORM DRAINS: Pursuant to notice of advertisement for
bids for the King Street - Route 460 sanitary sewer main extension, said
proposals to be received by the City Clerk until 4:30 p.m., on Monday,
August 9, 1982, and to be held, opened and read before the Council at 7:30
p.m., or as soon thereafter as the matter may be heard on that date, the
¥ice-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:
Ray Sink Plumbing & Heating
S. C. Rossi and Company, Inc.
J. P. Turner and Brothers, Inc.
Dixon Contracting, Inc.
$ 53,779.50
54,178.00
62,639.00
73,601.00
ACTION:
Dr. Butler moved that the bids be referred to a committee to be appoint-
ed by the Vice-Mayor for tabulation, report and recommendation to Council.
The motion was seconded by Mr. Harvey and adopted.
The Vice-Mayor appointed Messrs. Robert A. Garland, Chairman, Thomas F.
Brady and Richard B. Burrow as members of the committee.
NURSING HOME: Pursuant to notice of advertisement for bids for
interior painting at the Coyner Springs Nursing Home, said proposals to be
received by the City Clerk until 4:30 p.m., on Monday, August 9, 1982, and
to be held, opened and read before the Council at 7:30 p.m., or as soon
thereafter as the matter may be heard on that date, 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:
ACT ION:
ACTION:
ACTION:
B & B Paint Contractors, Inc.
Hodges Lumber Corporation
$ 19,500.00
19,610.00
Dr. Butler moved that the bids be referred to a co---ittee to be
appointed by the Vice-Mayor for tabulation, report and recomme~dation to
Council. The motion was seconded by Mr. Harvey and adopted.
The Vice-Mayor appointed Messrs. Robert A. Garland, Chairman, James D.
Ritchie, Thomas F. Brady and Miss Bernice F. Jones as members of the
committee.
PUBLIC HEARINGS:
ZONING: Pursuant to Resolution No. 25523, the City Clerk set a
public hearing for Monday, August 9, 1982, at 7:30 p.m., or as soon there-
after as the matter may be heard on the request of Mr. David N. van Biaricom
that certain tracts of land located on Norfolk Avenue between First and
Second Streets, S. W., adjacent to the Norfolk and Western Railway tracks,
containing approximately .8 acre, more or less, designated as Official Tax
Nos. 1010305 - 1010311, inclusive, be rezoned from LM, Light Manufacturing
District, to C-3, Central Business District, with H-i, Historic District
Designation, and that certain adjacent tracts designated as Official Tax
Nos. 1010416 - 1010418, inclusive, be rezoned from C-4, Central Business
Expansion District, to C-3, Central Business District, with H-i, Historic
District Designation, the matter was before the body.
Mr. Trout moved that the following Ordinance be placed upon its first
reading:
(#26177) AN ORDINANCE to amend Sections 36-3 and 36-4, Code of the
City of Roanoke (1979), as amended, and Sheet No. 101, Sectional 1976 Zone
Map, City of Roanoke, in relation to Zoning.
The motion was seconded by Mr. Garland.
A report of the City Planning Commission recommending that the request
be approved, advising that the request is consistent with the Comprehensive
Plan; that H-1 designation will allow for redevelopment of an historically
significant area of the City; that architectural controls over exterior
renovation plans for the existing structures will assure compatibility
with ongoing downtown improvement projects; and the project will encourage
the expansion of downtown revitalization to the west of its present focus,
was before Council.
(For full text, see report on file in the City Clerk's Office.)
No one appearing in opposition to the rezoning, the following vote
was recorded on Ordinance No. 26177 on first reading:
AYES: Council members Butler, Garland, Harvey, Trout, Bowles and
Vice-Mayor Musser ........................................................ 6.
NAYS: None ........................................................ O.
(Mayor Taylor was absent.)
STREETS AND ALLEYS: Pursuant to Resolution No. 25523, the City Clerk
set a public hearing for Monday, August 9, 1982, at 7:30 p.m,, or as soon
thereafter as the matter may be heard, on the request of Crown Point
Associates, Incorporated, that a twenty foot utility easement and an alley
running in a north-south direction from Crown Point Road to Hartsook
Boulevard, S. E., in the Garden City area of the City of Roanoke, be
vacated, discontinued and closed, the matter was before the body.
ACTION: Mr. Trout moved that the following Ordinance be placed upon its first
reading:
222
ACTION:
ACTION:
(#26178) AN ORDINANCE permanently vacating, discontinuing and closing
a 20 foot public utility easement and alley running in a north-south
direction from Crown Point Road to Hartsook Boulevard, in the Garden City
area in the City of Roanoke, Virginia, as is more particularly described
hereinafter.
The motion was seconded by Mr. Garland.
A report of the City Planning Commission recommending approval of the
proposed alley closure; however, due to the existing sewer line, drainage
easement, electric and gas lines within the right of way, it was recommend-
ed that all appropriate easements be maintained; advising that the request
is consistent with the Comprehensive Plan and will not create an adverse
impact on the adjacent neighborhood, was before Council.
(For full text, see report on file iu the City Clerk's Office.)
No one appearing in opposition to the request, the following vote was
recorded on Ordinance No. 26178 on first reading:
AYES: Council members Butler, Garland, Harvey, Trout, Bowles and
Vice-Mayor Musser .....................................................
NAYS: None ........................................................ O.
(Mayor Taylor was absent.)
CONSENT AGENDA:
The Vice-Mayor advised that all matters listed on the Consent Agenda
were considered to be routine by the City Council and will be enacted by
one motion in the forms listed on the agenda, and if discussion ia desired,
that item will be removed from the Consent Agenda, and considered separate-
ly. He noted that there were two requests for Executive Sessions of Council
to discuss personnel matters relating to vacancies on various authorities,
boards, committees and commissions appointed by Council; and a request to
discuss a legal matter within the jurisdiction of the governing body.
MINUTES: Minutes of the organizational meeting of Council held on
Tuesday, July 6, 1982; the regular meeting of Council held on Monday, July
12, 1982; and the regular meeting of Council held on Monday, July 26,
1982, 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
Dr. Butler and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Trout, Bowles and
Vice-Mayor Musser ................................................... 6.
NAYS: None ..................................................... O.
(Mayor Taylor was absent.)
COMMITTEES-COUNCIL: A communication from Mayor Noel C. Taylor suggest-
ing that areas of concern regarding appointment of individuals to serve on
various commissions, boards and committees be discussed during the first
Financial and Planning Session of the fall season, 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 Mayor's suggestion. The
motion was seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Trout, Bowles and
Vice-Mayor Musser ...................................................... 6.
NAYS: None ....................................................... O.
(Mayor Taylor was absent.)
ACTION:
ACTION:
ACTION:
ACTION:
223
COUNCIL: A communication from Vice-Mayor Musser requesting an Executive
Session to discuss vacancies on various authorities, boards, commissions
and committees appointed by Council, pursuant to Section 2.1-344 (a) (1),
Code of Virginia (1950), as amended, 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 to convene in
Executive Session to discuss a personnel matter pursuant to Section 2.1-
344 (a) (1), Code of Virginia (1950), as amended. The motion was seconded
by Dr. Butler and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Trout, Bowles and
Vice-Mayor Musser ..................................................... 6.
NAYS: None ............................. ~ .......................... 0.
(Mayor Taylor was absent.)
ZONING: A communication from Mr. Edward A. Natt, Attorney, representing
Mr. William Lotz, requesting that an application to rezone certain property
on the east side of Westside Boulevard, N. W., considered by the City
Planning Commission on July 7, 1982, be referred back to the City Planning
Commission for reconsideration, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mrs. Bowles moved that the matter be referred to the City Planning
Commission for reconsideration. The motion was seconded by Dr. Butler and
adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Trout, Bowles and
Vice-Mayor Musser ....................................................... 6.
NAYS: None ........................................................ 0.
(Mayor Taylor was absent.)
PUBLIC ASSISTANCE: A communication from Mrs. Nina C. Bolden tendering
her resignation as a member of the Advisory Board of Human Resources, was
before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mrs. Bowles moved that the co~anunication be received and filed and
that the resignation be accepted with regret. The motion was seconded by
Dr. Butler and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Trout, Bowles and
Vice-Mayor Musser ........................................................ 6.
NAYS: None ....................................................... 0.
(Mayor Taylor was absent.)
SCHOOLS-BUDGET: A communication from the Roanoke City School Board
transmitting a report on revenue and expenditures for the fiscal year
ended June 30, 1982, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mrs. Bowles moved that the communication and report be received and
filed. The motion was seconded by Dr. Butler and adopted by the following
vote:
AYES: Council members Butler, Garland, Harvey, Trout, Bowles and
Vice-Mayor Musser ....................................................... 6.
NAYS: None ....................................................... 0.
(Mayor Taylor was absent.)
224
ACTION:
ACTION:
ACTION:
ACTION:
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss a legal matter within the Jurisdiction of the governing
body pursuant to Section 2.1-344 (a) (6), Code of Virginia (1950), as
amended, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the request to convene in
Executive Session to discuss a legal matter within the Jurisdiction of the
governing body pursuant to Section 2.1-344 (a) (6), Code of Virginia
(1950), as amended. The motion was seconded by Dr. Butler and adopted by
the following vote:
AYES: Council members Butler, Garland, Harvey, Trout, Bowles and
Vice-Mayor Musser .................................................... 6.
NAYS: None ....................................................... O.
(Mayor Taylor was absent.)
PERSONNEL: The qualification of Mr. Mel H. Lipton as a member of the
Personnel and Employment Practices Commission to fill the unexpired term
of Mr. Joseph C. Crutchfield, resigned, ending June 30, 1984, was before
Council.
(See Oath 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 Dr. Butler and adopted by the following
vote:
AYES: Council members Butler, Garland, Harvey, Trout, Bowles and
Vice-Mayor Musser ....................................................... 6.
NAYS: None ....................................................... 0.
(Mayor Taylor was absent.)
YOUTH SERVICES CITIZEN BOARD: The qualification of Messrs. Robert E.
Firebaugh and Raymond C. Pittman, and Ms. Katherine A. Roche as members of
the Youth Services Citizen Board for terms of three years each ending May
31, 1985, was before Council.
(See Oaths 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 Dr. Butler and adopted by the following
vote:
AYES: Council members Butler, Garland, Harvey, Trout, Bowles and
Vice-Mayor Musser ........................................................ 6.
NAYS: None ....................................................... 0.
(Mayor Taylor was absent.)
LIBRARIES: The qualification of Mrs. John H. Morrow as a member of
the Roanoke City Public Library Board for a term of three years ending
June 30, 1985, was before Council.
(See Oath 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 Dr. Butler and adopted by the following
vote:
AYES: Council members Butler, Garland, Harvey, Trout, Bowles and
Vice-Mayor Musser ......................................................... 6.
NAYS: None ........................................................ O.
(Mayor Taylor was absent.)
225
ACTION:
ACTION:
ACTION:
PENDING ITEMS: A list of items pending from February 7, 1977, through
July 12, 1982, was before Council.
(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 Dr. Butler and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Trout, Bowles and
Vice-Mayor Musser ..................................................... 6.
NAYS: None ..................................................... O.
(Mayor Taylor was absent.)
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
ROANOKE LIFE SAVING AND FIRST AID CREW: Mr. Billy W. Martin, Captain,
Roanoke Life Saving and First Aid Crew, appeared before Council and requested
assistance from the City, in the amount of $12,000.00, to help pay for a
second cardiac emergency unit. He said the money could be taken from the
$1.9 million undesignated fund balance for the fiscal year ended June 30,
1982. Mr. Martin explained that the Life Saving Crew receives 20 per cent
of its funding from the City and the rpmminder is raised through proceeds
from bingo games and other fund raising activities.
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. Garland and adopted.
HOUSING: A communication from Council member James O. Trout advising
that a recent spot inspection by Mr. George C. Snead, Director of Administration
and Public Safety, through team action, of some of the businesses located
along First Street (THE YARD) is just, right and proper and should be
continued in other areas of the City; and he is of the opinion that Council
can improve its credibility and improve its communication with the people
in the area by having the Mayor designate a member of Council to be an
observer or liaison person to the Gainsboro program, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Inasmuch as Dr. Butler serves as the laision person from Council to
the City of Roanoke Redevelopment and Housing Authority, Mr. Trout moved
that his co~munication be received and filed. The motion was seconded by
Mr. Harvey and adopted.
BUDGET-SCHOOLS: A communication from the Roanoke City School Board
requesting that Council appropriate the following funds to school accounts;
viz:
$401,695 for P.L. 94-142 Part VI-B funds for special education
services, totally reimbursed by state and federal funds;
$11,786.50 for Project Aware to provide safety training for
bus drivers and riders, totally reimbursed by federal funds;
$8,000.00 for the ABE Dissemination Conference, totally re-
imbursed by state funds;
$95,212.00 for the Apprenticeship Program, totally reimbursed
by state funds; and
$18,515.00 for the ABE/DIAL Program, funded by local match in
account A01610110139 and federal funds.
It was also requested that the following school grants be closed out; viz:
CETA, Title II-B, LPN 1980-81
CETA, Title II-B, Geriatric Nursing 1981-82
CETA, Title II-B, LPN 1981-82
Pre-School Incentive 1981-82.
226
ACTION:
ACTION:
(For full text, see communication on file in the City Clerk's Office.)
A report of the Director of Finance advising that he has reviewed the
request, that funding for flow-through 82-83 ABE Dissemination Conference,
and Apprenticeship 82-83 grant will be 100 per cent federal and/or state
funded; that Project Aware 82-83 amd ABE/DIAL 82-83 will be funded by
federal funds and a local match; that the local match funds are available
in the education appropriations amd will be transferred to the Grant Fund;
that the request to close-out grants is necessary as the grant programs
have been completed; and recommending that Council concur in the request
of the School Board, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#26179) AN ORDINANCE to amend and reordain certain sections of the
1982~83 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 339.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Trout, Bowles and
Vice-Mayor Musser ........................................................ 6.
NAYS: None .................................................... 0.
(Mayor Taylor was absent.)
REPORTS OF OFFICERS:
BRIEFINGS: NONE.
ITEMS RECO~9~ENDED FOR ACTION:
BUDGET-SHERIFF: The City Manager submitted a written report concurring
in a request of the Sheriff that $78,500.00 be appropriated to the Sheriff's
budget to provide for.eight additional Deputy Sheriff positions needed for
adequate security as required by state law and/or a court order at the new
courthouse facilities.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#26180) AN ORDINANCE to amend and reordain certain sections of the
1982-83 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 340.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Trout, Bowles and
Vice-Mayor Musser ...................................................... 6.
NAYS: None ....................................................... 0.
(Mayor Taylor was absent.)
BUDGET-LAW LIBRARY: The City Manager submitted a written report
advising that the Law Library is used by members of the Roanoke Bar Association,
City Judges, Commonwealth Attorney's Office, City Attorney's Office, and
the general public; that the City Code authorizes collection of two dollars
for each civil action filed in the City of Roanoke to be used for operation
of the Law Library as follows: $50,026.00 collected for fiscal year 1981-
82, $47,002.00 expended for fiscal year 1981-82, and $3,024.00 revenues
in excess of expenditures which represents that portion of the June 30,
1982, Undesignated Fund Balance; and all such funds collected must be used
for the Law Library.
227
ACTION:
ACTION:
Mr. Ewert advised that the Law Library is requesting that the excess
fiscal year 1981-82 revenues be appropriated to its budget for fiscal year
1982-83 from the June 30, 1982 Undesignated Fund Balance; and recommended
that $3,024.00 be appropriated to Books and ~ublications under the Law
Library budget from the June 30, 1982, Undesignated Fund Balance.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#26181) AN ORDINANCE to emend and reordain certain sections of the
1982-83 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 380.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Trout, Bowles and
Vice-Mayor Musser ......................................................... 6.
NAYS: None ....................................................... O.
(Mayor Taylor was absent.)
HOUSING: The City Manager submitted a written report in connection
wi~h execution of two agreements with the Virginia Housing Development
Authority providing for an allocation of $750,000.00 in mortgage financing
for certain areas of the City, recommending that the Assistant City Manager
be authorized to execute t~o Urban Preservation and Infill Program Commitment
Agreements with the Virginia Housing Development Authority dated August
10, 1982, providing for the allocation by VHDA of a total of $750,000.00
in mortgage financing at the rate of 13.85 per cent interest for the
purchase of properties located within those areas of the City set out in
such Agreements; and providing that the financial institutions which have
been authorized to and which are currently receiving and processing loan
applications in the City as a part of the program be designated to receive
amd process loan applications for the funds to be made available pursuant
to the aforesaid agreements dated August 10, 1982.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler offered the following Resolution:
(#26182) A RESOLUTION approving the execution of two agreements with
the Virginia Housing Development Authority providing for an allocation of
$750,000 in mortgage financing for certain areas of the City, and authorizing
certain other actions relating thereto.
(For full text of Resolution, see Resolution Book No. 47, page 341.)
Dr. Butler moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Trout, Bowles and
Vice-Mayor Musser ........................................................ 6.
NAYS: None ....................................................... O.
(Mayor Taylor was absent.)
PARKING GARAGE-SPECIAL PERMITS: The City Manager submitted a written
report recommending approval of a license to allow a footing encroachment
into Tazewell Avenue, S. W., for the Williamson Road Parking Garage, of
one foot, three inches and a minimum depth of four feet, four inches.
(For full text, see report on file in the City Clerk's Office.)
228
ACTION:
ACTION:
Mr. Garland moved that the following Ordinance be placed upon its
first reading:
(#26183) AN ORDINANCE granting to the City of Roanoke a license for
a footing encroachment into Tazewell Avenue, in connection with the proposed
Williamson Road Parking Garage.
The motion was seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council members Butler, Garland, Harvey, Trout, Bowles and
Vice-Mayor Musser ....................................................... 6.
NAYS: None ........................................................ O.
(Mayor Taylor was absent.)
TOTAL ACTION AGAINST POVERTY-SCHOOLS-CITY PROPERTY: The City Manager
submitted a written report advising that Council authorized execution of a
lease with Total Action Against Poverty for the Harrison School by Ordinance
No. 25414 on January 5, 1981; that Section 5 (i) of the lease requires
that fire insurance in the amount of $352,000.00 be provided by the lessee,
T.A.P.; that Council authorized execution of an option to sell Harrison
School property to Fralin & Waldron, subject to several conditions, pursuant
to Ordinance No. 25916 on February 22, 1982; that HUD announced approval
of a total of 28 units of Section 8 assisted elderly housing necessary for
the Harrison School project on July 19, 1982; that TAP's last fire insurance
policy expired on April 30, 1982; that Harrison School is also currently
carried on the City's blanket fire insurance policy with an amount of
$331,261.00 of coverage; and T.A.P. has requested that the lease be amended
to delete the requirement that they provide fire insurance due to the new
$3,000.00 annual premium, as more fully set forth in a letter dated July
21, 1982, from the Executive Director of T.A.P.
Mr. Ewert recozanended that Council authorize the Mayor to execute an
amendment to the lease with T.A.P. for Harrison School dated February 10,
1981 deleting the requirement for the lessee to provide fire insurance for
the structure.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler offered the following emergency Ordinance:
(#26184) AN ORDINANCE authorizing and providing for an Amendment to
a Lease dated February 10, 1981, between the City of Roanoke and Total
Action Against Poverty in Roanoke Valley, Inc., relating to the Harrison
School, upon certain terms and conditions; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 341.)
Dr. Butler moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Trout, Bowles and
Vice-Mayor Musser ..................................................... 6.
NAYS: None ........................................................ O.
(Mayor Taylor was absent.)
DIRECTOR OF FINANCE:
CAPITAL IMPROVEMENTS PROGRAM: The Director of Finance submitted a
written report advising that on May 17, 1982, at the request of Councilman
Trout, Council requested him to submit a report and recommendation as to
the feasibility of setting up a Maintenance Trust Account; and an estimate
of when the authorized, but unissued $11 million in bonds could be sold;
whereupon, the Director of Finance submitted a written report in response
to the inquiries.
~CTION:
ACTION:
ACTION:
ACTION:
Following discussion of the report, Mr. Trout moved that the matter
of a proposed capital maintenance fund be referred to the City Manager and
the Director of Finance for recommendations in conjunction with the five
year capital improvement program for the City. The motion was seconded by
Mrs. Bowles and adopted.
REPORTS OF C~MITTEES:
INDUSTRIES-CONSULTANTS' REPORTS: Council member James O. Trout,
Chairman of the City's Economic Development Commission, submitted a written
report of the Commission recommending authorization to enter into a contract
with J. E. Sirrine Company for economic development site studies, for a
price not to exceed $16,500.00, and that funds be transferred therefor.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance appropriating
$16,500.00 for the contract:
(#26185) AN ORDINANCE to amend and reordain certain sections of the
1982-83 General and Capital Funds Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 342.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Trout, Bowles and
Vice-Mayor Musser ..................................................... 6.
NAYS: None ........................................................ 0.
(Mayor Taylor was absent.)
Mr. Harvey offered the following emergency Ordinance:
(#26186) AN ORDINANCE authorizing the City Manager to enter into an
agrecment with the J. E. Sirrine Company of Greenville, South Carolina, to
provide certain design consulting services relating to economic development
site studies in the City; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 342.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Trout, Bowles and
Vice-Mayor Musser ....................................................... 6.
NAYS: None ....................................................... O.
(Mayor Taylor was absent.)
PARKS AND PLAYGROUNDS: A report of the City Planmtng Commission
recommending that the park under construction on Church Avenue across the
street from Fire Engine Company No. 1 be named "Century Square", was
before Council.
(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:
(#26187) AN ORDINANCE providing the name for the City's park on
Church Avenue across from Fire Engine Company Number 1.
The motion was seconded by Mr. Trout and adopted by the following
vote:
ACTION:
ACTION:
AYES: Council members Butler, Garland, Harvey, Trout, Bowles and
Vice-Mayor Musser ................................................. 6.
NAYS: None ..................................................... O.
(Mayor Taylor was absent.)
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
SALE/PURCHASE OF PROPERTY-CITY PROPERTY-AIRPORT: Ordinance No. 26176
authorizing the lease of certain property owned by the City in the vicinity
of the airport to William C. Cranwell, for a one-year term, co~nencing
September 1, 1982, at an annual rate of $2,460.00 payable monthly in
advance at the rate of $205.00 per month, upon certain terms and conditions,
having previously been before the Council for its first reading on Monday,
July 26, 1982, read and adopted on its first reading and laid over, was
again before the body, Mr. Trout offering the following for its second
reading and final adoption:
(#26176) AN ORDINANCE authorizing the lease of certain property
owned by the City in the vicinity of the Airport, upon certain terms and
conditions.
(For full text of Ordinance, see Ordinance Book No. 47, page 338.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Trout, Bowles and
Vice-Mayor Musser ....................................................... 6.
NAYS: None ....................................................... O.
(Mayor Taylor was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
POST OFFICE: Mr. Harvey moved that the City Attorney be instructed
to prepare the proper measure supporting a post office facility to serve
the southwest Roanoke County area. The motion was seconded by Dr. Butler
and adopted.
OTHER HEARINGS OF CITIZENS:
TRAFFIC-COMPLAINTS-CITY MARKET: Mr. Edmund A. Damus, 1920 Deyerle
Road, S. W., appeared before Council and complained about parking tickets
being issued to shoppers in the City Market area. He advised that there
is not adequate space for shoppers to park in the market,area, and stated
that his wife received a parking ticket while shopping fer vegetables on
the market, and because of this incident, she has vowed that she will
never go back to the market to shop.
At 8:45 p.m., the Vice-Mayor declared the meeting recessed.
At 9:15 p.m., the meeting reconvened in the Council Chamber with all
members of the Council present, with the exception of Mayor Taylor, Vice-
Mayor Musser presiding.
HOUSING: The Vice-Mayor advised that there is a vacancy on the Fair
Housing Board created by the resignation of Ms. Josephine B. Thompson for
a term of three years ending March 31, 1985, and called for nominations to
fill the vacancy.
Mr. Trout placed in nomination the name of Ms. Veron E. Ho~land.
231
There being no further nominations, Ms. Holland was elected as a
member of the Fair Housin~ Board for a term of three years euding March
31, 1985, by the followin8 vote:
ACTION:
FOR MS. HOLLAND: Council members Butler, Garland, Harvey, Trout,
Bowles and Vice-Mayor Musser 6.
(Mayor Taylor was absent.)
AIRPORT: The Vice-Mayor advised that there is a vacancy on the
Airport Advisory Commission created by the resignation of Mr. Samuel H.
Stuart for a term of four years ending June 30, 1986, and called for
nominations to fill the vacancy.
Mr. Harvey placed in nomination the name of Mr. A. Byron Smith.
There being no further nominations, Mr. Smith was elected as a member
of the Airport Advisory Commission for a term of four years ending June
30, 1986, by the following vote:
ACTION:
FOR MR. SMITH: Council members Butler, Garland, Harvey, Trout,
Bowles and Vice-Mayor Musser ........................................... 6.
(Mayor Taylor was absent.)
HOUSING: The Vice-Mayor advised that the four year terms of Mrs.
Hallie B. Albergotti and Mr. S. Lewis Lionberger as Commissioners of the
City of Roanoke Redevelopment and Housing Authority will expire on August
31, 1982, and called for nominations to fill the vacancies.
Dr. Butler placed in nomination the names of Mrs. Hallie B. Albergotti
and Mr. S. Lewis Lionberger.
There being no further nominations, Mrs. Albergotti and Mr. Lionberger
were reelected as Commissioners of the City of Roanoke Redevelopment and
Housing Authority for terms of four years each, ending August 31, 1986, by
the following vote:
ACTION:
FOR MRS. ALBERGOTTI AND MR. LIONBERGER: Council members Butler,
Garland, Harvey, Trout, Bowles and Vice-Mayor Musser .................... 6.
(Mayor Taylor was absent.)
There being no further business, the Vice-Mayor declared the meeting
adjourned at 9:20 p.m.
APPROVED
ATTEST:
City Clerk
232
RF. GUIAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
August 23, 1982
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the Council
Chamber in the Municipal Building, City of Roanoke, on Monday, August 23, 1982, at 2:00
p.m., the regular meeting hour, with Mayor Noel C. Taylor presiding.
PRESENT: Council members Robert A. Garland, James G. Harvey, II, Howard E.
Musser, James O. Trout, Elizabeth T. Bowles, Wendell H. Butler and Mayor Noel C. Taylor-7.
ABSENT: None ............................................................. 0.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. W. Robert Herbert,
Assistant City Manager; Mr. Wilburn C. Dibling, Jr., City Attorney; Mr. William X
Parsons, Assistant City Attorney; Mr. Joel M. Schlanger, Director of Finance; and Ms.
Mary F. Parker, City Clerk.
The invocation was delivered by The Reverend Steven Spangler, Pastor, Grandin
Court Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Taylor.
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the City Council and will be enacted by one
motion in the forms listed on the agenda, and if discussion is desired, that
item will be removed from the Consent Agenda, and considered separately. He
noted that Council member Trout had requested an Executive Session to discuss
a matter relating to acquisition of real.estate. The Mayor also requested an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by Council.
MINUTES: Minutes of the regular meeting of Council held on Monday,
August 9, 1982, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
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.
Garland and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles, Butler,
and Mayor Taylor ..........................................................
NAYS: None .......................................................... O.
COUNCIL: A communication from Council member James O. Trout requesting
an Executive Session to discuss acquisition of real estate pursuant to Section
2.1-344 (a) (2), Code of Virginia (1950), as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
ACTION:
Mrs. Bowles moved that Council convene in Executive Session to discuss
acquisition of real estate pursuant to Section 2.1-344 (a) (2), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Garland and
adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles, Butler,
and Mayor Taylor ......................................................... 7.
NAYS: None ...................................................... O.
233
ACT ION:
ACTION:
ACTION:
ACTION:
HOUSING: A report of the City Manager requesting that a public hearing
be scheduled for September 13, 1982, at 7:30 p.m., or as soon thereafter as
the matter may be heard, for the purpose of hearing citizen input concerning
designation of Rehabilitation Districts in the neighborhoods of Morningside,
Fallon Park, Loudon Avenue and Melrose, 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 reco--~endation and that a
public hearing be scheduled for Monday, September 13, 1982, at 7:30 p.m., or
as soon thereafter as the matter may be heard in the Council Chamber. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council me~bers Garland, Harvey, Musser, Trout, Bowles, Butler
and Mayor Taylor ........................................................ 7.
NAYS: None .......................................................... 0.
AIR POLLUTION: The City Manager submitted a written report advising
that Council at its meeting on Monday, April 7, 1980, requested that the
Administration report on the status of the Air Pollution Control Advisory and
Appeal Board and more specifically whether it should be retained.
Mr. Ewert recommended'that Council support the continued existence of
the Air Pollution Control Advisory and Appeal Board, advising that the need
for an unbiased citizens committee to advise the Administration on air pollu-
tion control matters and hear appeals from Administrative decisions will be
met.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the recommendation. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles, Butler
and Mayor Taylor ......................................................... 7.
NAYS: None ........................................................... 0.
HOUSING: The qualification of Ms. Veron E. Holland as a member of the
Fair Housing Board for a term of three years ending March 31, 1985, was
before Council.
(See Oath 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. Garland and adopted by the following
vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles, Butler
and Mayor Taylor ........................................................ 7.
NAYS: None ........................................................ 0.
AIRPORT: The qualification of Mr. A. Byron Smith as a member of the
Airport Advisory Commission for a term of four years ending June 30, 1986,
was before Council.
(See Oath 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. Garland and adopted by the following
vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles, Butler
and Mayor Taylor ......................................................... 7.
NAYS: None ......................................................... O.
234
ACTION:
ACTION:
ACTION:
HOUSING: The qualification of Mrs. Hallie B. Albergotti and Mr. S.
Lewis Lionberger as me~bers of the City of Roanoke Redevelopment amd Housing
Authority for terms of four years each ending August 31, 1986, was before
Council.
(See Oaths 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. Garland and adopted by the following
vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles, Butler
and Mayor Taylor ...................................................... 7.
NAYS: None ........................................................ O.
COUNCIL: A communication from the Mayor requesting an Executive Session
to discuss personnel matters relating to vacancies on various authorities,
boards, commissions and committees appointed by Council pursuant to Section
2.1-344 (a) (1), Code of Virginia (1950), as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mrs. Bowles moved that Council convene in Executive Session to discuss
personnel matters relating to vacancies on various authorities, boards,
commissions and committees appointed by Council pursuant to Section 2.1-344
(a) (1), Code of Virginia (1950), as amended. The motion was seconded by Mr.
Garland and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles, Butler
and Mayor Taylor ......................................................... 7.
NAYS: None ......................................................... O.
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke City School Board
requesting appropriation of $7,007.00 for the special education program, said
funds to be totally reimbursed by federal funds; and $30,285.08 for the
Juvenile Detention Home Program, said funds to be totally reimbursed by state
funds, was before Council.
(For full text, see co-rmunication on file in the City Clerk's Office.)
In this connection, a report of the Director of Finance advising that
funding for Flow Through 82-83 grant and Juvenile Detention Home82-83 Grant
will be 100 per cent federal or state funded, and recommending that Council
concur in the request of the School Board, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#26188) AN ORDINANCE to amend and reordain certain sections of the
1982-83 Grant Programs Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 346.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was seconded
by Mr. Trout and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles, Butler
and Mayor Taylor ........................................................ 7.
NAYS: None ........................................................... 0.
235
ACTION:
REPORTS OF OFFICERS:
ClTY MANAGER;
BRIEFINGS:
BRIDGES: The City Manager submitted a written report advising that
Council at its meeting on June 28, 1982, authorized the award of an engineer-
ing agreement to Clean Water Engineers, Incorporated, to provide engineering
services for the investigation, recommendation, desig~ and construction
inspection to resolve a raw sewage discharge problem in the interceptor along
Lick Run in the vicinity of the Hunter Mmmorial Viaduct north approach of
Williamson Road, N. E.; that Clean Water Engineers, Incorporated, has completed
the investigation/evaluation phase of their contractual services and have
received authorization from the City Administration to proceed with design of
the selected resolution; that Norfolk and Western Railway has been contacted
and briefed on the impact of the proposed, project work on N & W operations
and properties; and license agreement for temporary construction activities
on railway properties is being prepared by Norfolk and Western personnel.
Mr. Ewert advised that the current situation is that Clean Water Engineers,
Incorporated, is scheduled to provide the City with construction plans and
specifications by September 1, 1982; that the City Administration has major
concerns for the reoccurring raw sewage discharge directly into the Lick Run
Channel and the continuing unknown factors of what is causing the existing
blockage of the 24" sewer line under Williamson Road between Wells Avenue N.
E., and the Hunter Memorial Viaduct.
The City Manager rec~endad authorization for procurement of contractural
services on an emergency basis by negotiation with a sewer construction firm
selected by the City Administration and the design engineers, Clean Water
Engineers, Inc., noting that engineering concerns for structural integrity of
the viaduct roadway could better be assure~ and sewer service to this drainage
shed could be better maintained, especially for the businesses and properties
in the area between the N & W tracks at the Viaduct a~d Orange Avenue, N. W.,
with less time for deterioration to occur to the existing interceptor.
Mr. Ewert recommended procurement of the contractual services on an
emergency basis as follows:
Clean Water Engineers, Inc., will provide the plans and specifications
to the City as soon as possible; that contractors who are felt to be qualified
will be asked to attend a prebid showing tQ receive copies of the contract
documents and to be briefed on the project; bids will be received within one
week of the showing and evaluated by the Office of City Engineer and Clean
Water Engineers, Inc., with an award recom~endation to be taken to the Bid
Committee; that award of a contract will be made administratively within two
w~rking days of receipt of the bids by a Bid Committee composed of Council
member Robert A. Garland, H. B. Ewert, Thomas F. Brady and Kit B. Kiser; and
a follow-up report will be made to Council at the next regular meeting as to
award actions taken, the contract costs for the work to be completed, and the
funding provisions.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that Council concur in the recommendation. The motion
was seconded by Mrs. Bowles and unanimously adopted.
ITEMS RECOMMENDED FOR ACTION;
PARKS AND PLAYGROUNDS: The City Manager submitted a written report
advising that buildings and structures inmany City parks are targets of
graffiti artists and the most serious graffiti problem is confined to the
Mill Mountain Park; that the City Attorney has prepared an Ordinance prohibiting
the possession of paint in City parks, except in specified circumstances and
violation of this Ordinance, if adopted by Council, will constitute a class
four misdemeanor, carrying up to $100.00 fine; that the Mill Mountain Development
Committee has expressed its desire and support for adoption of the Ordinance,
and recommending that Council adopt the proposed Ordinance.
(For full text, see report on file in the City Clerk's Office.)
236
ACTION:
ACTION:
ACTION:
Mrs. Bowles moved that the following Ordinance be placed upon its first
reading:
(#26189) AN ORDINANCE adding a new section, Section 24-102, Unlawful
possession of paint, to Article IV, Parks, of Chapter 24, Public Buildin~s
and Property~ Generally, Code of the City of Roanoke (1979), as amended,
making it unlawful to bring paint into any public park of the City, except
with the permission of or at the direction of the City Manager.
The motion was seconded by Mr. Garland.
Mr. M. Carl Andrews, Chairman of the Mill Mountain Development Committee,
appeared before Council in support of the proposed Ordinance, advising that
the Committee feels a $100.00 fine is too lenient; however, the City Attorney
advises that this is the maximum which can be imposed, under present state
law. He urged that Council request the City's representatives to the General
Asse~ly to support stronger legislation to discourage graffiti.
Dr. Butler suggested that signs be posted informing the public that it
is unlawful to deface public property.
Following comments by the members of Council in support of the Ordinance~
the following vote was recorded on Ordinance No. 26189 on first reading:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles, Butler
and Mayor Taylor ..................... r ................................... 7.
NAYS: None ....................................... a ............... O.
Mr. Trout moved that the Mayor be requested to forward a communication
to the City's representatives to the General Assembly seeking their support
for stronger legislation to discourage graffiti; and that the Mayor and the
City Manager also be requested to discuss the matter with their counterparts
at the 1982 Annual Meeting of the Virginia MUnicipal League in September in
an effort to encourage othe~ localities to seek stronger legislation through
their representatives to the General Assembly. The motion was seconded by
Mr. Garland and unanimously adopted.
GRANTS-DOWNTOWN ROANOKE-MARKET: The City Manager submitted a written
report advising that a twenty year lease contract for Fire Station No. 1 was
executed with Downtown Associates on July 31, 1980; that a 750 day option to
lease the City Market Building was executed with Downtown Associates on July
31, 1980; that Downtown Associates is a real estate partnership consisting of
Horace Fralin~ Elbert Waldron, Arnold Masinter, and Arthur Ziegler, the
latter through his corporation, Ober Park Associates, Inc.; that HUD awarded
a $350,000.00 Urban Development Action Grant to the City to provide partial
financing for the rehabilitation of the Market Building and Fire Station No.
1 at below market rate interest on August 18, 1981.
Mr. Ewert explained that the 750 day option to lease the Market Building
expires on August 20, 1982; that Dow~ntown Associates has requested an extension
to the option to lease the Market Building; and Downtown Associates is presently
negotiating with a quality restaurant chain for location in the City Market
Building and a decision is anticipated in late August or early September,
1982.
The City Manager recommended that Council grant the request for a 30
day extension of option to lease the City Market Building to Downtown Associates,
noting that timing is such that extension should be authorized prior to
August 20, 1982, or retroactive to August 20, 1982; U.D.A.G. terms would not
be affected; and performance would not be addressed at this time.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its first
reading:
(#26190) AN ORDINANCE providing for the extension of Downtown Associates'
option to lease the Market Building.
The motion was seconded by Mr. Garland and adopted by the following
vote:
ACTION:
ACTION:
AYES: Council members Garland, Husser, Trout, Bowles, Butler and Mayor
Taylor ............. -6.
NAYS: None ................................................... 0.
(Council member Harvey abstained from voting.)
PUBLIC ASSISTANCE-HEALTH DEPARTMENT: The City Manager submitted a
written report recommending authorization to execute State-Local Hospital
Agreements with participating hospitals and the local Health Department for
in-patient and out-patient care for medically indigent citizens of the City
of Roanoke.
(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:
(#26191) AN ORDINANCE authorizing the City Manager to execute State-
Local Hospitalization Plan Agreements with the State Department of Welfare
and certain hospitals and the City Health Department to provide for in-patient
and out-patient care and treatment for certain indigent citizens at certain
rates.
The motion was seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles, Butler
and Mayor Taylor ...................................................... 7.
NAYS: None- ........................................................ O.
APPALACHIAN POWER COMPANY-HOUSING: The City Manager submitted a written
report advising that Appalachian Power Company desires.the use of easements
in the area identified as Section 9, Gainsboro Co--unity Development Program,
to install service lines to the residents on Rutherford Court, N. W.; and
the easements the Company desires to use already exist as public utility
easements.
Mr. Ewert recommended that Council authorize the Mayor to execute an
easement document provided by Appalachian Power Company upon approval of the
document as to form by the City Attorney.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler moved that the following Ordinance be placed upon its first
reading:
(#26192) AN ORDINANCE providing for the grant to Appalachian Power Com-
pany of an easement for electrical facilities in Section 9, Gainsboro Community
Development Program.
The motion was seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles, Butler
and Mayor Taylor ...................................................... 7.
NAYS: None ......................................................... O.
BUDGET-PUBLIC ASSISTANCE: The City Manager submitted a written report
advising that the City of Roanoke Department of H,,m~n Resources, Social
Services, is permitted by Title XX Amendment to the Social Security Act to
provide Employment Services for certain handicapped citizens.through purchase
of services from sheltered workshops; that ~utback in federal funds through
Title XX for fiscal year 1981-82 caused the department to suspend purchase of
Employment Services from sheltered workshops from October, 1981 to March,
1982 at which time Employment Services were again purchased from ARC/CHD
Industries and Tinker Mountain Workshop; and cutback in federal funds through
Title XX for fiscal yP~ar 1982-83 left no funds for the purchase of Employment
Services.
ACTION:
ACTION:
Mr. Ewert explained that the Virginia General Assembly, at its 1982
Session, allocated state funds for purchase of Employment Services from
sheltered workshops through June 30, 1983, with $50,501.00 being the City's
share of that allocation, noting that the allocation is to be used as if it
were federal dollars, but certified expenditures by the workshops can be used
in lieu of cash match, that no administrative fees can be charged, and all
City expenditures will be 100 per cent reimbursed.
The City Manager recommended that $50,501.00 be appropriated to Title XX
Services Budget for fiscal year 1982-83.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#26193) AN ORDINANCE to amend and reordain certain sections of the
1982-83 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 346.)
Mr. Garland moved the adoption of the Ordinance. The motion was seconded
by Mr. Musser and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles, Butler
and Mayor Taylor ...................................................... 7.
NAYS: None ....................................................... O.
EQUIPMENT-POLICE DEPARTMENT: The City Manager submitted a written
report concurring in a report of the Bid Committee reco~ending the purchase
of two used 1982 compact vehicles from Magic City Motor Corporation, in the
total amount of $15,160.00, for use by the Police Department.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency Ordinance:
(#26194) AN ORDINANCE providing for the purchase of certain used vehicles
for use by the City, upon certain term~ and conditions, by accepting a bid
made to the City for furnishing and delivering such equipment; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No.47, page 346.)
Mr. Harvey moved the adoption of the Ordinance. The motion was seconded
by Mr. Trout and adopted by the follOWing vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles, Butler
and Mayor Taylor ........................................................ 7.
NAYS: None ....................................................... O.
CITY ATTORNEY:
PENSIONS-CITY EMPLOYEES-GRANTS: The City Attorney submitted a written
report advising that at the Council meeting of July 26, 1982, Council had
before it a report of the City Manager recommending that the ICMA Retirement
Corporation Deferred Compensati6n Plan be established for grant employees of
the City who are ineligible to participate in the Employees' Retirement
System; that the report recommended that such participation be made retroactive
to July 1, 1981, (the first day of grant year 1981-82); that Ordinance No.
26158 which was adopted on that date inadvertently failed to include the
retroactivity clause; and in order to correct the error, Mr. Dibling provided
the members of Council with an Ordinance which would amend Ordinance No.
26158 to provide that the provisions of such Ordinance shall be retroactive
to July 1, 1981.
(For full text, see report on file in the City Clerk's Office.)
239
ACTION:
ACTION:
Mrs. Bowles offered the following emergency Ordi~ance:
(~26195) AN ORDINANCE amending Ordinance No. 26158, adopted July 26,
1982, authorizing and providing for the participation of grant employees of
the City of Roanoke who are ineligible to participate in the Employeee'
Retirement System in the Deferred Compensation Plan of the International City
Management Associatiom Retirement Corporation, such amendment to provide that
Ordinamce No. 26158 shall be retroactive to July 1, 1981; and providing for
an emergency and effective date.
(For full text of Ozdinance, see Ordinance Book No. 47, page 347.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was seconded
by Mr. Trout and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles, Butler
and Mayor Taylor ......................................................... 7.
NAYS: None ........................................................ O.
UNITED STATES POST OFFICE: The City Attorney submitted a written report
advising that at the Council meeting on Monday, August 10, 1982, he was
requested to prepare a measure in support of the establishment of a branch
post office to serve residents in the southwest areas of the City and of
Roanoke County; whereupon, Mr. Harvey offered the following Resolution:
(#26196) A RESOLUTION urging the establishment of a branch post office.
(For full text of Resolution, see Resolution Book No. 47, page 347.)
Mx. Harvey moved the adoption of the Resolution. The motion was seconded
by Mr. Musser and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles, Butler
and Mayor Taylor- 7.
NAYS: None ..................................................... O.
DIRECTOR OF FINANCE:
CITY EMPLOYEES: The Director of Finance submitted a written report
advising that the City has established a number of employee payroll deduc-
tions which require that the Department of Finance withhold part of an
employee's salary or wages and pay such withheld monies to either a third
person or organization or for a program or benefit on behalf of the employee
requesting the deduction, and from time to time he receives requests to
establish additional payroll deductions.
Mr. Schlanger explained that at the present time the City has no policy
with respect to such deductions and recommended that a policy established for
several reasons: administration of the payroll deductions is time consuming
and costly and if additional deductions of any magnitude are granted, additional
personnel could be required and moreover, the number of slots available on
the City's payroll system is not unlimited.
The Director of F~nance advised that he has discussed the matter with
the City Manager and-the City Attorney and they are in agreement with a
policy that provides that payroll deductions will be available only where
required by federal or state law or regulation or where the withholding is
for a purpose, benefit, program or organization of general interest in which
all City employees are eligible to participate. He noted that the proposed
policy has no application to those payroll deductions which existed prior to
its adoption date.
(For full text, see report on file in the City Clerk's Office.)
240
ACTION:
ACTION:
Mr. Musser offered the following emergency Ordinance:
(#26197) AN ORDINANCE amending the Code of the City of Roanoke (1979),
as amended, by emacting new Section 2-188, Payroll deductions, to provide for
the circumstances under which payroll deductions shall be permitted on and
after August 23, 1982; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 348.)
Mr. Musser moved the adoption of the Ordinance. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles, Butler
and Mayor Taylor ............................... 7.
NAYS: None ...................................................... O.
BUDGET-HOUSING-PLANNING: The Director of Finance submitted a written
report advising that by agreement with the City of Roanoke, the Roanoke
Redevelopment and Housing Authority administers a significant segment of the
City's Com~aunity Development Block Grant Program; that the Housing Authority
receives program income during the course of its administration of various
projects by disposing of real estate and equipment, by renting properties,
and by receiving rehabilitation loan repayments from project area residents;
that the Housing Authority is required to transfer this program income to the
City of Roanoke, and the City of Roanoke is required to use the income for a
community development activity; and that the Housing Authority has made
payment to the City in the amount of $21,928.00.
Mr. Schlanger recommended that Council appropriate the total of $21,928.00
in program income received from the Housing Authority as follows:
$ 1,296.00
to account A35668100416, Unprogrammed C.D.B.G. -
Unsettlemento This amount is income from the
rental of property to tenants not subject to
payment to H.U.D. The total of $1,296.00 is to
be used for a community development activity, and
$20,632.00
to account A35668100415, Unprogrammed C.D.B.G. -
Rehabilitation Loans. This amount is income
from the repayment of rehabilitation loans by pro-
ject residents. The total of $20,632.00 is to
be used for a community development activity.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#26198) AN ORDINANCE to amend and reordain certain sections of the
1982-83 Grant Fund Appropriations and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 349.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Dr. Butler and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles, Butler
and Mayor Taylor ....................................................... 7.
NAYS: None ........................................................ 0.
HOUSING-BUDGET: The Director of Finance submitted a written report
advising that Council adopted Ordinance No. 25628 on June 22, 1981 to amend
and reordain certain sections of the 1981-82 Grant Programs Fund Appropriations,
that this provided for the appropriation of $50,000.00 in parking lot income
from the Roanoke Redevelopment and Housing Authority; that the City of Roanoke
has received $26,255.63 in excess parking lot income for the quarter ending
June 30, 1982, for a total of $69,677.89 in excess parking lot income for the
1982 fiscal year; that the City is required to use the.income for a community
development activity and these receipts were already programmed in the
C.D.B.G. report to Council.
ACTION:
ACTION:
ACTION:
ACTION:
241
Mr. Schlanger recommended that Council adopt an Ordinance which appropriates
the additional parking lot income and increases the revenue est/mate.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler offered the following e~ergency Ordinance:
(#26199) AN ORDINANCE to amend and reordain certain sections of the
1982-83 Grant Fund Appropriations and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 349.)
Dr. Butler moved the adoption of the Ordinance. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
· AYES: Council members Garland, Harvey, Musser, Trout, Bowles, Butler
and Mayor Taylor ......................................................... 7.
NAYS: None ......................................................... O.
AUDITS: The Director of Finance submitted the financial.report of the
City of Roanoke for the month of July, 1982.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion was
seconded by Mr. Garland and unanimoulsy adopted.
REPORTS OF COMMITTEES:
NURSING HOME: Council member Robert A. Garland, Chairman of the co~nittee
appointed by the Mayor to tabulate bids received for interior painting at the
Coyner Springs Nursing Home, submitted a written report of the committee
recommending that the low bid of B & B Faint Contractors, in the amount of
$19,500.00, be accepted.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#26200) AN ORDINANCE accepting the bid of B & B Faint Contractors,
Inc., for interior painting at. the Coyner Springs Nursing Home, upon certain
terms and conditions, and awarding a contract therefor; authorizing the
proper City officials to execute the requisite contract for ~uch w~rk; rejecting
all other bids made to the City for such work; and providing for an emergency,
(For full text of Ordinance, see Ordinance Book No. 47, page 350.)
Mr. Garland moved the adoption of the Ordinance. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles, Butler
and Mayor Taylor ........................................................ 7.
NAYS: None ......................................................... O.
SEWERS AND STORM DRAINS: Council member Robert A. Garland, Chairman of
the committee appointed by the Mayor to tabulate bids received for the King
Street - Route 460 sanitary sewer main extension, submitted a written report
of the co~ittee recommending rejection of the low bid of Ray Sink Plumbing
and Heating due to the absence of a valid bid bond, and award of a contract
to the second low bidder, S. C. Rossi & Company, Incorporated, in the amount
of $54,178.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#26201) AN ORDINANCE to amend and reordain certain sections of the 1982-
83 Capital Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 350.)
242
ACTION:
ACTION:
ACTION:
Mr. Garland moved the adoption of the Ordinance. The motion was secondnd
by Mr. Trout and adopted by the following v~te:
AYES: Council members Garland, Harvey, Husser, Trout, Bowles, Butler and
Mayor Taylor ........................................................ 7.
NAYS: None- ...................................................... O.
Mr. Garland offered the following emergency Ordinance:
(#26202) AN ORDINANCE accepting a bid and awarding a contract for the
construction of the King Street - Route 460 Sanitary Sewer Main Extension
project; authorizing the proper City officials to execute the requisite
contract; rejecting certain other bids made therefor; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 351.)
Mr. Garland moved the adoption of the Ordinance. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Garlands Harvey, Musser, Trout, Bowles, Butler
and Mayor Taylor .............................. 7.
NAYS: None ........................................................ O.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
ZONING: Ordinance No. 26177 rezoning certain tracts of land located on
Norfolk Avenue between First and Second Streets, S. W., adjacent to the Norfolk
and Western Railroad tracks, containing approximately .8 acre, more or less,
designated as Official Tax Nos. 1010305 - 1010311, inclusive, from LM, Light
Manufacturing District, to C-3, Central Business District, with H-i, Historic
District Designation; and certain adjacent tracts designated as Official Tax
Nos. 1010416 - 1010418, inclusive, from C-4, Central Business Expansion
District, to C-3, Central Business District, with H-I, Historic District
Designation, having previously been before the Council for its first reading
on Monday, August 9, 1982, read and adopted on its first reading and laid
over, was again before the body, Mr. Trout offering the following for its
second reading and final adoption:
(#26177) AN ORDINANCE to amend Sections 36-3 and 36-4, Code of the City
of Roanoke (1979), as amended, and Sheet No. lO1, Sectional 1976, Zone Map,
City of Roanoke, in relation to Zoning.
(For full text of Ordinance, see Ordinance Book No. 47, page 343.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles, Butler
and Mayor Taylor ....................................................... 7.
NAYS: None ....................................................... O.
STREETS AND ALLEYS: Ordinance No. 26178 providing for the permanent
vacating, discontinuing and closing of a 20 foot public utility easement and
alley running in a north-south direction from Crown Point Road to Hartsook
Boulevard, in the Garden City area of the City of Roanoke, having previously
been before the Council for its first reading, on Monday, August 9, 1982, read
and adopted on its first reading and laid over, was again before the body,
Mr. Trout offering the following for its second reading and final adoption:
(#26178) AN ORDINANCE permanently vacating, discontinuing and closing a
20 foot public utility easement and alley running in a north-south direction
from Crown Point Road to Hartsook Boulevard, in the Garden City area in the
City of Roanoke, Virginia, as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 47, page 344.)
243
ACTION:
ACTION:
ACTION:
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bo~les, Butler
and Mayor Taylor ....................................................
NAYS: None .................................................... 0.
SPECIAL PERMITS-PARKING GARAGE-(DOWNTOWN) CENTURY PROJECT: Ordinance
No. 26183 granting to the City of Roanoke a license for a footing encroachment
into Tazewell Avenue, in connection with the proposed Williamson Road Parking
Garage, having previously been before the Council for its first reading on
Moo~ay, August 9, 1982, read and adopted on its first reading and laid over,
was again before the body, Mr. Trout offering the following for its second
reading and final adoption:
(#26183) AN ORDINANCE granting to the City of Roanoke a license for a
footing encroachment into Tazewell Avenue, in connection with the proposed
Williamson Road Parking Garage.
(For full text of Ordinance, see Ordinance Book No. 47, page 345.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles, Butler
and Mayor Taylor .......................................................... 7.
NAYS: None ...................................................... 0.
PARKS-(DOWNTOWN) CENTURY PROJECT: Ordinance No. 26187 providing the
name of "Century Square" for the City's park on Church Avenue across from
Fire Engine Company Number 1, having previously been before the Council for
its first reading on Monday, August 9, 1982, read and adopted on its first
reading and laid over, was again before the body, Mr. Trout offering the
following for its second reading and final adoption:
(#26187) AN ORDINANCE providing the name for the City's park on Church
Avenue across from Fire Engine Company Number 1.
(For full text of Ordinance, see Ordinanc~ Book No. 47, page 34.5.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mr. Musser and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles, Butler
and Mayor Taylor .............................................. ~ ........ 7.
NAYS: None ........................................................ 0.
VIRGINIA MUNICIPAL LEAGUE: Mr. Trout offered the following Resolution
designating Mayor Noel C. Taylor as the Voting Delegate and Vice-Mayor Howard
E. Musser as the Alternate Voting Delegate for Session of the 1982 Annual
Meeting of the Virginia Municipal League and designating Mayor Noel C. Taylor
as the Voting Delegate, Vice-Mayor Howard E. Musser as the Alternate Voting
Delegate and City Manager H. B. Ewert as the Staff Assistant for meetings of
the Urban Section of the VML to be held in conjunction with the Annual Meeting
on September 19 - 22, 1982:
(#26203) A RESOLUTION designating a Voting Delegate and Alternate
Voting Delegate for the Business Session of the 1982 Annual Meeting of the
Virginia Municipal League and a Voting Delegate, Alternate Voting Delegate
and Staff Assistant for meetings of the Urban Section.
(For full text of Resolution, see Resolution Book No. 47, page 351.)
Mr. Trout moved the adoption of the Resolution. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Garland, Harvey, Trout, Bowles, and Butler ....... 5.
NAYS: None ............................................................ 0.
(Mayor Taylor and Vice-Mayor Musser abstained from voting.)
244
ACTION:
ATTEST:
CELEBRATIONS-ACTS OF ACKNOWLED~4ENT: Mr. Trout offered the following
Resolution expressing the appreciation of Council to Downtown Roanoke, Inc.,
for its centennial gift of a first-off caricature print of the City, framed
and hand-signed by artist Eric Fitzpatrick:
(#26204) A RESOLUTION expressing the appreciation of Council to Downtown
Roanoke, Inc., for its Centennial gift to the City of Roanoke.
(For full text of Resolution, see Resolution Book No. 47, page 352.)
Mr. Trout moved the adoption of the Resolution. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Garland, Harvey~ Musser, Trout, Bowles, Butler
and Mayor Taylor ...................................................... 7.
NAYS: None ....................................................... 0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: NONE.
OTHER HEA~INGS OF CITIZENS:
COMPLAINTS-POLICE DEPARTMENT: Mr. Richard W. Crush, 2532 Berkley Avenue,
S. W., appeared before Council in regard to crime, law enforcement and priorites.
He advised that for the last seven years he has parked on the same side of the
street in front of his residence irregardless of which direction in which he
is traveling, the main reason being that if he parks on the left side, he can
get his car completely off the pavement. He stated that he received a warning
that he would be cited for a parking violation if he does not park properly,
adding that this is the law and he has no complaints.
Mr. Crush said that recently Council adopted an Ordinance making it illegal
to have alcoholic beverages in City parks, but if the Ordinance is enforced
properly and everyone is treated the same, police officers will have to police
the parks and go into family picnics to see if there are alcoholic beverages
on the premises.
Mr. Crush stated that last s,rmmer, in the block where he lives, three lawn
mowers were stolen, and last week a ten speed bicycle was stolen. He questioned
where the priorities are in law enforcement and said it gives "food for thought"
when so many articles are being stolen and petty offenses are being enforced.
At 2:50 p.m., the Mayor declared the meeting recessed.
At 3:50 p.m., the meeting reconvened in the Council Chamber, with all mem-
bers of the Council present, Mayor Taylor presiding.
There being no further business, the Mayor declared the meeting adjourned
at 3:50 p.m.
APPROVED
City Clerk
245
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
September 7, 1982
2:00 p,m.
The Council of the City of Roanoke met in regular meeting in the Council
Chamber in the Municipal Building, City of Roanoke, on Tuesday, September 7, 1982,
at 2:00 p.m., the regular meeting hour, with Mayor Noel C. Taylor presiding.
PRESENT: Council members James G. Harvey, II, Howard E. Mueser, James O.
Trout, Elizabeth T. Bowles, Wendell H. Butler, Robert A. Garland and Mayor Noel C.
Taylor ........................................................................... 7.
ABSENT: None .............................................. T ........... O.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. Wilburn C. Dibling,
Jr., City Attorney; Mr. William X Parsons,' Assistant City Attorney; Mr. Joel M.
Schlanger, Director of Finance; and Ms. Mary F. Parker, City Clerk.
The invocation was delivered by the Reverend Nicholas G. Bacalis, Pastor,
Holy Trinity Greek Orthodox Church.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Noel C. Taylor.
BID OPENINGS:
ACTION:
ACTION:
WATER DEPARTMENT: Pursuant to notice of advertisement for bids for
the installation of gunite on-the walls of the Crystal Spring Reservoir
and for certain other work at the Reservoir, said proposals to be received
by the City Clerk until 1:30 p.m., on Tuesday, September 7, 1982, and to
be held, opened and read before the Council at 2:00 p.m., on that date,
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:
National Pools of Roanoke, Inc.
General Gunite & Construction Co.,
Pressure Concrete Construction Co.
$ 43,850.00
76,340.00
79,936.00
Dr. Butler moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to Coun-
cil. The motion was seconded by Mr. Harvey and unanimously adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman, Kit B. Kiser
and Thomas F. Brady as members of the committee.
PUBLIC HEARINGS:
INDUSTRIES-PLANNING-SALE/PURCHASE OF PROPERTY: The City Clerk having
advertised a public hearing to receive citizen comments on a proposal to
adjust the City's schedule of expenditures for the Deanwood Project for
the 7th and 8th years of its Community Development Block Grant Program in
order to provide for partial funding for the Roanoke Center for Industry
and Technology, for Tuesday, September 7, 1982, at 2:00 p.m., or as soon
thereafter as the subject may be heard, the matter was before the body.
Mr, James O. Trout, Chairman of the City's Economic Development
Commission, presented a written report of the Commission advising that
the Economic Development Commission was established by Mayor Taylor in
ACTION:
ACTION:
July 1982; that the No, 1 goal of the Commission, as outl/ned by the
Mayor, was recommending to City Council actions that must be taken in
order to guarantee that the City has prepared sites for new and expanding
industry; that $710,000.00 in the fiscal year 1982-83 CDBG Fund was
appropriated by Council for the purchase of land for industrial purposes;
that $536,478.43 in CDBG Fund was appropriated by Council to purchase and
make site improvements in the Deanwood Area; and J. E. Sirrlne Company was
authorized by Council on August 9, 1982, to evaluate and make recomm-nda-
tions on the best available industrial sites.
Mr, Trout advised that the J. E. Sirrine Company has reco~ended the
purchase of approximately 142 acres of land off Route 460 for the develop-
ment of an Industrial Park; that the Economic Development Commission at
its August 26, 1982, meeting unanimously endorsed Sirrine's recommendation
for the purchase of approximately 142 acres; that three parcels of land
that make up the approx~mntely 142 acres are under option as follows:
70.64 acres from Lynn Brae Farms, Inc., and Billy H. Branch for
$6,000.00 per acre.
40.07 acres from Colonial American for $7,250.00 per acre.
will go to $8,000.00 per acre if site is sold for more than
$7,250.00 minus development costs.
Cost
30 acres from Roger Dalsheimer for $8,000.00 per acre.
Total Price = $954,348.00
On behalf of the Commission, Mr, Trout recommended that Council
transfer $300,000.00 in CDBG funds appropriated for the Deanwood Area to
an account to be determined by the Director of Finance for the purchase of
Industrial Land following the established public hearing; and authorize
the Mayor to accept the assignment of the three options, to exercise the
options upon their assignment, and to consummate the purchase of the three
option properties.
(For full text, see report on file in the City Clerk's Office.)
No one wishing to address Council with regard to the matter, Mr.
Trout offered the following emergency Ordinance:
(#26205) AN ORDINANCE to amend and reordain certain sections of the
1982-83 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 354.)
Mr. Trout moved the adoption of the Ordinance. The motion was second-
ed by Mr. Musser and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowles, Butler, Garland
and Mayor Taylor .......................................................... 7.
NAYS: None .......................................................... O.
Dr. Wendell H. Butler, liaison Council member to. the City of Roanoke
Redevelopment and Housing Authority, advised that the Housing Authority
does not object to the transfer of funds from the Deanwood Project for this
purpose, but the Authority would like for the $300,000.00 to be returned
by July 1, 1983, in order that they may proceed with development of the
Deanwood property.
Mr. Trout offered the following emergency Ordinance:
(#26206) AN ORDINANCE providing for assignment of certain option
agreements to the City, exercise of such options by the City and consum-
mation of transfer of the fee simple title to the real property to which
such options apply to the City; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 355.)
247
ACTION:
ACTION:
ACTION:
Mr. Trout moved the adoption of the Ordinance. The motion was second-
ed by Mr. Harvey and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowles, Butler, Garland
and Mayor Taylor ...................................................... 7.
NAYS: None ........................................................ 0.
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda are
considered to be routine by the City Council and will be enacted by one
motion in the forms listed on the Consent Agenda, and if discussion is
desired that item will be removed from the Consent Agenda and considered
separately. He noted that there was one request included on the Consent
Agenda for an Executive Session to discuss personnel matters with regard
to vacancies on various authorities, boards, commissions and committees
appointed by Council.
MINUTES: Minutes of the regular meeting of Council held on Monday,
August 23, 1982, were before the body.
(For full text, see minutes on file in the City Clerk!s Office.)
Mr. Trout moved that Council dispense with the reading of the minutes
and that the minutes be approved as recorded. The motion was seconded by
Mr. Garland and adopted by the following vote:
AYES: Council members Harvey,. Musser, Trout, Bowles, Butler, Garland
and Mayor Taylor ......................................................... 7.
NAYS: None ....................................................... ---0.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
ExecutiveSession to discuss personnel matters relating to.vacancies on var-
ious authorities, boards, commissions and committees appointed by Council
pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950), as amended,
was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council convene in Executive Session to discuss
personnel matters pursuant to'Section 2.1-344 (a) (1), Code of Virginia
(1950), as amended. The motion was seconded by Mr. Garland and adopted by
the following vote:
AYES: Council members Harvey, Musser, Trout, Bowles, Butler, Garland
and Mayor Taylor .......................................................... 7.
NAYS: None .......................................................... O.
RADIO-TELEVISION: A communication from Mr. E. K. Mattern, Executive
Vice President, Roanoke Valley Cablevision, Inc., reporting on activities
for the second quarter 1982, and the results since inception of cablevision
service in the Roanoke Valley, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that the communication be received and filed. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowles, Butler, Garland
and Mayor Taylor ....................................................... 7.
NAYS None ........................................................... 0.
ACTION:
ACTION:
PENDING ITEMS: A list of items pending from February 7, 1977, through
August 9, 1982, was before Council.
(For full text, see list on file in the City Clerk's Office.)
Mr. Trout moved that the pending list be received and filed. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowles, Butler, Garland
and Mayor Taylor ........................................................ 7.
NAYS: None .......................................................... 0.
PERSONNEL: The q~alification of Mr. John R. Larew as a member of the
Personnel and Employment Practices Commission for a term of three years
ending June 30, 1985, was before Council.
(See Oath of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Garland and adopted by the following
vote:
AYES: Council members Harvey, Musser, Trout, Bowles, Butler, Garland
and Mayor Taylor .......................................................... 7.
NAYS: None .......................................................... O.
HEARING OF CITIZENS UPON PUBLIC MATTERS:
WAR MEMORIAL: Mr. Jack B. Coulter, Chairman of the War Memorial
Co~nittee, appeared before Council and presented a written report advising
of a surplus of funds of approximately $14,575.56, with an additional poten-
tial of $2,753.83 if their pending claim for postage refund is ultimately
granted by the U. S. Postal Service, and there is also a potential of about
$650.00 that might be due the Hlghty-Tighties for their appearance at the
Memorial Dedication.
Judge Coulter advised that the Committee proposes, with the concurrence
of the Roanoke Valley Veteran's Council, to turn over $5,000.00 of its sur-
plus to the Veteran's Council to use for such purposes as they~might determine,
and to submit the balance of approximately $9,575.56 (to be supplemented by
the $2,753.83 refund from the postal authorities if that should materialize
and reduced by any unpaid bills such as that which might be due to the Highty-
Tlghties) to the Council of the City of Roanoke to be held and invested in a
Roanoke Valley War Memorial Special Account.
It was further proposed .that Council appoint a permanent War Memorial
Committee to be composed of the Mayor or a member of City Council, the City
Manager or his designee, at least one representative from the Roanoke Valley
Veteran's Council, and two or three citizens at large, to supervise and
direct expenditures from this Special Account from time to time as circums-
tances might require. Judge Coulter pointed out that it is the thought of
the committee that this fund would not be used for normal maintenance, clean-
ing and upkeep, or for flowers or shrubbery, that would otherwise be provided,
but only for improvements or additions to the Memorial, replacement of flags
and lights, unexpected repairs or replacements that might be required, unusual
beautification projects, expenses associated with War Memorial programs or
for any other related uses that the Committee might authorize.
(For full text, see communication on file in the City Clerk's Office.)
Judge Coulter called attention to a bill received from the Highty-
Tighties, in the amount of $652.00. and advised that the surplus should now
be reduced to $13,923.56. With reference to the capsule summary of financial
activities, he advised that the figure of $4,872.26 under Dedication should
be increased by $652.00.
Z49
ACTION:
ACTION:
On behalf of the City of Roanoke, Hayor Taylor expressed appreciation to
the War Memorial Comittee for the untold o-mher of hours they devoted to the
successful completion of the War Memorial as a lasting token of love and
appreciation to those who made the supreme sacrifice so that we may enjoy the
pursuit of life, liberty and freedom.
Mx. Trout offered the following Resolution:
(#26207) A RESOLUTION creating a Roanoke Valley War Memorial Special
Account.
(For full text of Resolution, see Resolution Book No. 47, page 355.)
Mr. Trout moved the adoption of the Resolution. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowles, Butler, Garland
and Mayor Taylor ......................................................... 7.
NAYS: None ......................................................... 0.
Miss Dorothy L. Gibboney presented a check in the amount of $5,000.00 to
Mr. Thomas Plymale representing the Roanoke Valley Veteran's Council.
Miss Gibboney also presented a check in the amount of $8,923.56 to the
Mayor to be deposited in the Special Roanoke Valley War Memorial Account.
Scrapbooks were presented to Ms. Carol Tuckwiller representing the
Roanoke City Public Library by members of the War Memorial Co~ittee.
ROANOKE VALLEY COUNCIL OF COMMUNITY SERVICES: Mr. John J. Butler,
President of the Roanoke Valley Council. of Community Services, Incorporated,
appeared before Council a~d presented a Community Long-Range Planning Report
for the Roanoke Valley.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that the report be received and filed with appreciation.
The motion was seconded by Mrs. Bowles and unanimously adopted.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
HOUSING: The City Manager submitted a written report in regard to the
critical home repair program, advising that housing rehabilitation programs
which have been implemented in Roanoke have required total rehabilitation of
each structure; that total rehabilitation has been ~xpensive, in some cases
exceeding $30,000.00; and cost of total rehabilitation and lien against
property by a rehab loan have been major factors discouraging many homeowners
from applying for loans to improve their homes.
Mr. Ewert advised that neighborhood organizations have suggested that a
program be provided to help homeowners repair only defects in their houses
that may cause the houses to be uninhabitable; that the Critical Home Repair
Program has been developed by the Roanoke Redevelopment and Housing Authority
in cooperation with the City and Neighborhood Organizations; that major
features of the proposed Program include grant of up to $6,000.00 per house,
only deficiencies of a critical nature threatening the habitability of the
house may be repaired with the grant funds, additional cosmetic, home mainten-
ance repairs must be performed by the homeowner in order to qualify for the
grant, eligibility is limited to persons of low income, eligible areas are
all conservation areas as priority one areas and proposed rehabilitation
districts as priority two areas, and if all funds have not been used in the
Conservation Areas within four months, the program will be extended to Rehab-
ilitation Districts.
ACTION:
ACTION:
It was noted that the Community Development Block Grant budget for this
year includes $360,000.00 for this program, providing for at least sixty
grants for critical repairs; and approval of the Critical Home Repair Program
will be asked of City Council on September 13, 1982.
Mr. Garland moved that the report be received and filed. The motion was
seconded by Dr. Butler and unanimously adopted.
ITEMS RECOM/~ENDED FOR ACTION:
COUNCIL: The City Manager submitted a written report with regard to
holding regularly scheduled meetings of Council'in the four neighborhood
quadrants of the City, advising that adequate facilities are available in
each quadrant providing sufficient seating capacity,- parking and access for
handicapped persons; that a tentative schedule for quarterly quadrant meet-
ings is set out as follows:
Northwest
June 21, 1982
Sweet Union Baptist Church
(Meeting Held)
Northeast October 4, 1982
Monterey Gymnatorium
Southeast
December 6, 1982
Fallon Park Gymnatorium or
(Jackson Auditorium)
Southwest
February 7, 1983
Patrick Henry Auditorium or
(Woodrum Wilson
Auditorium)
Northwest
May 2, 1983
William Fleming Auditorium
It was noted that subsequent to Council's action, notice confirming dates
and locations should be transmitted to the School Administration by the City
Clerk to ensure availability; and City Code Rule 1 provides that the first
and fourth regular monthly meetings of Council be held at 2 p.m., in the
Council Chamber and the second regular monthly meeting of Council be held at
7:30 p.m., in the Council Chamber and a measure will be required to designate
a new time, date and location of City Council meetings.
(For full text, see report on file in the City Clerk's Office.)
The Mayor advised that due to another comitment, he will be unable to
participate in the meeting scheduled for October 4, 1982; whereupon, Mr.
Harvey moved that Council concur in the dates and locations suggested by the
City Manager with the exception of October 4, 1982, and that the meeting be
held instead on November 1, 1982, at the Monterey Gymnatorium; that the City
Clerk be instructed to advertise the meetings in a newspaper of general
circulation in the City at least one week prior thereto; and that the City
Attorney be instructed the prepare the proper measure providing that the
neighborhood meetings will be held on said dates at 7:30 p.m. The motion was
seconded by Mr. Musser and unanimously adopted.
Mr. Harvey clarified his motion to provide that the Council will decide
following the May 2, 1983, meeting if the meetings will continue on a regular
yearly basis.
SEWERS AND STORM DRAINS-PLANNING: The City Manager submitted a written
report advising that Botetourt County is party to a 1972 sewage treatment
contract with the City which provides for the City to treat sewage originating
in the natural drainage of Tinker and Glade Creeks in Botetourt County; that
all approved sewage treatment regional plans provide for the ultimate exten-
sion of sanitary sewer lines from Roanoke City through Roanoke County into
Botetourt County along Tinker and Glade Creeks; that the City's rated 7,000
gallon per day Sewage Treatment Plant at Coyner Springs which serves the
Nursing Home and Juvenile Detention Home is on the Glade Creek watershed in
Botetourt County; that Botetourt County contributed to the construction of
the Glade Creek Interceptor constructed last year from Tinker Creek upstream
251
ACTION:
along Glade Creek to the City's eastern corporate line; and support for a
grant application has been requested by Botetourt County per a communication
dated August 26, 1982 for a Community Development Block Grant to fund the
construction of a sewer line along Glade C~reek from the Roanoke City corporate
line through Roanoke County into Botetourt County to permit service to the
City's Coyner Springs facilities.
Mr. Ewert recommended that Council adopt a measure supporting Botetourt
County's application for a Community Development Block Grant to fund the
extension of the Glade Creek sewer into Botetourt County as this extension is
in keeping with all recently approved regional sewage treatment plans and the
1972 sewage treatment contract between Botetourt County and the City of
Roanoke.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(#26208) A RESOLUTION supporting the application of Botetourt County
for a Community Development Block Grant to fund the extension of the Glade
Creek Sewer into Botetourt County.
(For full text of Resolution, see Resolution Book No. 47, page 356.)
Mrs. Bowles moved the adoption of the Resolution. The motion was second-
ed by Mr. Garland and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowles, Butler, Garland
and Mayor Taylor .......................................................... 7.
NAYS: None ......................................................... 0.
STATE HIGHWAYS-PARKS AND PLAYGROUNDS: The City Manager submitted a
written report advising that the voters approved the acquisition of the
property on Williamson Road and Wells Avenue, N. E., in the 1979 Bond Issue
Referendum; that the park is located between two interstate ramps which
connect Interstate 581 with Williamson Road and Wells Avenue, N. E., and the
interstate right of way in that location was protected when it was acquired
by a fence and non-access easements from the adjoining private property.
Mr. Ewert advised that the limited access fence serves no particular
purpose as it is unattached at either end and is not located so as to prevent
access to the interstate and it stands as a minor technical hinderance to the
effective use of the land as a park; that the Engineering Department has made
application to the Virginia Department of Highways and Transportation on May
27, 1982, to relocate the section of the fence which separates the park from
Williamson Road and the application also includes a request to utilize a
small portion of right of way south of the two interstate ramps as a part of
the park development; that the Virginia Department of Highways and Transporta-
tion has requested certain assurances from the City to assume a level of
liability over that small portion of their property, as long as the City is
using it, which is standard in other City park areas.
The City Manager recommended that Council authorize him to execute and
accept an agreement and other necessary related documents, on such form as is
approved by the City Attorney, with the Virginia Department of Highways and
Transportation indemnifying them from loss, damages, etc., that might result
from the City's use of a portion of the highways right of way in conjunction
with Entranceway Park and reestablish pedestrian access to Williamson Road.
(For full text, see report on file in the City Clerk's Office.)
ACTION: Mrs. Bowles offered the following emergency Ordinance:
ACTION:
ACTION:
(d26209) AN ORDINANCE authorizing the appropriate City officials to
execute an indemnity agreement amd other ancillary instruments with the
Virginia Department of Highways and Transportation in connection with Entrance-
way Park; and providimg for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 357.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was second-
ed by Mr. Garland and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowles, Butler, Garland
and Mayor Taylor ........................................................ 7.
NAYS: None .......................................................... 0.
AIRPORT: The City Manager submitted a written report advising that the
Federal Aviation Administration operates and maintains a iocalizer antenna
structure 640 feet outbound from the end of Runway 15-33 on center line and
on Airport property under License No. DOT-FA-73EA-7023; that the lease in-
cludes the glide-slope antenna which was relocated and is now cOVered under
separate lease agreement; and a new agreement for the localizer is now re-
quired because a supplement to the existing license, which was to expire
September 30, 1986, cannot be administratively executed by the FAA due to a
new numbering system.
Mr. Ewert recommended that Council authorize the appropriate City
officials to execute Lease No. DTFAO5-82-L-60520, noting that the legal
aspect of the localizer antenna structure on airport property would be
satisfied, and the instrument landing system for Runway 15-33 would have a
separate lease agreement for the localizer antenna structure as requested by
the FAA.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that the following Ordinance be placed upon it~ first
reading:
(#26210) AN ORDINANCE providing for the City's lease to the United
States of America of real estate at Roanoke Municipal Airport, Woodrum Field,
for a localizer antenna structure.
(For full text of Ordinance, see Ordinance Book No. 47, page 358.)
The motion was seconded by Mr. Musser and adopted by the followingvote:
AYES: Council members Harvey, Musser, Trout, Bowles, Butler, Garland
and Mayor Taylor ........................................................ 7.
NAYS: None .............. ---0.
DIRECTOR OF FINANCE:
SEWERS AND STORM DRAINS: The Director of Finance submitted a written
report with regard to an analysis of the sewage treatment fe~ increase.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that the report be received and filed. The motion was
seconded by Mr. Garland and unanimously adopted.
REPORTS OF COMMITTEES:
COURTHOUSE: Council member Robert A. Garland, Chairman of the committee
appointed by the Mayor to tabulate bids received for furnishing of the new
City Courthouse, submitted a written report of the committee advising that
specifications for the furnishings allowed the City to reduce the quantities
of the lump sum bid by as much as fifty per cent if so desired; that the low
bidder, Harris Office Furniture, included in its bid certain substitutions
253
that vere not acceptable, but the majority of the items vere satisfactory;
that the best interest of the City would.be to accept the bid of Harris
Office Furniture for those desired items and then rebid the r~m~ining items
required (Attachment No. 2 indicates those items to be removed from the
purchase); that reuse of numerous existin~ tables and chairs was anticipated
in the specifications for furnishings and the Bid Committee also determined
that 3~ existing desks can be refinished and reused in the Courthouse for
additional savings, without adversely effecting the appearance of the Court-
house interior; that additional items along with the furnishings are required
to make the new Courthouse complete for occupancy and many of these items
have been anticipated s/rice the initial budget was established and other
items have arisen during the time since that budget was developed (Attachment
No. 3 lists these items and shows the estimated costs except for the amount
of the Harris Office Furniture bid which is fi~m); that funding for the
completion of the Courthouse project is sho~n on Attachment No. 4 and this
attachment sho~s that even with the provision for unanticipated items, only
$56,303.08 is required above the original budget.
On behalf of the co~ittee, Mr. Garland recommended that Council approve
the funding and budget contained in Attachments Nos. 3 and 4 including the
transfer of $56,303.08 from undesignated Capital Fund Balance to the Court-
house Capital Account; authorize the award of a furnishing contract, in a
form acceptable to the City Attorney, to Harris Office Furniture Company,
Incorporated, in the amount of $362,244.92, which is the lump sum bid minus
the items in quantity and price as described in Attachment No. 2; reject the
other bids received; authorize the Bid Co~ittee to seek bids on the remain-
ing furniture items not purchased from Harris Office Furniture Company,
Incorporated, to receive those bids and to report to Council its recommendations.
(For full text, see report on file in the City Clerk's Office.)
Mr. John D.. Eure, Attorney, representing King Business Interiors, Incorp-
orated, appeared before Council and advised that when the bids were opened
for the Courthouse facility'furnishings, his client was the second low bidder
and the top three bids were within one or two per cent of each other and the
bottom bid was some eleven per cent below the top three. He said the specific-
ations specified brands for all of the various items and the bidding was on a
brand named or product of equal quality, that the bid of his client responded
totally in terms of named brand items and when his client found out about the
apparent iow bid, it was their opinion that no equivalent bid could be submit-
ted for the amount that figured in the apparemt low bid.
Mr. Eure said that when his client developed concerns about the apparent
low bid, he was informed that the proper thing to do was to wzite a letter to
Mr. Thomas F. Brady, Director of Public Works, expressing their concerns and
offering to meet with the committee, that such a letter was sent to Mr. Brady
on July 22, 1982, and nothing was heard from the Committee until this date
when King Business Interiors received a copy of the report presently before
the Council. He said the report recommends that a substantial portion of the
apparent low bid be accepted and that another fairly substantial portion be
rejected and that those items be sent out for rebidding. He alluded to a B
grade of furniture being accepted by the City versus an A grade w~ich was
specified in the specifications. Mr. Eure said that his client has not had
a chance to look at the entire documentation for the responsive bid but in
this one area where there have been items that are recommended to be let out
for rebid, those items account for approximately $50,000.00 of the total
$66,000.00 difference between the apparent Iow bid and the bid of King Busi-
ness Interiors which leaves about $16,000.00 that still separates the bids.
Mr. Eure said the concerns of his clients are that the City asked for A
quality by asking for certain named brands or equivalent thereto and if the
City really wants A quality, and his clients suspect that even the remaining
portions of the bid items are not entirely A quality, his clients would like
an opportunity to review the low bid documents in detail and if it turns out
that in the ~ubstituted items in the low bid are of A quality, within their
understanding of the industry, his clients will assume they have been outbid.
254
ACTION:
Secondly, he said that King Business Interiors believes that the City asked
for A quality ~aterial in the bid and they responded in good faith using the
brands that were suggested and responded with an A quality bid, however, for
what may be good and sufficient reasons, the City has decided that B quality
is fine, but his clients feel that if those are the terms upon which the City
is going to purchase, it is only fair that all bidders be given a chance to
hid on B quality. He concluded by advising that his client would like to
submit a whole bid that responds to the quality level the City has determined
that it wants.
The City Attorney was questioned as to whether or not he sees any legal
problems in the process followed by the committee; whereupon, he advised that
the State Code provides that brand names when they are stated in specifications
are deemed to be models or standards of quality and any bidder always has a
right to submit what that bidder deems to be equivalent, that case law is also
well established that once a bidder submits an item which he deems to be an
equivalent, that there is wide discretion in the governing body in determining
whether that item which is bid is indeed the equivalent, and in this case
Mr. Brady and the City's staff have reviewed the matter, along with the
architect, and they are advising Council that the items that have been bid
are the equivalent of the brand names which were named in the specifications;
and he has no legal problem with that or with any of the other issues raised.
Mr. Thomas F. Brady, Director of Public Works, appeared before Council
and advised that furniture is subjective and one has to have a neutral party
to determine what is acceptable and what is not. He said the brand names are
based upon quality, and the architect, Hayes, Seay, Mattern and Mattern and
their interior designers, went above the call of duty and specified three
brands as a guide as to what could be used for each one the "or equal" still
applies. He said he received the letter from K/rig Business Interiors and
referred it to the architect for review, that there were several items by one
manufacturer that were not deemed to be satisfactory and they are the items
not recommended to be awarded to Harris Office Furniture.
Mr. Tom Lovelace representing King Business Interiors, Incorporated, appear-
ed before Council and questioned how many of the bidders submitted complete
bids on items that were specified, advising that his company was the only one
who submitted such a bid.
Mr. John A. Marfleet, representing Hayes, Seay, Mattern and Mattern,
appeared before Council and advised that this is a subjective matter, that
chairs are not perceived the same as desks in their view, that the chairs bid
by King Business Interiors were perfectly acceptable and the desks referred
to by Mr. Lovelace and Mr. Eure were not that unacceptable, however, some
of the finishings and toppings were not in accordance with the specifications,
that some 25 per cent of the low bid was rejected for reasons of appearance,
finishings and design, etc. He said that building supplies are specified in
much finer detail than furnishings, that there are so many different ways to
make furniture and the specifications for these different items of furnishings
are largely based upon equivalent quality. He stated that Hayes, Seay,
Mattern and Mattern has no problem with the acceptance of the bulk of the iow
bid and rejection of 25 per cent of the low bid.
Mr. Garland offered the following emergency Ordinance transferring
$56,304.00 from Fund Balance Unappropriated to General Government Courts
Facility of the 1982-83 budget:
(#26211) AN ORDINANCE to amend and reordain certain sections of the
1982-83 Capital Fund Appropriation, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 357.)
Mr. Garland moved the adoption of the Ordinance. The motion was second-
ed by Mr. Harvey and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowies, Butler, Garland
and Mayor Taylor ........................................................ 7.
NAYS: None .......................................................... O.
ACTION:
ACTION:
ACTION:
255
Mr. Garland offered the following emergency Ordinance awarding a contract
Harris Office FurnitureCompany, Incorporated:
(#26212) AN ORDINANCE awarding a cofltract for the furnishing of the new
City Courthouse; rejecting other bids received for said furnishings; authoriz-
ing the Bid Committee to seek further bids on additional Courthouse furnishings;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 35g.)
Mr. Garland moved the adoption of the Ordinance. The motion was second-
ed by Mr. Harvey and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowles, Butler, Garland
and Mayor Taylor ........................................................ 7.
NAYS: None ......................................................... 0.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
PARKS AND PLAYGROUNDS: .. Ordinance No. 26189 adding a new section to the
Roanoke City Code making it unlawful to bring paint into any public park of
the City, except with the permission of or at the direction of the City
Manager, having previously been before the Council for its first reading on
Monday, August 23, 1982, read and adopted on its first reading and laid over,
was again before the body, Mr. Trout offering the following for its second
reading and final adoption:
(#26189) AN ORDINANCE adding a new section, Section 24-102, Unlawful
possession of paint, to Article IV, Parks, of Chapter 24, Public Buildings
and Property, Generally, Code of the City of Roanoke (1979), as amended, mak-
ing it unlawful to bring paint into any public park of the City, except with
the ~ermis~ion of or at the direction of the City Manager.
(For full text of Ordinance, see Ordinance Book No. 47, page 352.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowles, Butler, Garland
and Mayor Taylor ......................................................... 7.
NAYS: None .................................................... O.
CITY MARKET-DOWNTOWN ROANOKE: Ordinance No. 26190 providing for a
thirty day extension, from August 20, 1982, through September 19, 1982, of
the option, granted by the City to Downtown Associates by agreement dated
July 31, 1980, to lease the Market Building, having previously been before
the Council for its first reading on Monday, August 23, 1982, read and adopt-
ed on its first reading and laid over, was again before the body, Mr. Trout
offering the following for its second reading and final adoption:
(#26190) AN ORDINANCE providing for the extension of Downtown Associates'
option to lease the Market Building.
(For full text of Ordinance, see Ordinance Book No. 47, page 353.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland and Mayor
Taylor .................................................................... 6.
NAYS: None ......................................................... O.
(Council member Harvey was out of the Council Chamber.)
256
ACTION:
ACTION:
ACTION:
PUBLIC ASSISTANCE-HEALTH DEPARTMENT: Ordinance No. 26191 authorizing
the City Manager to execute State-Local Hospitalization Plan Agreements with
the State Department of Welfare and certain hospitals and the City Health
Department to provide for in-patient and out-patient care and treatment for
certain indigent citizens at certain rates, having previously been before the
Council for its first reading on Monday, August 23, 1982, 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:
(#26191) AN ORDINANCE authorizing the City Manager to execute State-
Local Hospitalization Plan Agreements with the State Department of Welfare
and certain hospitals and the City Health Department to provide for
patient and out-patient care and treatment for certain indigent citizens at
certain rates.
(For full text of Ordinance, see Ordinance Book No, 47, page 353.)
Mr. Musser moved the adoption of the Ordinance. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowles, Butler, Garland
and Mayor Taylor ......................................................... 7.
NAYS: None .......................................................... O.
EASEMENTS-APPALACHIAN POWER COMPANY-HOUSING: Ordinance No. 26192 provid-
ing for the grant to Appalachian Power Company of an easement for electrical
facilities in Section 9, Gainsboro Community Development Program, having
previously been before the Council for its first reading on Monday, August
23, 1982, read and adopted on its first reading and laid over, was again
before the body, Mr. Trout offering the following for its second reading and
final adoption:
(#26192) AN ORDINANCE providing for the grant to AppalachiAn Power
Company of an easement for electrical facilities in Section 9, Gainsboro
Community Development Program.
(For full text of Ordinance, see Ordinance Book No. 47, page 354.)
Mr. Trout moved the adoption of the Ordinance. The motio~ was seconded
by Dr. Butler and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowles, Butler, Garland
and Mayor Taylor .......................................................... 7.
NAYS: None ......................................................... O.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND I~fBERS OF COUNCIL: NONE.
CITY ATTORNEY-DIRECTOR OF FINANCE-CITY CLERK-MUNICIPAL AUDITOR: The
Mayor called to the attention of Council that the two year terms of Mr.
Wilburn C. Dibling, Jr., as City Attorney; Mr. Joel M. Schlanger as Director
of Finance; Ms. Mary F. Parker as City Clerk, and Mr. William L. Brogan as
Municipal Auditor will expire on September 30, 1982, and called for nominations
to fill the upcoming vacancies.
Mr. Trout placed in nomination the names of Mr. Wilburn C. Dibling, Jr.,
as City Attorney; Mr. Joel M. Schlanger as Director of Finance; Ms. Mary F.
Parker as City Clerk; and Mr. William L. Brogan as Municipal Auditor.
There being no further nominations, Mr. Dibling was reappointed as City
Attorney; Mr. Schlanger was reappointed as Director of Finance; Ms. Parker
was reappointed as City Clerk; and Mr. Brogan was reappointed as Municipal
Auditor for terms of two years each commencing October 1, 1982, and ending
September 30, 1984, by the following vote:
FOR MR. DIBLING, MR. SCHLANGER, MS. PARKER AND MR. BROGAN: Council
members Harvey, Musser, Trout, Bowles, Butler, Garland and Mayor Taylor ..... 7.
257
OTRER BEARINGS OF CITIZENS: NONE.
At 3:55 p.m., the Mayor declared the meeting recessed.
At 4:30 p.m., the meeting reconvened in the Council Chamber with Mayor
Taylor presiding and all members of the Council present.
ROANOKE CIVIC CENTER: The Mayor advised that the three year terms of
Mrs. Genevieve G. Dickinson, Mr. Horace S. Fitzpatrick and Mr. James W.
Burks, Jr., as members of the Roanoke Civic Center Commission will expire on
September 30, 1982, and called for nominations to fill the upcoming vacancies.
Mr. Trout placed in nomination the 9~mes of Mrs. Genevieve G. Dickinson,
Mr. Horace S. Fitzpatrick, and Mr. James W. Burks, Jr.
There being no further nominations, Mrs. Dickinson, Mr. Fitzpatrick and
Mr. Burks were reappointed as members of the Roanoke Civic Center C~mission
for terms of three years each commencing October 1, 1982, and ending September
30, 1985, by the following vote:
ACTION:
FOR MRS. DICKINSON, MR. FITZPATRICK AND MR. BURKS: Council members
Harvey, Musser, Trout, Bowles, Butler, Garland and Mayor Taylor ............. 7.
BUILDINGS: The Mayor advised that the five year term of Mr. Elmer O.
Redes, Jr., as a member of the Board of Adjustments and Appeals, Building
Code, will expire on September 30, 1982, and called for nominations to fill
the upcoming vacancy.
Mr. Trout placed in nomination the name of Mr. Elmer O. Redes, Jr.
There being no further nominations, Mr. Redes was reappointed as a
member of the Board of Adjustments and Appeals, Building Code, for a term of
five years commencing October 1, 1982, and ending September 30, 1987, by the
following vote:
ACTION:
FOR MR. RODES: Council members Harvey, Musser, Trout, Bowles, Butler,
Garland and Mayor Taylor .................................................... 7.
ZONING: The Mayor called to the attention of Council that there is a
vacancy on the Board of Zoning Appeals created by the resignation of Mr.
Sydnor W. Brizendine for a term ending December 31, 1983, and called for
nominations to fill the vacancy.
Mr. Harvey placed in nomination the name of Mr. Richard A. Rife.
There being no further nominations, Mr. Rife was appointed as a member
of the Board of Zoning Appeals to fill the unexpired term of Mr. Sydnor W.
Brizendine, resigned, ending December 31, 1983, by the following vote:
ACTION:
FOR MR. RIFE: Council members Harvey, Musser, Trout, Bowles, Butler,
Garland and Mayor Taylor .................................................... 7.
There being no further business, the Mayor declared the meeting adjourned
at 4:35 p.m.
ATTEST:
City Clerk
APPROVED
Mayor
258
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
September 13, 1982
7:30 p.m.
The Council of the City of Roanoke met in regular meeting in the Council
Chamber in the MUnicipal Building, City of Roanoke, on Monday, September 13, 1982,
at 7:30 p.m., the regular meeting hour, with Mayor Noel C. Taylor presiding.
PRESENT: Council members Howard E. Musser, James O. Trout, Elizabeth T.
Bowles, Wendell H. Butler, Robert A. Garland, James G. Harvey, II, and Mayor Noel C.
Taylor ............................................................................. 7.
ABSENT: None ............................................................ O.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. W. Robert Herbert,
Assistant City Manager; Mr. Wilburn C. Dibling, Jr., City Attorney; Mr. William X
Parsons, Assistant City Attorney; Mr. Joel M. Schlanger, Director of Finance; and
Ms. Mary F. Parker, City Clerk.
The invocation was delivered by The Reverend Thomas G. Mustard, Pastor,
St. James Episcopal Church.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Taylor.
CELEBRATIONS: The Honorable Charles R. Hill, Mayor of the Town of Vinton
and other members of the Vinton Town Council and the Town Manager, appeared before
Council and presented the City of Roanoke with a painting by Vinton artist Nocris
Coleman of the Crystal Spring Pump in honor of the 100th anniversary of the founding
of the City of Roanoke.
On behalf of the citizens of the City of Roanoke, Mayor Taylor expressed
appreciation to the Town of Vinton for its centennial gift.
ROANOKE NEIGHBORHOOD PARTNERSHIP: The Mayor presented a proclamation
declaring September 16, 17 and 18, 1982, as Neighborhood Days in the City
of Roanoke.
(For full text, see procl~m-tion on file in the City Clerk's Office.)
ACTION:
Mr. Harvey offered the following Resolution expressing appreciation
to Adams Construction Company; Allstate Insurance Company; Contracting
Enterprises, Inc.; Fizer Funeral Home, Inc.; Frank's TV Service; Grandin
Road Florist and Party Shoppe; Hamlar-Curtis Funeral Home; F. L. Hatcher &
Son, Inc.; Hawkins & Cox, Inc.; Hodges Lumber Corporation; Houck Advertising;
Hydraulic-Pneumatic Supply Corporation; Interiors - The Virginia Galleries,
Ltd.; K. Sales, Inc.; Kroger Store - Ninth Street; Mastin, Kirkland,
Bolling, Inc.; Mr. G's Grocery; Peoples Electronics Supply Co., Inc.;
Rent-Ails of Roanoke, Inc.; Shenandoah Life Insurance Company; Sears
Roebuck & Company; The Chances Are; J. M. Turner & Company, Inc.; Valley
Vacuum Sales & Service, Inc.; Dr. Fen'n Victor; Webster Brick Co., Inc.;
Wheaton's Coin Operated Self Service Laundromat; W. L. Wheaton Plumbing &
Heating; Woolco - Crossroads Mall, which businesses have contributed
resources for neighborhood development and revitalization in the City:
(#26213) A RESOLUTION expressing appreciation to those local busines-
ses which have contributed resources for neighborhood development and
revitalization in the City.
(For full text of Resolution, see Resolution Book No. 47, page 359.)
259
Hr. Harvey moved the adoption of the Eesolution. ~he motion was
seconded by Hr, Trout and adopted by the follow/rig vote:
AYES: Council members Husser, Trout, Bowles, Butler, Garland, Harvey
and Hayor Taylor ............................................... 7.
NAYS: None ..............................
,0o
The Mayor advised that Roanoke*s neighborhood organizations rely upon
volunteers to reach the goals they have established for themselves and
almost every neighborhood has an individual or group of individuals who
carry the group through rough times and inspire others to get involved in
projects. He said that whether these individuals hold an office or play a
behind-the-scenes role, they are the people who are the heart and soul of
a strong organization, and he would like to honor four such individuals
from each quadrant of the City.
The Mayor presented certificates of appreciation to the following
persons:
Ms. Katherine Roche, Vice-President of the Raleigh Court Civic League
from southwest Roanoke;
Ms. Floriue Thornhill, President of the Northwest Neighborhood Environ-
mental Organization in Gilmer from northwest Roanoke;
Ms. Mildred Prater, Vice-President of the Belmont Watch Group from
southeast Roanoke; and
Ms. Rita Engle, former Secretary of the Will/ammon Road Action Forum
from northeast Roanoke.
Mayor Taylor stated that these four people have given tirelessly of
themselves to assist their neighbors in working together with the City to
bring about change in their neighborhoods, and they are to be com~nded
for their faith in their neighbors and in their City, for the spirit of
cooperation which has characterized their efforts, and for the many hours
of service they have spent on behalf of their neighborhoods.
PROCLAMATIONS: The Mayor presented a proclm,,~tion declaring September
17 - 23, 1982, as Constitution Week in the City of Roanoke, and urged all
citizens to pay special attention during that week to our Federal Constitu-
tion and the advantages of American Citizenship,
(For full text, see proc]mmmtion on file in the City Clerk's Office.)
CELEBRATIONS: (Mrs.) Lelia C. Bagbey, member of the Roanoke Centennial
Committee, appeared before Council and advised that the Committee has
secured, through the International Star Registry, the designation of one
of the stars in the Ursa Minor Constellation to the City of Roanoke, and
presented the Mayor with a framed certificate in confirmation thereof.
On behalf of the City of Roanoke, Mayor Taylor expressed appreciation
to the Roanoke Centennial Committee.
PUBLIC HEARINGS:
ZONING: Pursuant to Resolution No. 25523 the City Clerk having set a
public hearing for Monday, September 13, 1982, at 7:30 p.m., or as soon
thereafter as the matter may be heard, in the Council Chamber, on the
request of Roanoke Hospital Association that Chapter 36, Zoning, Article
III, District Regulations, Division 4, RG-1 and RG-2, General Residential
Districts, Section 35-97, Uses and structures permitted as special exceptions,
subsection (5), of the Code of the City of Roanoke (1979), be amended as a
special exception use in the RG-1, and RG-2 Districts, requiring Board of
Zoning Appeals approval, the matter was before the body.
260
ACTION:
The Mayor advised that in addition to serving as a -~mber of City
Council, he serves on the Board of Directors of the Roanoke Hospital
Association, and in order that there will be no appearance of conflict of
interest and pursuant to legal advice, he said he would not participate in
discussion or vote on the proposed amendment to the Zoning Ordinance, and
requested that the Vice-Mayor preside over the public hearing.
At 8:10 p.m., the Mayor relinquished the Chair to the Vice-Mayor.
The City Planning Commission submitted a written report advising that
the purpose of the request is to allow Roanoke Hospital Association to
construct an eighteen unit English Tudor house at 2224 South Jefferson
Street to provide housing for families, members of whom, particularly
children, are hospitalized, and the project will be known as the Ronald
MacDonald House, Inc. The Planning Commission reco~ended approval of the
proposed text amendment, noting that the amendment is consistent with the
intent of the Comprehensive Plan and the RG zoning district regulations,
and will permit the proposed use while allowing for adequate public input.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler moved that the following Ordinance be placed upon its
first reading:
(#26214) AN ORDINANCE amending Section 36-97, Uses and structures
permitted as special exceptions, of Division 4, RG-1 and RG-2 General
Residential Districts, of Article III, District Regulations, of Chapter
36, Zoning, Code of the City of Roanoke (1979), as amended.
(For full text of Ordinance, see Ordinance Book No. 47, page 364.)
The motion was seconded by Mr. Harvey.
Mr. Philip H. Lemon, 122 24th Street, S. E., appeared before Council
and advised that the latest, version of the. proposed Ordinance was delivered
to the City Clerk's Office on Monday afternoon and members of Council and
the public have not had an opportunity to review its contents prior to the
meeting. He questioned whether or not proper legal advertising has been
met inasmuch as the latest version of the Ordinance is different from the
Ordinance that was previously advertised. He requested that the latest
version of the Ordinance be referred back to the City Planning staff for
further study.
Mrs. Bowles stated that the latest version of the Ordinance had not
been reviewed by the City Planning Commission and many of the persons in
the audience had not had an opportunity for input; whereupon, she offered
a substitute motion that the latest version of the Ordinance be referred
to the City Planning Commission for further input.
The City Attorney was called upon for a legal opinion as to whether
or not the subject matter was properly advertised in view of the latest
version of the Ordinance; whereupon, the City Attorney advised that the
matter was advertised pursuant to Section 15.1-431 of the Code of Virginia.
He said a substitute Ordinance has been submitted by the petitioner and he
is of the opinion that the fact that a substitute Ordinance has been
submitted does not render invalid the ability of Council to consider the
Ordinance. He said the substitute Ordinance is much stronger than the
initial submittal, and his office has always taken the position that it is
not inappropriate for a zoning matter to be amended to strengthen the
Ordinance between the time of consideration by the City Planning Commission
and its consideration by City Council.
The Vice-Mayor called for a second to the substitute motion offered
by Mrs. Bowles and there being none, declared the substitute motion lost
for lack of a second.
261
The Vtce-Hayor advised that he had received s~xteen requests to
address the Council regarding the subject matter and stated that he vould
allot three minutes each per person.
Mr. James F. Douthat, Attorney, representing Roanoke Hospital Association,
appeared before Council and advised that the Ronald MacDonald House is a
concept, noting that there are thirty-three such houses throughout the
nation which are sponsored by the MacDonald's Corporation and, in this
particular situation, the Roanoke Memorial Hospital, the Junior League and
other parenting groups, all working together to form a non-profit corpora-
tion to build a house to be used by the families of ill people who are in
hospitals in the Roanoke Valley. He said the house will cost over $750,000.00
or approxtmntely $1 million if the land and landscaping is. counted, that
the cost to residents will $10.00 per night, or, at no cost, if the resident
has no money.
Mr. Douthat said Roanoke Memorial Hospital, who will fund the construc-
tion phase of this venture, has a parcel of property on South Jefferson
Street where they would like to construct the house, noting that the
building which was on the property burned down five years ago, and if the
building had not burned down, the City Code wouldallow a non-profit.
institution to construct this type of structure if it were remodeling an
existing building.
Mr. Douthat stated that as the property in question is presently
zoned, 34 apartments could be constructed. He said the proposal before
Council, although it would apply to all areas of the City, would specifical-
ly apply to this parcel of land in that it is more than 60,000 square
feet, it would specifically make this parcel of land capable of maintaining
18 efficiency-type apartments, the structure would house 18 relatives,
with one apartment for a resident manager as Opposed to a resident manager
for 33 apartments if it were a regular apartment complex. He added that
the structure as it is presently situated would have only two regular
employees, plus staff to do yard work, painting, etc. He stated that the
Ordinance presently before Council is as restrictive as he can make it,
noting that he took what the City Planning staff recommended and added the
specific use that the facility will be for temporary sleepihg, dining,
recreation and laundry needs, stipulating that it must be within a certain
distance of a hospital within the City of Roanoke.
Mr. Philip H. Lemon, 122 24th Street, S. E., appeared before Council
and referred to an article written by Frank Hancock which appeared in The
Roanoke Times and World News on September 14, 1980, entitled "Cancer
Center Gives Patients Treatment with Human Touch", and quoted the following
sentence: "Even other services frequently needed by patients such as
'motel' accommndations for themselves and their families have not been
forgotten." He said that the structure which was om. the property and burned
down would not have accommodated eighteen people. He referred to a petition
filed with the City Clerk signed by 137 persons in opposition to the Code
amendment, but not in opposition to the Ronald MacDonald 'House concept.
He said he does not oppose the Ronald MacDonald House, but he is concerned
about the location of wha~ appears to be a motel type facility.
Mr. Lemon addressed Council about the problem of notice and input,
referring to a flyer which was distributed in his neighborhood indicating
that the "request may be made to rezone the property to C-2 - retail and
commercial, noting that Roanoke Hospital Association understands that a
hotel/motel operation requires a C-2 zoning and with the proposed zoning,
notice must be served on adjacent property owners by mail from the City
Planning Commission, that property owners in his neighborhood received no
legal notice that the matter was coming before the City Planning Commission,
that he inquired as to why residents had not received notice of the proposed
rezoning and was told only 48 hours before the Planning Commission meeting
that there was to be no rezoning, but instead a City Code amendment.
262
He said that other than a small legal advertisement in the newspaper,
there was no notice of the legal hearing to the property o~ners and there-
fore no input with the planning staff, He added that if this matter had
gotten off to a proper start with the neighborhood input to the planning
staff, much of the controversy could have been avoided, an~ requested
that Council refer the matter back to the City Planning staff for further
study and consideration,
Mrs. Lucinda D. Smith, 2511 Cornwallis Avenue, S. E., representing
the Junior League of the Roanoke Valley, appeared before Council and read
a prepared statement in support of the proposed amendment to the Zoning
Ordinance, advising that the Junior League voted overwhelmingly to commit
$30,000.00 to this project and become heavily involved in the volunteer
effort. She urged that Council adopt the Ordinance in order that the
Ronald MacDonald House may become a reality for the City of Roanoke.
(See statement on file in the City Clerk's Office.)
Mr. Thomas P. Lloyd, 115 23rd Street, S. E., appeared before Council
and spoke in regard to the impact of this facility on the neighborhood,
expressing concern not with the concept of the house, but with its execution,
and submitted the following three-fold proposal:
To limit the size of this facility until its impact upon
the neighborhoods, upon traffic congestion and upon the
tax base can be shown. If, after a few years, if it proves
a success and if the problems prove small in comparison to
its benefits, then permit it to expand.
To limit the location of this facility. Does it not make
sense to place it close to the hospital - where it exhibits
the greatest potential for good - and furtherest from the
residential neighborhood - where it has the greatest poten-
tial for harm?
To encourage study of this experiment. Citizens not only
from my neighborhood, but from neighborhoods across the
city, are concerned about the effects of the city-wide
zoning amendments currently proposed by Roanoke Memorial
Hospital in order to execute this concept. As of this
time, Roanoke Memorial Hospital has neither solicited these
citizens' thoughts nor have they responded to their concerns.
I personally believe that Roanoke Memorial Hospital will con-
tinue to proceed in this fashion, not only in regard to this
particular project but in regard to other projects which
have yet to leave the drawing board; plans for Burrell-Mem-
orial, plans for Gill Memorial, plans for the practice
center in Southeast and plans for other facilities in South
Roanoke."
(See statement on file in the City Clerk's Office.)
Ms. Betty Lesko, President of the Junior League of the Roanoke Valley,
appeared before Council and advised that it is most significant that the
members of the Junior League voted overwhelmingly in support of this
project with only one dissenting vote, noting that the Junior League is
commited to volunteerism and dedicated to the goal of making a difference
in the community, that they believe in the Ronald MacDonald House and they
believe they can help make a difference for countless families at a very
difficult time in their lives. She requested that Council help them make
that difference.
Mr. Robert N. Richert, President of the Old Southwest Neighborhood
Alliance, appeared before Council and read a prepared statement advising
that the Old Southwest Neighborhood Alliance oppoaesany change to the
zoning law that will weaken restrictions in residential zones or set the
263
II
precedent of Council's willingness to do so, no matter how slight; that
the only alter~ative that meets their criteria for.effective and fair
management of change in their neighborhoods is to define this use as C-2,
make provision for the problem of zonir~ creep, and allow the affected
neighborhood to negotiate conditions that make it acceptable at the proposed
site; that this is e complicated issue that has had too little exposure
and time for productive consideration, notin~ that decisions made in haste
can be regretted at leisure and it may be well for the City to take a
little more time and avoid the regrets.
(See statement on file in the City Clerk's Office.)
Mr. Carroll E. Russell, owner/operator of' six MacDonald's Restaurants
in the Roanoke Valley and President of the Southwest Virginia/Roanoke
Cooperate which represents 28 MacDonalds stores, appeared before Council
noting that they are a small cooperate in the sense that only 28 stores
are working in conjunction with the Junior League and Roanoke Memorial
Hospital in this endeavor. He said the City should commend Roanoke Memorial
Hospital for this tremendous undertaking, and his organization has committed
itself financially to this endeavor. Mr. Russell read a communication
from Mr. Bud Jones, Ronald MacDonald House Coordinator, with reference to
the operation of the Ronald MacDonald Houses.
(For full text, see co--~,nication on file in the City Clerk's Office.)
Ms. Angelica D. Lloyd, 115 23rd Street, S. E., appeared before ~ouncil
and read a prepared statement advising that there are too many unanswered
questions about the plans of Roanoke Memorial Hospital for expansion into
the residential neighborhood of South Roanoke.
(For full text, see statement on file in the City Clerk's Office.)
Mr. W. Jackson Shepherd, 2620 Cornwallis Avenue, S. E., appeared
before Council and advised that when the petition in opposition to the
zoning text amendment was brought to his attention, he was told that to
change the zoning laws would bring the potential of commercial property
into the South Roanoke area and, based upon that information, he signed
the petition. He requested that his signature be withdrawn from the
petition because after receiving more information about the Ronald MacDonald
House and the proposed Zoning Ordinance amendment, he is convinced that the
amendment is for a nonprofit organization serving in the medical industry,
and the assttmption that the proposed amendment will bring commercial
motels or half-way houses into the area seems a bit ridiculous. He said
he firmly supports the Ronald MacDonald House, withdraws his signature
from the petition, hopes that others will see that the amendment to the
proposed Ordinance will eliminate the possibility of commercial businesses
coming into a residential area, and he is hopeful Chat everyone will see
the beauty of having a Ronald MacDonald House in the Roanoke community.
Mr. James N. Kincanon, 2530 Richelieu Avenue, S. W., appeared before
Council and questioned whether or not Council has had ample opportunity to
study the revised version of the Ordinance. He said the Ordinance presently
before Council has not been duly advertised and referred to Section 62 of
the City Charter which gives the City the power to make zoning regulations
and divide the City into various districts, etc., advising that the Charter
is the law of the City and should control what are enacted as Ordinances
of the City of Roanoke. He said present zoning regulations must be in
compliance with the Comprehensive Plan and stated that the Ordinance
presently before Council and the Ordinances that preceeded it are not in
accordance with the City's Charter. He also stated that he is not opposed
to the Ronald MacDonald House, but urged that it be located in the right
district, particularly when the petitioner has land that may be used for
that purpose.
264
H~. A. C. Wilson, Lebanon, Virginia, appeared before Council and
advised that he had driven 300 miles in order to attend the meeting to
address Council concerning the Ronald HacDonald House and the need for
such a facility in this area, He said that his daughter has gone through
a series of illnesses, that he spent three weeks, 24 hours a day, seven
days a week in a chair in the lour~e at Roanoke Hemorial Hospital along
with his son, daughter-in-law and his wife while his daughter was in a
coma and he can speak for the need of such a facility as the Ronald Mac-
Donald House. He added that the Ronald MacDonald concept is fantastic and
he recommends it wholeheartedly, but urged that it be located ~lose enough
to the hospitals in order to be effective, that if it is located on the
other side of the City or four or five miles away, it will lose its effective-
ness because people who have loved ones in the hospital do not want to
stay far enough away that they cannot return to the hospital within a
matter of moments if they are needed.
Mr. Gene Carter, 1209 Campbell Avenue, S. W., appeared before Council
and advised that he would never want to have the disposal of any property
in his neighborhood put before a non-elected board, advising that the people
in his neighborhood have as often been at war with the Board of Zoning
Appeals as they have been at peace.
Mrs. Hazel B. Thompson, President of the Northwest Improvement Council,
appeared before Council and presented a Resolution expressing disapproval
of any proposal brought before Council that would permit relaxation of the
existing regulations governing the City's RG-1 and RG-2 Districts.
(See Resolution on file in the City Clerk's Office.)
Mrs. Grace $. Strickland, 2331 S. Jefferson Street, appeared before
Council and stated that she lives one block from the property in question,
that she has talked with many of her neighbors about the project and they
are not only in favor of the Ronald MacDonald House, but they are very
excited about it, and she hopes Roanoke Memorial Hospital will keep the
property they own around the hospital for future expansi~n. She said she
would love to have the Ronald MacDonald House one block from her home, and,
if the petitioners wanted to construct the Ronald MacDonald House next
door to her residence, she would be pleased to have it.
Mr. Carr L. Kinder, 1602 HAmilton Terrace, S. E., appeared before
Council and advised that he lives within one block of Roanoke Memorial
Hospital and he is tired of being their overflow parking lot and having to
call the police to remove cars of hospital employees-from his driveway.
He said he speaks for at least five other families on Hamilton Terrace.
He stated that he does not object to the Ronald MacDonald House itself,
but to the way he has been treated by Roanoke Memorial Hospital.
Mr. Mirth Rothschild, 6630 Old Barn Circle, Salem, Virginia, appeared
before Council and advised that he lived in a Ror~ild MacDonald House for
four weeks in Durham, North Carolina, and that it was a godsend for his
family by keeping them together at a most difficult period in their lives.
He spoke of the togetherness of the people who live in the house and said
that the house needs to be in a residential district and in close proximity
to a hospital.
Mr. Omar Rabb, 1543 Syracuse Avenue, N. W., appeared before Council
and stated that the pros and cons must be considered and that Council
should send the matter back to the City Planning Commission for more
detailed consideration. He requested that Council take the matter under
advisement for further study of the pros and cons and arrive at a solution
that will be suitable for everyone.
Mrs. Janice Reynolds, appeared before Council and advised that she is
the parent of a child who had cancer, that the Ronald MacDonald House
would not impose a hotel/motel type arrangement on the neighborhood, but it
would be a temporary home away from home so that relatives could spend time
with their loved ones who are seriously ill. She urged that it be located
within a residential area and that it be within walking distance of a
hospital.
265
The City Attorney was asked to respond.as to whether or not the proposed
amendment is in compliance with the City Charter and the Comprehensive Plan;
· whereupon, the City Attorney advised that one would not debate that any
amendment to the Zoning Code or Zoning Hap would have to be in compliance
with the Comprehensive Plan which is required by the provisions of the
City Charter and the State Code. He said the report of the Planning staff
says that the proposed amendment is fully consistent with the Comprehensive
Plan. Insofar as the matter of notice, he said that notice was given when
the matter was before the City Planning Commission, notice was given with
respect to the matter presently before Council, and the notice advised the
public that Council would be considering an amendment to the Zoning Code
which would provide for special exception that would permit, after public
hearing and public notice, a facilit~ to meet four criteria: (1) it is a
non-profit institutional use, (2) it is constructed within a completely
enclosed building, (3) it employ not more than two paid employees, and
(4) it does not require any new construction which wil} require the demoli-
tion of any existing residential dwelling. He stated that Council advertised
the subject matter, that Council has before it an Ordinance that includes
the above four elements and in addition, it includes four more elements
that make it a much stronger Ordinance so that the potential that it might
prejudice the neighborhood is considerably less in that the Ordinance has
been strengthened. He said the Attorney General has ruled that if an
Ordinance has been advertised, it is within the right of the governing body
to amend that Ordinance to strengthen it without sending it back to the
City Planning Commission and triggering the mechanism for additional advertising
for the City Planning Commission and the Council. He submitted that there
is no violation of advertising requirements, either by State Code or City
Code, and the proposal has been vouched for as being in compliance with
the Comprehensive Plan by the Planning staff.
The City Manager spoke in favor of deferring action on the proposed
Ordinance for one week in order that residents may further study and review
the matter.
Following comments by the members of Council (with the exception of
the Mayor), the following vote was recorded on Ordinance No. 26214 on its
first reading:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey and Vice-
Mayor Musser ............................................................. 6.
.NAYS: None ...................................................... 0.
(Mayor Taylor abstained from discussing the matter and voting on the question.)
At 10:30 p.m., the Mayor resumed the Chair.
At 10:30 p.m., the Mayor declared the meeting recessed.
At 10:40 p.m., the meeting reconvened in the Council Chamber, with Mayor
Taylor presiding, and all members of the Council present.
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 the City Clerk
having set a public hearing for Monday, September 13, 1982, at 7:30 p.m.,
or as soon thereafter as the matter may be heard in the Council Chamber, on the
request of Wilson Trucking Corporation that a portion of Lone Oak Avenue,
N. E. consisting of approxlm=tely 204 feet, and bounded on the east by the
property of Wilson Trucking Corporation, on the north by Lot 1, Section 9,
Oakland Survey, on the west by Colgate Street, N. E., av~ on the south by
Lots 22 through 25, Section 5, Oakland Survey, be permanently vacated,
discontinued and closed, the matter was before the body.
A report of the City Planning Commission recommending that the request
be granted, was also before the body.
(For full text, see report on file in the City Clerk's Office.)
266
ACTION:
ACTION:
ACTION:
Mx. Gilbert E. Butler, Jr., Attorney, representing the petitioner,
appeared before Council in support of the request of his client.
No one appearing in opposition to the request, Mr. Trout moved that
the following Ordinance be placed upon its first reading:
(#26215) AN ORDINANCE permanently vacating, discontinuing and closing
a portion of Lone Oak Avenue, N. E., in the City of Roanoke, Virginia,. as
is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance. Book No. 47, page 364.)
The motion was seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor ........................................................ 7.
NAYS: None ...................................................... O.
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 the City Clerk
having set a public hearing for Monday, September 13, 1982, at 7:30 p.m.,
or as soon thereafter as the matter may be heard in the Council Chamber, on
the request of Stephen B. Bogese, Stephen B. Bogese, II, Charles E. Bogese,
Betty C. Bogese and Aerialway Investors, a Virginia limited partnership,
that the r-m~ining portion of Cook Road to Murray Road, S. W., be permanent-
ly vacated, discontinued and closed, the matter was before the body.
A report of the City Planning Comm~ssion reco-m~nding that the request
be granted, was before Council.
(For full text, see report on file in the City Clerk's Office.)
A communication from Mr. David G. Harrison, Attorney, representing the
petitioners, advising that a dispute has arisen between the Bogeses and
Aerialway Investors regarding the desirability of closing Cook Road as
requested, that the parties will be unable to resolve the matter before the
Council meeting on September 13, and requesting that the matter be continued
for action at a later date, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harvey moved that Council concur in the request to continue the
matter for action at a later date. The motion was seconded by Mr. Mussem
and unanimously adopted.
SUBDIVISIONS: Pursuant to Resolution No. 25523 the City Clerk having
set a public hearing for Monday, September 13, 1982, at 7:30 p.m., or as
soon thereafter as the matter may be heard in the Council Chamber, on the
question of adding a new Section 31-8, Lot or parcel boundary line relocation,
adjustment or alteration, to Chapter 31, Subdivisions, of the Code of the
City of Roanoke (1979), as amended, in order to provide in the City's
subdivision regulations for a method of altering the boundary lines of
existing lots and parcels, the matter was before the body.
A report of the City Planning Commission recommending approval of the
proposed Subdivision Ordinance text amendment in order to bring the City's
Subdivision regulations into conformity with State law, was before Council.
(For full text, see report on file in the City Clerk's Office.)
No one appearing in connection with the proposed amendment, Mrs. Bowles
moved that the following Ordinance be placed upon its first reading:
(#26216) AN ORDINANCE adding a new §31-8 to the Code of the City of
Roanoke (1979) as amended, to provide in the City's subdivision regulations
for a method of altering the boundary lines of existing lots and parcels.
(For full text of Ordinance, see Ordinance Book No. 47, page 365.)
267
ACTION:
The motion was seconded by Hr. Trout Ax~l adopted by the follow!~
vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor ..................................................... 7.
NAYS: None ....................................................... 0.
HOUSING: Pursuant to Resolution No. 25523, the City Clerk having set
a public hearing for Monday, September 13, 1982, at 7:30 p.m., or as soon
thereafter as the matter may be heard in the Council Chamber, on the proposal
to designate as Rehabilitation Districts, pursuant to the provisions of
Section 36-52.3, Code of Virginia (1950), as amended, the neighborhoods of
Fallen Park, London Avenue, Melrose and Morningside, the matter was before
the body.
A report of the City Planning Commission advising that Morningslde,
Fallen Park, Loudon Avenue and Melrose Neighborhoods, as identified and
described in Attachments A, B, C and D, are adjacent to duly-designated
conservation areas and are deteriorating and, if not rehabilitated, are
likely to deteriorate to a condition similar to that which existed in the
adjacent conservation districts; recommending that they be declared and
designated as rehabilitation districts pursuant to Section 36-52.3, Code of
Virginia (1950), as amended, and as identified in Attachments A, B, C and
D; recommending approval of the Comprehensive Rehabilitation Plans for.
Morningside, Fallen Park, London Avenue, and Melrose Rehabilitation Districts;
and recommending authorization for the City of Roanoke Redevelopment and
Housing Authority to extend its housing assistance programs into the Morning-
side, Fallen Park, Loudon Avenue and Melrose rehabilitation districts, was
before Council.
(For full text, see report on file in the City Clerk's Office.)
No one appearing before Council in .connectioawith the matter, Dr.
Butler offered the following Resolution:
(#26217) A RESOLUTION declaring and designating certain areas within
the City an rehabilitation districts.
(For full text of Resolution, see Resolution Book No. 47, page 360.)
Dr. Butler moved the adoption of the Resolution. The motion was
seconded by Mr. Trout and adoptefl bY the following vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor ............................................ a ......... 7.
NAYS: None .......................................................... 0.
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the City Council and would be enacted by
one motion in the 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 SPecial attention to two requests for Executive
Sessions of Council to discuss personnel matters, and one request to discuss
a real estate matter.
COUNCIL: A communication fr~m Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to ~acancies 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.)
68
ACTION:
ACT ION:
ACTION:
ACTION:
Mr, Trout moved that Council concur in the request
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by CounCil
pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950), as amended.
The motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, ~arvey
and Mayor Taylor ...................................
NAYS: None ........................................................ O.
COUNCIL. A communication from Council member James G. Harvey, II,
requesting an Executive Session to discuss a personnel matter, pursuant to
Section 2.1-344(a) (1), Code of Virginia (1950), as amended, was before
Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council convene in Executive Session to discuss a
personnel matter, pursuant to Section 2.1-344 (a) (1), Code of Virginia,
(1950), as amended. The motion was seconded by Mrs. Bowles and adopted by
the following vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor ......................................................... 7.
NAYS: None ........................................................ O.
YOUTH: The qualification of Mr. Roderick D. Wade as a member of the
Youth Services Citizen Board for a te~m of three years ending May 31, 1985,
was before Council.
(See Oath of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mrs. Bowles amd adopted by the following
vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor ..................... 7.
NAYS: None ............................... ~ ........................ O.
COUNCIL: The Mayor orally requested an Executive Session to discuss a
real estate matter pursuant to Section 2.1-344 (a) (1), Code of Virginia
(1950), as amended.
Mr. Trout moved that Council concur in the requeat to convene in
Executive Session to discuss a real estate matter pursuant to Section 2.1-
344 (a) (1), Code of Virginia (1950), as amended. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor .............................................. r ....... 7.
NAYS: None .......................................................... O.
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
POLICE DEPARTMENT-~fPLOYEE ORGANIZATIONS: Mr. W. W. Waters~ Roanoke
City Police Officer, appeared before Council and advised that the International
Brotherhood of Police Officers is the largest union in the United States,
that as members of the IBPO, police officers feel, for the first time, that
they have a means of expressing to the City and the citizens what they
269
ACTION:
ACTION:
ACTION:
consider the causes and cures of Roanoke's high crime problems; therefore,
the police officers of Roanoke have placed es their number one priority the
improvement of police services and protection for the citizens of Roanoke,
and submit the following four proposals:
All new Roanoke City Police Officers must possess at least
a high school diploma, and on conditions of his employment
sign am agreement to go to college on non-duty time during
their first four years, or until they complete college
requirements for a degree in a police related curriculum.
The City will pay cost of books and tuition, not exceeding
$300.00 per year. For each year successfully completed,
the City will also pay 2 1/2% of the officers basic salary
for the college education and as an incentive.
A mental examination will be given to each new officer be-
fore employment; and thereafter, a subsequent mental
nation will be required every two years for all Roanoke
City Police Officers.
3. Separate the safety division from other city employees.
Our fourth and final proposal is one of involvement between
the citizens, Police Officers, and City Council in discus-
sing the conditions and needs of the Police Department. We
recommend the City Council appoint a committee made up of at
least two council members, and one representative from any
neighborhood alliance group wishing to participate, to meet
with our representing Police Officers, on a quarterly basis,
to discuss improvements and conditions in the Police Dept,
We are not asking for this committee to recognize the INTER-
NATIONAL BROTBERHOOD OF POLICE OFFICERS, or to bargain with
us on our concerns. We are merely asking for the opportunity
to discuss our problems with the committee, and that the com-
mittee listen in good faith and make any recommendations to
City Council it deems necessary."
(For full text, see statement on file in the City Clerk's Office.)
Mrs. Bowles moved that the statement be received and filed. The
motion was seconded by Dr. Butler and unanimously adopted.
PETITIONS AND CO}gCONICATIONS:
INDUSTRIES: Mayor Taylor presented a communication recommending that
the Office on Economic Development and Grants, working in cooperation with
the City Manager, conduct a survey on employment needs and skills required
by City industries for the next five years.
(For full text, see communication on file in the City Clerk's Office.)
Dr. Butler moved that Council concur in the recommendation of the
Mayor, and that the matter be referred to the City Manager for report.
motion was seconded by Mr. Garland and unanimously adopted.
The
The Mayor advised that Council previously adopted Ordimmnce No. 24595
providing that Council meetimgs held on the second Monday will automatically
adjourn no later than 11:00 p.m., unless there is a motion to the contrary,
and since it was past 11:00 p.m., the Mayor inquired as to the wishes of
Council; whereupon, Mr. Garland moved that Council waive the provisions of
Ordinance No. 24595 in this instance~ The motion was seconded by Mr.
Harvey and unanimously adopted.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
27O
ACTION:
ACTION:
PUBLIC ASSISTANCE-CETA: The City Manager submitted a written report
concerning the Workfare Program, advising that Workfare, a statewide e~ploy-
ment program for public assistance recipients will be required in each
locality by January 1, 1983, as a result of the passage of Senate Bill No.
377 by the General Ass~hly.
He advised that the purpose of Workfare will be placement of public
assistance applicants and recipients into unsubsidized employment; provision
of a work experience component for those participants who fail to find
employment, including assessment/career exploration, motivation, training,
ap~ Job development/placement. He noted that sanctions will be applied to
individuals receiving public assistance, who fail to participate, by reduc-
tion in monetary grants; and agencies who fail'to establish a program. It
was n~so noted that the Roanoke City Social Services Department has never
directly operated employment programs and localities in Virginia now have
options to directly operate Workfare through City personnel and subcontract
with another agency to operate Workfare.
Mr. Ewert recommended that the City Manager be authorized to prepare
necessary contractual agreements with the Fifth District Employment and
Training Consortium, for review and approval by the State Department of
Social Services, subject to final approval by Roanoke City Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser moved that Council concur in the report. The motion was
seconded by Mr. Trout and unanimously adopted.
ITEMS RECOMMENDED FOR ACTION:
SEWERS AND STORM DRAINS: The City Manager submitted a w~citten repor.t
concerning the original estimate for dewatering and disposing of dewatered
sludge, and reconciliation of the City of Richmond's sewage rates.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that action on the report be deferred until the
regular meeting of Council on Monday, September 27, 1982. The motion was
seconded by Mr. Trout and unanimously adopted.
HOUSING-PLANNING-GRANTS: The City Mapager submitted a written report
in connection with the Critical Home Repair Program, advising thathousing
rehabilitation programs which have been implemented in Roanoke have required
total rehabilitation of each structure; that cost of total rehabilitation
and the securing of rehab loans by liens against the properties have been
major factors discouraging many homeowners from applying for loans to
improve their homes; and neighborhood organizations have suggested that a
program be provided to help homeowners repair only major defects in their
houses that may cause the houses to be uninhabitable.
Mr. Ewert advised that the Critical Home Repair Program has been
developed by the Roanoke Redevelopment and Housing Authority in cooperation
with neighborhood organizations and City staff. He further advised that
major features of the proposed program include a grant of up to $6,000 per
house; only deficiencies of a critical nature, threatening the habitability
of the house, may be repaired with the grant funds; additional cosmetic,
home maintenance repairs must be performed by the homeowner i.n order_ to
qualify for the grant; eligibility is limited to persons of low income;
eligible areas are all Conservation Areas, as Priority One areas, and
proposed Rehabilitation Districts as Priority Two areas and if all funds
have not been used in the Conservation Areas within four months, the program
will be extended to Rehabilitation Districts; that the Community Development
Block Grant budget approved by Council for this year includes $360,000 for
this program, providing for critical repairs to at least 60 houses; and the
program was approved by the Board of Commissioners of the Roanoke Redevelopment
and Housing Authority at its meeting on September 13, 1982, and recommended
to Council for adoption.
271
ACTION:
ACTION:
The City Manager recommended that Council approve the Critical Home
Repair Program for immediate implementation in Conservation Areas as the
first priority, and in Rehabilitation Districts in four months if all funds
are not needed in Conservation Areas.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following Resolution:
(#26218) A RESOLUTION authorizing the implementation of a Critical
Home Repair Program in certain areas of the City.
(For full text of Resolution, see Resolution Book No. 47, page 361.)
Mr. Garland moved the adoption of the Resolution. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor ........................................................ 7.
NAYS: None ........................................................ O.
AIRPORT: The City Manager submitted a written report advising that
Phase I grants, for the construction of the initial phase, underpass, for
the 900 foot extension of Runway 23, at Roanoke Municipal Airport, Woodrum
Field, from the Federal and State Governments were authorized to be accepted
by Ordinance No. 25763, dated September 28, 198i; that application for
Phase II grants from the Federal and State Governments are pending to allow
the completion of the extension project or such portion as the amount of
the grants will allow, and aubject to the amount of the Phase II grant, it
may be necessary to apply for and accept a Phase III or even Phase IV
grant; that a Phase II grant offer is imminent from the Federal government
(FAA) for federal fiscal year 1982, and the amount of the grant offer is
unknown at this time, but in order to accept the grant, it will be necessary
for the properly designated City officials to execute the grant offer on
behalf of the City and return the executed grant documents to FAA by September
30, 1982; that construction bids for Phase II construction have been received
by Council and are good through October 10, 1982; and Council has one more
meeting on September 27, 1982, prior to September 30, but has a second
meeting on October 4 prior to October 10.
Hr. Ewert recommended that Council adopt a Resolution authorizing
acceptance of a Phase II (and if necessary Phases III and IV) grants from
the Federal and State governments for the 900 foot extension of Runway 23
currently designated under the Phase I grant as Project No. 6-51-0045-13;
designate the appropriate City officials to act on behalf of the City,
similar to Resolution No. 25763; and make a commitment of intent to fund
the local share up to a maximum of $1,650,000 from the 1982 undesignated
fund balance.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(#26219) A RESOLUTION accepting a grant or grants from the United
States of America and Commonwealth of Virginia for the extension of Runway
23 at Roanoke Municipal Airport, Woodrum Field, authorizing the proper City
officials to execute the City's acceptance of the aforesaid grant agreements
and collateral documents and indicating the City's intent to commit certain
local funds toward this project.
(For full text of Resolution, see Resolution Book No. 47, page 361.)
Mrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor ...................................................... 7.
NAYS: None- O.
72
ACTION:
ACTION:
STATE HIGHWAYS-UTILITIES: The City Manager submitted a written report
advising that Council, by Resolution No. 23524 adopted on March 14, 1977,
adopted the Hershberger Road Project from Cove Road to Williamson Road as
the City's No. 1 priority; that Council, by Resolution No, 23847, dated
September 26, 1977, requested the Virginia Department of Highways amd
Transportation programming for the project with Urban Funds; that Council,
by Resolution No. 25883, adopted qn January 4, 1982, agreed to assume
responsibility for making arrangements for the adjustment and/or relocation
of existing utilities a~d for the installation of any new utilities on the
first two phases of the project; and Virginia Department of Highways and
Transportation Commission acted to approve the project for right of way and
construction on June 19, 1980.
Mr. Ewert advised that the current situation is that advertisement of
this phase of the project is scheduled for November, 1982; and utility
resolution, requested by the Virginia Depart~ment of Highways and Transportation
for this third phase of the project is routine and is required on all Urban
Highway Projects prior to construction to assure the State that the City
has a binding agreement with utility companies to provide for any necessary
utility relocation.
The City Manager recommended that Council adopt the proper measure, in
a form acceptable to the City Attorney, providing the Virginia Department
of Highways and Transportation with the necessary assurances regarding the
arrangements for the relocation and/or adjustment for utilities affected by
the Third Phase of the Hershberger Road Highway Project.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following Resolution:
(#26220) A RESOLUTION melating to the. relocation or adjustment of
utility facilities in connection with the City's Hershberger Road Project
designated as Highway ~roJect 0101-128-108, RW 201, C-503.
(For full text of Resolution, see Resolution Book No. 47, page 362.)
Mr. Harvey moved the adoption of the Resolution. The motion was
seconded by Mr. Mnsser and adopted by the following vote:
AYES: Council m~mbers Musser, Trout, Bowles, Butler,. Garland, Harvey
and Mayor Taylor ....................................................... 7.
NAYS: None ...................................................... O.
CITY ATTORNEY:
CITY ATTORNEY-BUILDINGS-DELINQUENT TAXES~ The City Attorney submitted
a written report advising that theDirector of Finance and the Chief of
Billings and Collections haye requested that hisoffice institute suit~ in
court to collect certain delinquent accounts representing the City's cost
for demolishing unsafe buildings; that his office has reviewed the list of
accounts submitted by the Chief of Billings and Collections and has selected
eight accounts, totaling $9,315.60 not counting interest and costs, to
pursue. He further advised tha~ information as to these eight accounts, is
listed on a Resolution which he recommends for adoption by Council if
Council would like for his office to pursue the collecti'on of these funds.
He noted that the Resolution is written broadly enough to authorize employment
of other Judicial means to collect such acconnts if necessary.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(#26221) A RESOLUTION directing that the City Attorney institute and
conduct suits or actions to collect delinquent nuisance abatement accounts
and taxes and assessments, as appropriate, or other claims with respect to
certain real estate and the owners thereof.
(For full text of Resolution, see Resolution Book No. 47, page 362.)
273
ACTION:
ACTION:
ACTION:
Mrs. Bowles moved the adoption of the Resolution. The motion was
seco~ted by Mr. Trout amd adopted by the following vote:
AYES: Council members Musaer, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor ........................................... 7.
NAYS: None ................................................... 0.
REPORTS OF COMMITTEES:
AUDIT COMMITTEE: Council member J~mes G. Harvey, II, Chairman, Audit
Committee, presented Minutes of the Audit C~,m~ttee meeting held on September
7, 1982, advising that the Committee reviewed, received and filed reports
from the Municipal Auditor on City of Roanoke Civic Center Fund, Internal
Controls Applicable to Miscellaneous Revenue Collections, and Special
Welfare Fund; that the Committee tabled the Interim Report on Cable TV
Franchise Fees until the next Audit Cou~ittee meeting; that the Committee
received the proposed Policy for Electronic Data Processing Audit by the
Municipal Auditor, that the City Manager requested time to review this
proposed policy, and the Committee deferred consideration of the policy
until the next meeting; and the Co~ittee went into Executive Session to
consider a personnel matter.
(For full text, see Minutes on file in the City Clerk's Office.)
Mr. Harvey moved that the Minutes be received and filed. The motion
was seconded by Dr. Butler and unanimously adopted.
WATER DEPARTMENT% Council member Robert A. Garland, Chairman of the
Committee appointed by the Mayor to study bids received for gunite walls of
Crystal Spring Reservoir, submitted a written report of the Committee,
recu~uuendlng that the lump sum contract be awarded to National Pools of
Roanoke, Inc., for the sum of $43,850.00 and 49 consecutive calendar days,
and that a project contingency of $4,550.00 be established.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#26222) AN ORDINANCE accepting the bid of National Pools of Roanoke,
Inc., for the installation of gunite on the walls of the Crystal Spring
Reservoir and for certain other work, upon certain terms and conditions,
and awarding a contract therefor; authorizing the appropriate City officials
to execute the requisite contract for such work; rejecting all other bids
made to the City for such work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 363.)
Mr. Garland umved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Musser, Trout~ Bowles, Butler, Garland, Harvey,
and Mayor Taylor ........................................................ 7.
NAYS: None ..................................................... 0.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
AIRPORT-CITY PROPERTY: Ordinance No. 26210 providing for the City's
lease to the United States of America of real estate at Roanoke Municipal
Airport, Woodrum Field, for a localizer antenna structure, having previously
been before the Council for its first reading on Tuesday, September 7,
1982, 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:
274
ACTION:
ACTION:
ACTION:
(#26210) AN ORDINANCE providing for the City's lease to the United
States of America of real estate at Roanoke Municipal Airport, Woodrum
Field, for a localizer antenna structure.
(For full text of Ordinance, see Ordinance Book No. 47, page 358.)
Mr. Harvey moved the adoption of the Ordinance. The motion was seconded
by Mr. Trout ap~ adopted by the following vote: ,
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor ...................................................... 7.
NAYS: None ......................................................... O.
NATIONAL LEAGUE OF CITIES-COUNCIL-CITY GOVERNMENT: Mr. Musser offered
the following Resolution designating Mayor Noel C. Taylor as the Voting
Delegate and Council -~mber Elizabeth T. Bowles as the Alternate Voting
Delegate for the Annual Business Session of the Congress of Cities to be
held in Los Angeles, California, on December 1, 1982:
(#26223) A RESOLUTION designating a Voting Delegate and Alternate
Voting Delegate for the Annual Business Session of the Congress of Cities.
(For full text of Resolution, see Resolution Book No. 47, page 363.)
Mr. Musser moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor ........................................................ 7.
NAYS: None ....................................................... O.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
COUNCIL: In view of the lateness of the hour, Mr. Harvey requested
the concurrence of Council to defer his Executive Session to discuss a
personnel matter until the next regular meeting of Council on September 27,
1982; whereupon, Mrs. Bowles moved that Council concur in the request. The
motion was seconded by Dr. Butler and unanimously adopted.
OTHER HEARINGS OF CITIZENS: NONE.
At 11:30 p.m., the Mayor declared the meeting recessed.
At 11:35 p.m., themeeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all members of the Council present.
YOUTH: The Mayor advised that there is a vacancy on the Youth Services
Citizen Board created by the resignation of Mr. Timothy T. Mistele for a
term of three years ending May 31, 1985, and called for nominations to fill
the vacancy.
Mrs. Bowles placed in nomination the name of Miss Tracey K. Parker.
There being no further nominations, Miss Parker was appointed as a
member of the Youth Services Citizen Board for a term of three years ending
May 31, 1985, by the following vote:
FOR MISS PARKER: Council members Musser, Trout, Bowles, Butler,
Garland, Harvey and Mayor Taylor ........................................... 7.
275
There betn~ no luther business, the Hayor declared the meeting adjourned
at 11:40 p.m.
ATTEST
APPROVED
City Clerk Mayor
276
KEGULAI~I~EKL¥ SESSION ..... ROANOKE CITY COUNCIL
September 27, 1982
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the Council
Chamber in the Municipal Building, City of Roanoke, on Monday, September 27, 1982, at
2:00 p.m., the regular meeting hour, with Mayor Noel C. Taylor presiding.
PRESENT: Council members James O. Trout, Elizabeth T. Bowles, Wendell H.
Butler, Robert A. Garland, James G. Harvey, II, Howard E. Musser and Mayor Noel C.
Taylor ....................................................................... 7.
ABSENT: None .......................................................... 0.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. W. Robert Herbert,
Assistant City Manager; Mr. Wilburn C. Dibling, Jr., City Attorney; Mr. Joel M.
Schlanger, Director of Finance; and Ms. Mary F. Parker, City Clerk.
The invocation was delivered by Mayor Noel C. Taylor.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Taylor.
PROCLAMATIONS: The Mayor presented a proclamation declaring the first day
of October, 1982, as Youth Appreciation Day in the City of Roanoke.
(For full text, see proclamation on file in the City Clerk's Office.)
CELEBRATIONS: The Mayor advised that on the occasion of Roanoke's Centennial
celebration, First & Merchants National Bank has presented to the City a Centennial
documentary entitled, "Name It Roanoke", which video production, featuring remembrances
and reflections of Roanoke's first 100 years, was made possible by grants from First &
Merchants National Bank and the Virginia Foundation for the Humanities and Public
Policy and was produced by WBRA-TV Channel 15.
On behalf of the City of Roanoke, Mayor Taylor expressed appreciation to the
First & Merchants National Bank.
BID OPENINGS:
AIRPORT: Pursuant to notice of advertisement for bids for runway crack
sealing, Runways 5/23 and 5/33 at Roanoke Municipal Airport, Woodrum Field~
said proposals to be received by the City Clerk until 1:30 p.m., on Monday,
September 27, 1982, and to be held, opened and read before the Council at
2:00 p.m., or as soon thereafter as the matter may be heard on that date,
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:
Central Atlantic Contractors, Inc.
John A Hall and Company, Inc.
$ 37,323.00
53,400.00
ACTION:
Dr. Butler moved that the bids be referred to a committee to be appointed
by the Mayor for tabulation~ report and recommendation to Council. The
motion was seconded by Mr. Harvey and unanimously adopted.
ACTION:
The Mayor appointed Messrs. Robert A. Garland, Chairman, Kit B. Kiser
and Robert C. Poole as members of the committee.
SIDEWALK-CURB AND GUTTER-STREETS AND ALLEYS: Pursuant to notice of
advertisement for bids for new curb and gutter, entrances, and paving on
Melcher Street, said proposals to be received by the City Clerk until 1:30
p.m., on Monday, September 27, 1982, and to be held, opened and read before
277
ACTION:
ACTION:
ACTION:
ACTION:
the Council at 2:00 p.m., or as soon thereafter as the matter may be heard
on that date, the Hayor asked if anyone had any questions abaut the advertise-
ment 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:
L. H. Sawyer Paving Company, Inc.
H & S Construction Company
S. R. Draper Paving Company, Inc.
$ 40,647.50
40,816.25
43,516.25
Dr. Butler moved that the bids be referred to a committee to be appointed
by the Mayor for tabulation, report and recommendation to Council, The
motion was seconded by Mr. Harvey and unanimously adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman, Thomas F.
Brady and Richard B. Burrow 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 will be enacted by
one motion in the forms listed on the agenda and if discussion is desired,
that item will be removed from the Consent Agenda and considered separately.
He noted that he had requested an Executive Session to discuss a personnel
matter relating to vacancies on various authorities, boards, commissions and
committees appointed by Council; that Mr. Harvey had requested an Executive
Session to discuss a personnel matter; and Mr. Trout had requested an Executive
Session to discuss a matter relating to acquisition of real estate.
MINUTES: Minutes of the regular meeting of Council held on Tuesday,
September 7, 1982, were before the body.
(For full text, see Minutes on file in the City Clerk's Office.)
Mr. Trout moved that the reading of the Minutes be dispensed with and
that the Minutes be approved as recorded. The motion was seconded by Mr.
Musser and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ....................................................... 7.
NAYS: None ....................................................... O.
COUNCIL: A com~mnication from Mayor Noel C. Taylor requesting an
Executive Sessign to discuss personnel matters relating to vacancies on
various authorities, boards, commlssions and committees appointed by Council,
pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950), as amended,
was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request to convene in Execu-
tive Session to discuss a personnel matter pursuant to Section 2.1-344 (a)
(1), Code of Virginia (1950), as amended. The motion was seconded by Mr.
Musser and adopted by the following vote:
AYES: Council members Trout, Bowies, Butler, Garland, Harvey, Musser,
and Mayor Taylor ........................................................... 7.
NAY S: None ........................................................... 0.
COUNCIL: A communication from Council member James G. Harvey, II,
requesting an Executive Session to discuss a personnel matter pursuant to
Section 2.1-344 (a) (1), Code of Virginia (1950), as amended, was before
Council.
(For full text, see communication on file in the City Clerk's Office.)
278
ACT ION:
ACTION:
ACTION:
ACTION:
Mr. Trout moved that Council concur in the request to convene in
Executive Session to discuss a personnel matter pursuant to Section 2.1-344
(a) (1), Code of Virginia (1950), as amended. ~he motion was seconded by
Hr. Husser and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Husser
and Hayor Taylor .............................................. ~ ....... 7.
NAYS: None ......................................................... O.
COUNCIL: A communication from Council ~ember James O. Trout requesting
that Council meet in Executive Session to discuss acquisition of real
estate pursuant to Section 2,1-344 (a) (2), Code of Virginia (1950), as
amended, was before the body,
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council convene in Executive session to discuss
acquisition of real estate pursuant to Section 2.1-344 (a) (2), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Husser and
adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor .......................................................... 7.
NAYS: None ......................................................... 0.
CITY CLERK-DIRECTOR OF F~NAiqCE-MUNICIPAL AUDiTOR-CITY ATTORNEY: The
qualification of Ms. Mary F. Parker as City Clerk, Mr. Joel M. Schlanger as
Director of Finance, Mr. William L. Brogan as Municipal Auditor, and Mr.
Wilburn C. Dibling, Jr., as City Attorney, for terms of two years each
commencing October 1, 1982, and ending September 30, 1984, was before
Council.
(See Oaths of Office on file in the City Clerk's Office,,)
Mr. %rout moved that the reports of qualification be received and
filed. The motion was seconded by Mr. Musser and adopted by the following
vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ......................................................... 7.
NAYS: None ......................................................... O.
LIBRARIES: The qualification of Mr. Evans B, Jessee as a member of
the Roanoke City Public Library Board for a term of three years ending June
30, 1985, was before Council.
(See Oath of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Musser and adopted by the following
vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor .......................................................... 7.
NAYS: None ........................................................... O.
ROANOKE CIVIC CENTER: The qualification of Mrs. Genevieve G. Dickin-
son and Mr. Horace S. Fitzpatrick as members of the Roanoke Civic Center
Commission for terms of three years each ending September 30, 1985, was
before Council.
(See Oaths of Office on file in the City Clerk's Office.)
279
ACTION:
ACTION:
ACTION:
ACTION:
Mr. Trout moved that the reports of qualification be received and
filed. The motion was seconded by Mr. Musser and adopted by the following
vote:
AYES: Council ~mhers Trout, Bowles, Butler, Garland, Harvey, ~usser
and Mayor Taylor ........................................................ 7.
NAYS: None .......................................................... O.
AIRPORT: The qualifiqation of Mr. Sidn-ey A. Weinstein as a member of
the Airport Advisory Commission for a term of four years ending June 30,
1986, was before Council.
(See Oath of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Musser av~ adopted by the following
vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor .......................................................... 7.
NAYS: None ........................................................ 0.
BUILDINGS: The qualification of Mr. Elmer O. Rodes, Jr., as a member
of the Board of Adjustments and Appeals, Building Code, for a term of five
years ending September 30, 1987, was before Council.
(See Oath of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Musser and adopted by the following
vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ........................................................ 7.
NAYS: None .......................................................... O.
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
INDUSTRIES: A communication from Mr. Horace G. Fralin tendering his
resignation as a member of the Industrial Development Authority, was before
Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that the resignation be accepted with regret, effec-
tive September 16, 1982~ and that the communication be received and filed.
The motion was seconded by Mr. Musser and unanimously adopted.
TAXES: A communication from Council member Elizabeth T. Bowles recom-
mending that Council waive the City's annual motor vehicle license 'tax for
former prisoners of war, advising that the State has provided for special
vehicle license plates for former prisoners of war since 1977, and at the
1982 Session of the General Assembly, the State amended its statute to
provide for elimination of the State vehicle license fee for these special
licenses for former prisoners of war, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
ACTION: Mrs. Bowles offered the following emergency Ordinance:
28O
ACTION:
ACTION:
(#26224) AN ORDINANCE amending and reordaining Section 20-28, Tax
imposed, of the Code of the City of Roanoke (1979), as amended, by the
addition of a new subsection (b) and the redesignation of present subsection
(b), as subsection (c), such new subsection to provide that no annual
license tax shall be imposed on one motor vehicle of certain former prisoners
of war; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 366.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ...................................................... 7.
NAYS: None .......................................................... O.
BUDGET-SCHOOLS: A communication from the Roanoke City School Board
requesting that $55,796.07 be appropriated to ABE/DIAL Program to provide
adult basic education for persons who have not completed high school, said
appropriation to be totally reimbursed by federal funds, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
In this connection, a report of the Director of Finance advising that
he has reviewed the request, that funding of $55,796.07 will be from federal
funds and the City has previously approved a local match of $18,515.00, and
recommending that Council concur in the request, was before the body.
(For full text, see report on file in the City' Clerk's Office,)
Mr. Trout offered the following emergency Ordinance:
(#26225) AN ORDINANCE to amend and reordain certain sections of the
1982-83 Grant Fund Appropriations and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 367.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor .......................................................... 7.
NAYS: None .......................................... ~ .............. 0.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
ADVERTISING-PROMOTIONAL BROCHURES-CITY GOVERNMENT: The City Mannger
submitted a written report presenting to the Councila promotional brochure
entitled "you're in beautiful company in roanoke, virginia."
(See brochure on file in. the City Clerk's Office.)
ITEMS RECOMMENDED FOR ACTION:
SEWERS AND STORM DRAINS: The City Manager submitted a written report
concerning the original estimate for dewatering and disposing of dewatered
sludge, and reconciliation of the City of Richmond's sewage rates.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that action on the report be deferred until the next
regular meeting of Council on Monday, October 4, 1982. The motion was
seconded by Mr. Musser and unanimously adopted.
281
ACTION:
COURTS FACILITY: The City Manager submitted~ a written report advising
that construction contract for the Courts facility, approved by Ordinance
No. 25253 was for $8,664,000.00 witch R. E. Lee gn~ Son, Inc.; that change
orders to date have added $92,239.92 to the original contract, bringing the
total for construction to date to $8,.756,239.92.
Hr. Ewert advised that the current situation is that signage for the
Courts facility was designed by Hayes, Seay, Mattern and Mattern and
given to the contractor to solicit prices for purchase and installation,
and the contractor quoted the sum of $14,771.00 to provide and install
signage as designed.
The City Manager recommended that Council approve issuance of change
Order No. 16 to the contract with R. E. Lee and Son, Inc., for the sum of
$14,771.00 for the Courts facility signage purchase and installation,
bringing the total amount of the contract to $8,771,010.92.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#26226) AN ORDINANCE approving the City Manager's issuance of a
Change Order to the City's contract with R. E. Lee & Sons, Inc. for pur-
chase and installation of Roanoke City Courts Facility's signage; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 367.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ......................................................... 7.
NAYS: None ........................................................ O.
CETA-PUBLIC ASSISTANCE: The City Manager submitted a written report
advising that CETA On-the-Job-Training Program has as its nature and purpose
the employment and training of economically disadvantaged individuals and
under the O. J. T. Program all persons hired by the employer become regular,
full-time employees at the time of their employment.
Mr. Ewert pointed out that the City of Roanoke desires to enter into
an O. J. T. Contract with the Fifth District Employment and Training Consortium
for the employment and training of a Nursing Assistant at the Nursing Home;
that the State Department of Health requires 80 hours of geriatric nursing
training for all nursing assistants; that the Nursing Home is in need of
qualified male nursing assistants and the Personnel Department finds it
very difficult to recruit males with the proper training; that the Fifth
District Employment and Training Consortium has agreed to recruit and train
participants for the nursing assistant position; that the employee would
receive training at Roanoke County Vocational School and CETA would furnish
$100.00 toward tuition, $15.00 toward books, $45.00 toward uniforms, $5.00
toward supplies for a total training cost of $165.00; and the City could
receive reimbursement on 850 hours of employment at $2.00 per hour (approxi-
mately 1/2 of the hourly salary) for a total of $1,700.00.
The City Manager recommended that Council authorize him to designate
the Director of Human Resources to execute the O. J. T. Contract with the
Fifth District Employment and Training Consortium; and that he be authorized
to designate the Director of Human Resources to execute, with approval of
the City Attorney, future O. J. T. Contracts with the Consortium.
(For full text, see report on file in the City Clerk's Office.)
ACTION: Mrs. Bowles offered the following Resolution:
ACTION:
(#26227) A RESOLUTION authorizing the execution of contracts with the
Fifth District Employment and Training Consortium for the employment and
training of individuals through the Cemprehensive Employment amd Trainimg
Act On-the-Job Training Program.
(For full text of Resolution, see Resolution Book No. 47, page 368.)
Mrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey Musser
and Mayor Taylor ........................................................ 7.
NAYS: None ..................................................... O.
AIRPORT-SALE/PURCHASE OF PROPERTY: The City Manager submitted a
written report advising that an Environmental Impact Assessment Report done
in conjunction with planning for the extension of Runway 23 to the northeast
identified areas with high noise impact in the entire airport area and this
report was submitted to the FAA in December, 1979; that the FAA, based upon
the report, encouraged the City to apply for a grant to acquire properties
affected by a certain level of noise, as shown on an attached list (see
Attachment A); that Council, by Ordinance No. 25273 authorized the City
Manager to prepare and submit grant applications for funds to acquire
properties identified by the Environmental Impact Assessment Report to be
adversely affected by noise; and ADAP Grant No. 6-51-0045-12 is the result
of the City's application, and funds have been made available for this land
acquisition by Ordinance No. 25505.
~tr. Ewert noted that the present situation is that Council needs to
adopt an Ordinance specifically authorizing acquisition of properties
identified by the Environmental Impact Assessment Report as affected by
excessive noise with funds from a grant authorized by Ordinance No. 25273,
dated August 11, 1980.
The City Manager recom-~nded purchase of properties affected by a
certain level of noise from Howard E. and Mary M. Sizemore, Samuel T. and
Doris S. Cundiff, Homer E. and Hettie J. Wade, Ted G. and Ruby M. Shinault,
Clifford E. and Margaret P. Smith, J. Wiley and Margaret M. Shepherd, Lee
C., Sr. and Cathleen Hartman, Willie H. and Teresa B. English, Ralph K. end
Carole ¥. Smith, Builders Investment Group amd Samuel D. and Iris L. Withers.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency Ordinance:
(#26228) AN ORDINANCE providing for the acquisition of certain real
estate which may be affected by certain levels of noise from Roanoke Munici-
pal Airport, Woodrum Field; fixing a certain limit of consideration to be
offered by the City for all the parcels; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 368.)
Mr. Harvey moved the adoption of the Ordinance. The motion was seconded
by Mr. Musser and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ........................................................ 7.
NAYS: None ......................................................... 0.
FLOODS-HURRICANES: The City Manager submitted a written report advising
that he concurs in the report of the Flood Plain Co--w~ttee with regard to
support for letter of intent to be a local sponsor - Corps of Engineers
Roanoke River Flood Project; that options on a letter of intent are that
the City write a letter of intent to be the local sponsor on that portion
of the project within the City limits, that the City write a letter of
intent to join sponsors of the entire project, or that the City write a
letter of intent to be the local sponsor on that portion of the project
with each interested local government writing separate letters of intent.
283
ACTION:
ACTION:
Hr. Ewert pointed out that all cost and benefit n,,~hers relate to 1982
dollars; that actual decisions for sharing of costs should be made at the
time Congress has approved and funded the project and a definite financial
co~ttment to be local sponsor is made; that the City is not obligated for
any local funds, including project design funding as the result of a
letter of intent; and the City has the ultt~te control of aesthetics and
community interest because, in the final analysis, there will never be a
project umless the City approves the plans and provides the local funding.
The City Manager recommended that Council adopt a Resolution authoriz-
ing a letter of intent to be the local sponsor for that portion of the
project physically located in the City of Roanoke, or willingness to join
with one or more local governments to be the local sponsor for all or for
that portion of the project which is mutually agreeable and stipulate that
the letter of intent does not co,~tt local funds now or in the future.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the City Manager be authorized to forward the
recommended letter of intent to the Corps of Engineers. The motion was
seconded by Hr. Garland and unanimously adopted.
MUNICIPAL BUILDING: The City Manager submitted a written report with
regard to emergency repair work performed as a result of the Municipal
Building electrical fire, advising that the fire occured at 12:05 p.m., on
Thursday, September 16, 1982, in one of two main electrical switchgear
panels in the Municipal Building in the electrical equipment room on the
first floor; that ~mmediate electrical repair was required because second,
third and fourth floors of the Municipal Building were without power,
and repair service was procured and performed by Davis H. Elliot Company,
Inc.
Mr. Ewert noted that the action was taken in compliance with Section
41 of the City Charter and a full accounting of the cost of repairs ($25,000.00
present estimate) and a recommendation of funding sources will be presented
to Council as quickly as all the bills are received.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following Resolution:
(#26229) A RESOLUTION ratifying an emergency purchase of electrical
repair service.
(For full text of Resolution, see Resolution Book No. 47, page 369.)
Mr. Harvey moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor .............. 7.
NAYS: None ........... 0.
CITY ATTORNEY:
COUNCIL: The City Attorney submitted a written report advising that
at the September 6, 1982 meeting of Council his office was requested to
prepare the proper measure establishing certain reqularly scheduled meetings
of Council in the four quadrants of the City, and transmitting said measure
for the consideration of Council.
(For full text, see report on file in the City Clerk's Office.)
ACTION: Mr. Harvey offered the following Resolution:
284
ACT ION:
ACTION:
(~26230) A RESOLUTION establishing the location of certain regular
meetings of the Council of the City of Roanoke.
(For full text of Resolution, see Resolution Book No. 47, page 369.)
Mr. Harvey moved the adoption of the Resolution. The mOtion was
seconded by Hr. Husser and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, ltarvey, Musser
and Mayor Taylor ...................................................... 7.
NAYS: None- .................................................... O.
DIRECTOR OF FINANCE:
BUDGET-HOUSING-PLANNING: The Director of Finance submitted a written
report advising that the appropriation of parking lot income and program
income from the Roanoke Redevelopment and Housing Authority were greater
than the amount actually received by the City of Roanoke; that parking lot
income and program income received for the quarter ending June 30, 1982,
was appropriated to two separate budget Ordinances.
Mr. Schlanger recommended that Council adopt a budget Ordinance that
decreases the appropriation to the amount actually received, and this
action is necessary to balance appropriations to revenue actually received.
He pointed out that the Department of Housing and Urban Development
has increased the City's 1978 program year entitlement by $5,080.31, that
these funds had been set aside for use by H.U.D. for repayment of urban
renewal loans but have been released to the City of Roanoke and the City
has received an increase of $5,080.31 to its existing letter of credit for
C.D.B.G. funds, and recommending that Council adopt an Ordinance that
increases C.D.B.G. Program Year 1978 appropriation and revenue estimate by
$5,080.31.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#26231) AN ORDINANCE to amend and reordain certain sections of the
1982-83 Grant Programs Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 370.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council me~bers Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor .................................................... 7.
NAYS: None ........................................................ O.
FINANCIAL REPORT: The Director of Finance submitted the financial
report for the month of August, 1982.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that the report be received and filed. The motion
was seconded by Dr. Butler and unanimously adopted.
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
285
ACTION:
ACTION:
ACTION:
ZONING: Ordfu,%ance No. 26214 amemdlng Section 36-97, Uses amd struc-
tures permitted as special exceptioms, of Divisiom 4, RG-1 and RG-2, General
Residential Districts, of Article III, District Regulations, of Chapter 36,
Zomins, Code of the City of Roamoke (1979), as amended, havimg previously
been before the Council for its first reading on Monday, September 13, 1982,
read a~d adopted on its first reading and laid over, was agaim before the
body, Mr. Trout offering the following for its secomd reading ced final
adoption:
(#26214) AN ORDINANCE amending Section 36-97, Uses and structures
permitted as special exceptions, of Division 4, RG-1 and RG-2, General
Residential Districts, of Article III, District Regulations, of Chapter 36,
Zonins, Code of the City of Roanoke (1979), as ameeded.
(For full text of Ordinance, see Ordinance Book No. 47, page 364.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey and
Musser ................................................................ 6.
NAYS: None O.
(Mayor Taylor abstained from voting because he serves on the Board of
Directors of Roanoke Mamorial Hospital.)
STREETS AND ALLEYS: Ordinance No. 26215 permanently vacating, discontinuing
and closing a portion of Lone Oak Avenue, N. E., consisting of approxlm~tely
204 feet, bounded on the east by the property of Wilson Trucking Corporation,
on the north by Lot 1, Section 9, Oakland Survey, on the west by Colgate
Street, N. E., and on the south by Lots 22 - 25, Section 5, Oakland Survey,
having previously been before the Council for its first reading on Monday,
September 13, 1982, 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:
(#26215) AN ORDINANCE permanently vacating, discontinuing and closing
a portion of Lone Oak Avenue, N. E., in the City of Roanoke, Virginia, as
is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 47, page 364.)
Mr. Musser moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ..................... 7.
NAYS: None ...................................................... O.
SUBDIVISIONS: Ordinance No. 26216 adding a new Section 31-8 to the
Code of the City of Roanoke (1979), as amended, to provide in the City's
subdivision regulations for a method of altering the boundary lines of
existing lots and parcels, having previously been before the Council for
its first reading on Monday, September 13, 1982, 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:
(#26216) AN ORDINANCE adding a new Section 31-8 to the Code of the
City of Roanoke (1979) as amended, to provide in the City's subdivision
regulations for a method of altering the boundary lines of existing lots
and parcels.
(For full text of Ordinance, see Ordinance Book No. 47, page 365.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Dr. Butler and adopted by the following vote:
286
ACTION:
ACTION:
ACTION:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey,
Musser and Mayor Taylor ............................... 7.
NAYS: None-
ACTS OF ACKNOWLEDGEMENT-CELEBRATIONS: Council having instructed the
City Attorney to prepare the proper measure expressing appreciation to the
Town of Vinton for its Centennial gift of a painting of the Crystal Spring
Pump by Vinton artist Norris Coleman, Mr. Musser offered the following
Resolution:
(#26232) A RESOLUTION expressing appreciation to the Town of Vinton
for its Centennial gift.
(For full text of Resolution, see Resolution Book. No. 47, page 370.)
Mr. Musser moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ......................................................... 7.
NAYS: None .......................................................... 0.
ACTS OF ACKNOWLEDGEMENT-CELEBRATIONS: Council having instructed the
City Attorney to prepare the proper measure expressing appreciation to the
Roanoke Centennial Committee for securing the designation'.of a star in the
Ursa Minor Constellation to the City of Roanoke, he presented s~me; whereupon,
Mrs. Bowles offered the following Resolution:
(#26233) A RESOLUTION expressing appreciation to the Roanoke Centennial
Committee for securing the designation of a star in the Ursa Minor Constellation
to the City of Roanoke.
(For full text of Resolution, see Resolution Book No. 47, page 371.)
Mrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Masser
and Mayor Taylor .......................... ~_ ............................ 7.
NAYS: None ...................................................... 0.
WAR MEMORIAL: Council having instructed the City Attorney to prepare
the proper measure establishing a permanent War Memorial Committee to
supervise and direct expenditures from the Roanoke Valley War Memorial
Special Account and recognizing the Mayor's initial appointments to such
Committee, he presented same; whereupon, Mr. Harvey offerad the following
Resolution:
(#26234) A RESOLUTION establishing a permanent War Memorial Committee
to supervise and direct expenditures from the Roanoke Valley War Memorial
Special Account and recognizing the Mayor's initial appointments to such
Committee.
(For full text of Resolution, see Resolution Book No. 47, page 371.)
Mr. Harvey moved the adoption of the Resolution. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ........................................................ 7.
NAYS: None .......................................................... O.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
A~TION:
A~EST:
287
PENSIONS: )ir. Trout moved that the Mayor be requested to forward a
co~munication to the Chairman of the ~lvisory ComaE[tree appointed to review
the Employees' Retirement System to ask that the committee co~lete its work
and report its findings and reco~-~n~ations to Council at the earliest possible
date. The motion was seconded by Mr. Musser a~d unanimously adopted.
OTHER HEARINGS OF CITIZENS: NONE.
At 3:05 p.m., the Mayor declared the meetimg recessed.
At 3:55 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding and all members of the Council present.
With reference to his Executive Session on a personnel matter, Mr.
Harvey advised that he would like to defer action on the matter until the
next regular meeting of Council on Monday, October 4, 1982, in order that
certain parties may meet to discuss the matter in more detail and additional
information may be submitted to the members of Council.
There being no further business, the Mayor declared the meeting adjourned
at 4:00 p.m.
City Clerk
APPROVED
Mayor
288
REGULAR WEEKLY SESSION ..... ROAI~OKE CITY COUNCIL
October 4, 1982
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the Council Chamber
in the Municipal Building, City of Roanoke, on Monday, October 4, 1982, at 2:00 p.m., the
regular meeting hour, with Mayor Noel C. Taylor presiding.
PRESENT: Council members Elizabeth T. Bowles, Wendell H. Butler, Robert A.
Garland, James G. Harvey, II, Howard E. Musser, James O. Trout and Mayor Noel C. Taylor--7.
ABSENT: None .................................................................. 0.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. W. Robert Herbert, Assistant
City Manager; Mr. Wllburn C. Dibling, Jr., City Attorney; Mr. William X Parsons, Assistant
City Attorney; Mr. Joel M. Schlanger, Director of Finance; and Ms. Mary F. Parker, City
Clerk.
The invocation was delivered by the Reverend Frank W. Feather, Pastor, Forest
Park Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America was led by
Mayor Taylor.
CONSENT AGENDA:
ACTION:
The Mayor advised that all matters listed under the Consent Agenda are
considered to be routine by the City Council and will be enacted by one motion
in the forms listed on the Consent Agenda and if discussion is desired, that
item will be removed from the Consent Agenda and considered separately. He
noted that there are two Executive Sessions included on the Consent Agenda
concerning personnel matters relating to vacancies on various authorities,
boards, commissions and committees appointed by Council, and Mr. Harvey has
requested an Executive Session to discuss a personnel matter.. He also advised
that Dr. Butler has requested an Executive Session pursuant to Section 2.1-344
(a) (1) and (6), Code of Virginia (1950), as amended, and also involves a legal
matter within the jurisdiction of the governing body, the legal matter being
amendments currently under negotiation to a contract to which the city is a
party.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an Executive
Session to discuss personnel matters relating to vacancies on various authorities,
boards, com~ssions 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 convene in Executive Session to discuss
personnel matters relating to vacancies on various authorities, boards, commis-
sions and committees appointed by Council, pursuant to Section 2.1-344 (a) (1),
Code of Virginia (1950), as amended. The motion was seconded by Mr. Garland and
adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout and
Mayor Taylor .................................................................. 7.
NAYS: None ............................................................... O.
COUNCIL: A communication from Council member James G. Harvey, II,
an Executive Session to discuss a personnel matter pursuant to Section 2.1-344
(a) (1), Code of Virginia (1950), as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
ACTION:
ACTION:
ACTION:
289
Mrs. Bowles moved that Council convene in Executive Session to discuss a
personnel matter pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950),
as amended. The motion was seconded by Mr. Garland and adopted by the following
vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout, and
Mayor Taylor ............................................................... 7.
NAYS: None ............................................................... 0.
PENDING ITEMS: A list of items pending from February 7, 1977, through
September 27, 1982, 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. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout and
Mayor Taylor ................................................................ 7.
NAYS: None ......................................................... 0.
YOUTH SERVICES CITIZEN BOARD: The qualifiication of Miss Tracey K. Parker
as a member of the Youth Services Citizen Board for a term of three years ending
May 31, 1985, was before Council.
(See Oath 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. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout and
Mayor Taylor ................................................................. 7.
NAYS: None ............................................................ O.
COUNCIL: Dr. Butler orally requested that Council meet in Executive Session
pursuant to Section 2.1-344 (a) (1) and (6), Code of Virginia (1950), as amended,
and also involves a legal matter within the jurisdiction of the governing body,
the legal matter being amendments currently under negotiation to a contract to
which the city is a party.
Mrs. Bowles moved that Council convene in Executive Session pursuant to
Section 2.1-344 (a) (1) and (6), Code of Virginia (1950), as amended, and also
involves a legal matter within the Jurisdiction of the governing body, the legal
matter being amendments currently under negotiation to a contract to which the
city is a party. The motion was seconded by Mr. Garland and adopted by the
following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout and
Mayor Taylor ............................ 7.
NAYS: None ............................................................ 0.
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
FLAGS-COURTS FACILITY: A communication from Mr. Richard L. Greenberg,
President, Israel Friendlander Lodge of B'nai Brith, advising that Mr. Isadore
Steve Brody died on November 22, 1978, and during his lifetime, Mr. Brody contributed
much to the Roanoke Valley and was known best for his unwavering patriotism
which he displayed by donating American Flags to various institutions across the
Valley. He advised that a portion of Mr. Brody's estate was left to Beth Israel
290
ACT ION:
ACTION:
ACTION:
Synagogue to be used in a manner which would keep in mind his life, thoughts and
concerns; and charged with that responsibility, the Board of Directors of Beth
Israel resolved to create a trust fund which would donate and perpetually
care for American Flags throughout the Valley, chum the Steve Brody l~emorial
Flag Fund was conceived and created.
Mr. Greenberg advised that the dedication of the new Roanoke City Courts
Facility would be a fitting time to donate the first flag under the trust and
requested that such a presentation be made during the Courthouse dedication
program.
(For full text, see communication on file in the City Clerk's Office.}
Mr. Trout offered the following Resolution:
(#26235) A RESOLUTION in support and recognition of the provision of
American flags to the City of Roanoke by a certain trust fund operating and
known as the "Steve Brody Memorial Flag Fund".
(For full text of Resolution, see Resolution Book No. 47, page 372.)
Mr. Trout moved the adoption of the Resolution. The motion was seconded by
Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout and
Mayor Taylor ................................................................ 7.
NAYS: None .......................................................... O.
BOARD OF EQUALIZATION: A communication from the Honorable Ernest W. Ballou,
Judge, Twenty-third Judicial Circuit of Virginia, requesting that the amount
paid to members of the Board of Equalization be increased from $100.00 per day
to $125.00 per day, was before Council.
(For full text, see co~aunication on file in the City Clerk's Office.)
Mr. Garland moved that the request be referred to the City Manager for
study, report and recommendation to Council. The motion was seconded by Mr.
Trout and unanimously adopted.
BUDGET-SCHOOLS: A comunication from the Roanoke City School Board requesting
that Council appropriate funds for educational, health and guidance services
provided by Chapter I of the Education Consolidation and Improvement Act, said
program to be totally reimbursed by federal funds as follows: $237,516.94 Carryover
and $826,472.00, Winter 82-83, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
In this connection, a report of the Director of Finance advising that he
has reviewed the request for funds, that E.I.C.A. Chapter I Carryover and
E.I.C.A. Chapter I Winter 82-83 grants will be 100% reimbursed by federal funds,
and recommending that Council concur in the request, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#26236) AN ORDINANCE to amend and reordain certain sections of the 1982-
83 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 372.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded by
Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout and
Mayor Taylor .................................................................. 7.
NAYS: None ............................................................. O.
291
ACTION:
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-INTERMODAL TRANSPORTATION CENTER: The City Manager submitted a
written report advising that application for additional grant funds in the
amount of $1,048,215 for the Intermodal Transportation Terminal was authorized
by the GRTC Board of Directors and City Council, with the following breakdown of
funding:
UMTA Grant (80%)
VDH&T Grant (19%)
Local Share (1%)
$ 838,572.00
199,161.00
10~482.00
Total $1,048,215.00
He advised that UMTA grant contracts for $838,572.00 have been executed by the
GRTC; that VDH&T grant contracts for $199,161.00 have been executed by the City;
that appropriation of the local share was performed by Council on June 14, 1982;
amd appropriation of the VDH&T funds is now necessary for the continuation of
the project.
The City Manager recommended that Council adopt an Ordinance appropriating
$199,161.00 in VDH&T funds for transfer to GRTC for the Intermodal Transporta-
tion Terminal Project.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#26237) AN ORDINANCE to amend and reordain certain sections of the 1982-
83 Capital Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 374.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded by
Mr. Musser and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout and
Mayor Taylor ................................................................ 7.
NAYS: None ............................................................ 0.
EASEMENTS-APPALACHIAN POWER COMPANY-SCHOOLS: The City Manager sub~Lttted a
written report advising that Appalachian Power Company desires to acquire
easements in the area identified as the Huff Lane School property to provide
for a major relocation of their system around the Hershberger Road Improvement
project which will be overhang and guy wire easements only; that the poles will
be located five feet outside City property and the system will also serve the
proposed Valley View Mall and other parts of the City along Hershberger Road.
He further advised that Council must authorize the Mayor to execute the easement
document provided by Appalachian Power Company if the easement is to be legally
granted; and the School Board considered this matter at its regular meeting on
September 28, 1982, and approved the easement as proposed by APCO.
The City Manager recommended that Council authorize the Mayor to execute
the easements document provided by Appalachian Power Company, upon approval of
the document as to form by the City Attorney.
(For full text, see report on file in the City Clerk's Office.)
292
ACTION:
ACTION:
ACTION:
Dr. Butler moved that the following Ordinance be placed upon its first
reading:
(~26238) AN ORDINANCE authorizing and directing the proper City officials
to execute and deliver a deed of easement to the Appalachian Power Company.
The motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout and
Mayor Taylor ............................................................... 7.
NAYS: None ........................................................... O.
A communication from the Roanoke City School Board advising of its approval
of the request, was also before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harvey moved that the com~nunication be received and filed. The motion
was seconded by Dr. Butler and unanimously adopted.
CITY ATTORNEY:
BUILDINGS-PLUMBERS-ELECTRICAL INSPECTOR: The City Attorney submitted a
written report advising that in 1973 the State Board of Housing and Community
Development first adopted and promulgated certain regulations known as the Uni-
form Statewide Building Code of Virginia; that since this initial adoption, the
Board has periodically updated the Code; and these regulations have been adopted
as the Building Code for the City of Roanoke.
It was noted that the State Board of Housing and Community Development has
revised the USBC, effective July 16, 1982, and the revised Code is generally
applicable to buildings and structures commenced after that date.
In order for the City Code to conform to the pertinent provisions of the
State Code, Mr. Dibling recommended that the appropriate Ordinance be adopted by
Council.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#26239) AN ORDINANCE amending and reordaining Section 7-13, Adopted~
where copies filed, Section 7-50, Qualification of plumbers, and subsection (a)
of Section 7-71, Inspection of existing installations; correction of defects,
and repealing Section 7-110, Term; renewal, of the Code of the City of Roanoke
(1979), as amended, to incorporate the new Uniform Statewlde Building Code as
the Building Code of the City of Roanoke, to delete the requirement of annual
issuance of a certificate of qualification for plumbers and electricians and to
provide that the electrical inspector may reinspect electrical wiring and devices;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 374.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was seconded
by Mr. Musser and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout and
Mayor Taylor ............................................................... 7.
NAYS: None ........................................................... O.
LEGISLATION-TAXES: The City Attorney submitted a written report advising
that a joint subcommittee of the General Assembly is currently studying local
meal and transient occupancy taxes; and there is concern that these taxes may be
restricted or eliminated by legislation adopted at the 1983 Session of the
General Assembly.
293
ACTION:
Dr. Dibling pointed out that the City has adopted a transient occupancy
tax, and according to figures supplied to him by the Department of Firmnce, the
loss of revenue from this tax would require an increase in real estate taxes of
approximately two amd one-half cents for all real estate owners; that although
the City has not adopted a meal tax, Council may not want to lose the right to
adopt such a tax should it ever become necessary; and moreover, the meal and
transient occupancy taxes are the only means available for placing some of the
financial burden for services required by non-residents on such non-residents.
The City Attorney informed the Council that the Virginia Municipal League
has requested the adoption of a Resolution opposing elimination or limitation of
the meal and transient occupancy taxes, and he has prepared a Resolution for the
consideration of Council.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(#26240) A RESOLUTION opposing elimination or limitation of the meals and
transient occupancy taxes.
(For full text of Resolution, see Resolution Book No. 47, page 375.)
Mrs. Bowles moved the adoption of the Resolution.
by Mr. Garland and adopted by the following vote:
The motion was seconded
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout and
Mayor Taylor ................................................................. 7.
NAYS: None ............................................................. 0.
DIRECTOR OF FINANCE:
DIRECTOR OF FINANCE-TREASURER: The Director of Finance and the City Treasurer
submitted a joint written report advising that on February 1, 1982, Council
approved their recommendation that the Office of Billings and Collections and
the City Treasurer merge some of their functions, viz: the cashier function of
Billings and Collections for water and sewage payments, parking tickets and
other accounts would be substantially eliminated and transferred to the City
Treasurer, and concurrently, Billings and Collections would begin collection
activity on the delinquent tax accounts in the Treasurer's Office. They advised
of the four objectives that were to be achieved by the partial merger, noting
that the transition has gone exceptionally well; that special care has been
taken to assure that citizens are aware of the changes, and staff has had the
benefit of gradual on the job training experience in handling the accounts
affected by the merger.
It was pointed out that to complete the merger, certain remaining water
account activities need to be addressed; specifically, the Treasurer needs to be
granted the authority to make water deposit and final bill refunds in order to
comply with the agreements which are in effect with local banks who act as
collection agents; that Section 2-171 of the City Code requires the Treasurer to
"deposit intact, without any deduction ...", the total amount collected ...
during the previous day"; and this provision will not allow the Treasurer to
refund overpay~nents or deposits to customers. Mr. Schlanger and Mr. Peters
advised that they have discussed this problem with the Municipal Auditor and
they agree that water and sewage utility accounts should be exempted from the
provisions of this section.
They pointed out that the Municipal Auditor also concurs that Section 2-180
of the City Code should be amended to delete references to Billings and Collec-
tions and to insert references to the Treasurer, that this section should be
revised to indicate that collection agents are paid for their services by a
monthly billing, rather than by deducting the charge from collections and this
section should also be amended to delete the reference to a deposit account.
(For full text, see report on file in the City Clerk's Office.)
294
ACTION:
ACTION:
Mr. Harvey offered the following emergency Ordinance:
(#26241) AI~ ORDINANCE amending amd reordaining Section 2-171, Daily
deposits required, of the Code of the City of Roanoke (1979), as emended, to
provide that such section shall have no application to the Treasurer in his
collection of water amd sewer utility charges; amending and reordaining Sec-
tion 2-180, Payment of certain utility charges and taxes at local banks, to
substitute the City Treasurer for the Office of Billings and Collections as the
party having responsibility for the collection of water and sewage utility
charges on behalf of the City, deleting the requirement that a bank serving as
collecting agent retain a certain amount from each bill collected as its collec-
tion fee and providing for payment of banks serving as collecting agents on a
monthly basis; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 376.)
Mr. Harvey moved the adoption of the Ordinance. The motion was seconded by
Mr. Musser and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout and
Mayor Taylor ................................................................. 7.
HAYS: None .............................................................. O.
REPORTS OF COMMITTEES:
SALE/PURCHASE OF PROPERTY-CITY PROPERTY-SCHOOLS: Council member Elizabeth
T. Bowles, Chairman of the Water Resources Committee, presented a written report
of the Committee recomending that Roanoke Fashions Company be granted a six
month option to purchase the Jefferson High Annex property, described as Official
Tax No. 1113304, for $60,000.00, contingent upon certain stipulated rezoning and
street and alley closures, it being stipulated that the agreement to grant the
option does not prejudice future decisions on rezoning and street and alley
closings.
(For full text, see report and written correspondence on file in the City
Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its first
reading:
(#26242) AN ORDINANCE providing for the granting of an option to Roanoke
Fashions to purchase the former Jefferson High School Annex, under certain terms
and conditions.
The motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout and
Mayor Taylor ................................................................ 7.
NAYS: None ........................................................... 0.
AIRPORT: Council member Robert A. Garland, Chairman of the committee
appointed by the Mayor to tabulate bids received for Phase II construction of
the runway extension at Roanoke Municipal Airport, Woodrum Field, presented a
written report of the committee recommending that $7,188,098.00 be appropriated
to Grant Project Account and $511,545.00 be appropriated to Additional Local
Funds; that the Director of Finance be authorized to set up an account for the
following amounts receivable: from FAA - $6,469,288.00 and from DOA - $ 80,362.00;
that the bid of Wiley N. Jackson Company, in the amount of $6,492,993.24, be
accepted and that all other bids be rejected; authorize the City Manager, the
Director of Finance and the City Attorney to take such action necessary to
purchase the real property rights and interests at fair market value or, if
necessary, pursue acquisition through condemnation proceedings.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
ACTION:
ACTION:
ACTION:
Mr. Garland offered the following emergency Ordinance:
(#26243) A~ ORDINANCE to amend amd reordain certain sections of the 1982-
83 General and Airport Funds Appropriations, and providing for an ~mergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 377.)
Mr. Garland moved the adoption of the Ordinance. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout and
Mayor Taylor ................................................................ 7.
NAYS: None ........................................................... O.
Mr. Garland offered the following emergency Ordinance:
(#26244) AN ORDINANCE accepting the bid of Wiley N. Jackson Company for
construction of Runway 23 Extension, Phase II, including Alternate 4, Roanoke
Municipal Airport, Woodrum Field, upon certain terms and conditions, and award-
ing a contract therefor; authorizing the appropriate City officials to execute
the requisite contract for such work; rejecting all other bids made to the City
for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 377.)
Mr. Garland moved the adoption of the Ordinance. The motion was seconded
by Mr. Musser and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout and
Mayor Taylor ................................................................. 7.
NAYS: None .............................................................. O.
UNFINISHED BUSINESS:
SEWERS AND STORM DRAINS: The City Manager submitted a written report
concerning the original estimate for dewatering and disposing of dewatered
sludge, and reconciliation of the City of Richmond's sewage rates.
(For full text, see report on file in the City Clerk's Office.)
Following discussion of the report, Mr. Harvey moved that the report be
received and filed. The motion was seconded by Mr. Garland and unanimously
adopted.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
ACTS OF ACKNOWLEDGEMENT-CELEBRATIONS: Council having requested that the
City Attorney prepare the proper measure expressing appreciation to the First &
Merchants National Bank for its Centennial gift to the City of Roanoke a video
recording of the Centennial documentary, "Name It Roanoke," he presented same;
whereupon, Mr. Trout offered the following Resolution:
(#26245) A RESOLUTION expressing appreciation to the First & Merchants
National Bank for its Centennial gift to the City.
(For full text of Resolution, see Resolution Book No. 47, page 378.)
Mr. Trout moved the adoption of the Resolution. The motion was seconded by
Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout and
Mayor Taylor .................................................................. 7.
NAYS: None ............................................................... 0.
ACTION:
ACTION:
ACTION:
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
MANAGEMENT INFORMATION SERVICES-DIRECTOR OF FINANCE-BUDGET: Council having
previously requested that the City Manager submit a written report with regard
to photocopying expenses and transcript fees charged by the City, Mr. Harvey
moved that the City Manager be requested to submit his report to Council at its
Financial and Planning Session on Monday, October 18, 1982. The motion was
seconded by Mr. Musser and unanimously adopted.
OTHER HEARINGS OF CITIZENS: NONE.
At 2:40 p.m., the Mayor declared the meeting recessed.
At 3:45 p.m., the meeting reconvened in the Council Chamber, with Vice-
Mayor Musser presiding, and all members of the Council present, with the
exception of Mayor Taylor who left the meeting during the Executive Session at
3:00 p.m.
MUNICIPAL AUDITOR-CITY EMPLOYEES-BUDGET: Council member James G. Harvey,
II, Chairman of the Audit Committee, presented a written report advising that
the Committee considered, in detail, the Municipal Auditor's reco~endation
of the audit activity needed to provide an adequate level of audit assurance for
the City's financial transactions, and the committee agreed that the present
audit efforts should be expanded, particularly in the area of electronic data
processing, advising of the need for an additional auditor position; and trans-
mitting an Ordinance providing funds to support these activities.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency Ordinance:
(#26246) AN ORDINANCE to amend and reordain certain sections of the 1982-
83 General Fund Appropriation Ordinance, and providing for an emergency.
Mr. Harvey moved the adoption of the Ordinance. The ~otion was seconded
Dr. Butler and lost by the following'vote:
AYES: Council members Butler, Harvey, Trout and Vice-Mayor Musser ...... 4.
NAYS: Council members Bowles and Garland ............................ 2.
(Mayor Taylor was absent.)
In view of the fact that the Ordinance did not pass as an emergency measure,
the City Attorney advised that the emergency clause could be stricken, and the
Ordinance could be voted upon on its first reading; whereupon, Mr. Harvey moved
that the following Ordinance be placed upon its first reading:
(#26246) AN ORDINANCE to amend and reordain certain sections of the 1982-
83 General Fund Appropriation Ordinance.
The motion was seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Butler, Harvey, Trout and Vice-Mayor Musser ........ 4.
NAYS: Council members Bowles and Garland ................................. 2.
(Mayor Taylor was absent.)
Mrs. Bowles advised that she does not question the possible need for the
additional employee; however, the appropriate time for such a request to be
made was during budget study. She expressed concern that other departments
could also justify the need for additional employees.
Mr. Garland expressed concern about setting a precedent in authorizing
a new position three months into the new fiscal year, also advising that the
request should have been made during budget study. He too expressed concern
that other departments could justify the need for additional employees.
297
ACTION:
ACTION:
ATTEST:
ARCHITECTURAL REVIEW BOARD: The Vice-Mayor advised that the four year
terms of Ma. Susan M. Goode and Mr. Richard L. Meagher as members of the Archi-
tectural Review Board expired on October 1~ 1982, a~d called for nominations to
fill the vacancies.
Dr. Butler placed in nomination the name of Ms. Susan M. Goode and Mr.
Richard L. Meagher.
There being no further nominations, Ms. Goode and Mr. Meagher were reappoint-
ed as members of the Architectural Review Board for a term of four years each
ending October 1, 1986, by the following vote:
FOR MS. GOODE AND MI/. MEAGHER: Council members Bowles, Butler, Garland,
Harvey, Trout and Vice-Mayor Musser ........................................ 6.
(Mayor Taylor was absent.)
INDUSTRIES: The Vice-Mayor advised that the four year terms of Mr. W.
Bolling Izard and Mr. Robert W. Woody as members of the Industrial Development
Authority will expire on October 20, 1982, and called for nominations to fill
the upcoming vacancies.
Mrs. Bowles placed in nomination the name of Mr. W. Bolling Izard and Mr.
Robert W. Woody.
There being no further nominations~ Messrs. Izard and Woody were reappoint-
ed as Directors of the Industrial Development Authority for terms of four years
each ending October 20, 1986, by the following vote:
FOR MESSRS. IZARD AND WOODY: Council members Bowies, Butler, Garland,
Harvey, Trout and Vice-Mayor Musser ........................................ 6.
(Mayor Taylor was absent.)
There b~ing no further business, the Vice-Mayor declared the meeting
adjourned at 4:00 p.m.
City Clerk
APPROVED
Mayor
298
REGULAR NEEKLY SESSION .... ROANOKE CITY COUI/CIL
October 11~ 1982
7:30 p.m.
The Council of the City of Roanoke met in regular meeting in the Council
Chamber in the Municipal Building, City of Roanoke, om Monday, October 11, 1982, at
7:30 p.m., the regular meeting hour, with Vice-Mayor Howard E. Musser presiding.
PRESENT: Council members Wendell H., Butler, Robert A. Garland, James G.
Harvey, II, James O. Trout, and Vice-Mayor Howard E. Musser ..................... 5.
ABSENT: Council member Elizabeth T. Bowles and Mayor Noel C. Taylor--2.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. W. Robert Herbert,
Assistant City Manager; Mr. Wilburn C. Dibling, Jr., City Attorney; Mr. Joel M.
Schlanger, Director of Finance; and Ms. Mary F. Parker, City Clerk.
The invocation was delivered by The Reverend C. F. Frith, Retired Bap-
tist Chaplain.
The Pledge of Allegiance to the Flag of the United States of America was
led by Vice-Mayor Musser.
PUBLIC HEARINGS:
ZONING: Pursuant to Resolution No. 25523 the City Clerk advertised
a public hearing for Monday, October 11, 1982, at 7:30 pom., or as soon
thereafter as the matter may be heard in the Council Chamber, on the
request of L.O.P. Associates, a Virginia general partnership, that Lots
42, 43 and 44, Section 4, Winona Addition, located on the northerly side
of Colonial Avenue, and extending 150 feet west from the westerly side
of 23rd Street, S. W., designated as Official Tax Nos. 1270542, 1270543
and 1270544, be rezoned from RD, Duplex Residential District, to C-2,
General Commercial District, the matter was before the body.
Legal advertisement of the requested rezoning was published in the
Roanoke Times and World-News on Friday, September 24, 1982, and Friday,
October 1, 1982, morning editions.
(See publisher's affidavit on file in the City Clerk's Office.)
ACTION:
Dr. Butler moved that the following Ordinance be placed upon its
first reading:
(#26247) AN ORDINANCE to amend Sections 36-3 and 36-4, Code of
the City of Roanoke (1979), as amended, and Sheet No. 179, Sectional
1976 Zone Map, City of Roanoke, in relation to Zoning, subject to certain
conditions proffered by the petitioner.
The motion was seconded by Mr. Trout.
A report of the City Planning Commission recommending denial of the
requested rezoning, advising that C-2 zoning is not compatible with
neighborhood zoning or land use pattern, access to the site is inadequate
to serve the proposed use, given the existing traffic patterns in the
neighborhood, and C-2 zoning is inconsistent with the Comprehensive
Plan, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Alton B. Prillaman, Attorney, representing the petitioner,
appeared before Council in support of the request of his client, and
presented a petition signed by nine residents and businesspersons
residing or conducting business on or near the northerly side of Colonial
299
Aveuue, extending 150 feet west from the westerly side of 23rd Street, S. W.,
urging that Council rezone the property. It was noted that the basis of
the petition and the request for the rezouing is that due to the number of
commercial businesses, the Towers Shopping Center, and the Route 220
Expressway already in the area, the residential character of the neighbor-
hood is no longer maintained and this area is, in fact, a commercial
district.
(For full text, see petition on file in the City Clerk's Office.)
Mr. Earl B. Reynolds, Secretary, City Planning Commission, advised
that the Planning Co-~t~sion is opposed to the rezoning because of the
traffic situation on Colonial Avenue and 23rd Street, S. W., and the fact
that much of the area adjacent to the homes on 23rd Street that would
accomplish this development is residentially used, and the Planning Commission
feels that to rezone the subject property to C-2, General Commercial
District, will negatively impact the residential area.
Mr. Prilla~n advised that the City Planning Commission recommended
against the rezoning; however, the people who spoke at the Planning Commission
hearing stated that they would like to have the entire street rezoned to
commercial, but his clients cannot file a petition to rezone property
belonging to someone else. As proffered conditions, he presented a site
plan and stated that his clients will remodel the existing three structures;
that there will be no ingress and egress from Colonial Avenue, and his
clients will give eight feet of land to the City at the rear of the property
in order to widen the entrance to enable parking at the back of the property.
With regard to the proffered conditions, Mr. Reynolds advised that
the site plan was not proffered to the City Planning Commission as a part
of the proposal, and the petition was not presented to the Planning
sion; that all of the persons in attendance at the Planning Commission
meeting, as the report bears out, were concerned about the development and
not in favor of it; that Mr. Prillmmmn has not as yet obtained clients for
the proposed establishments and there is a strong poasibility that all the
clients might be retail and if that is true, the traffic volume will be
higher, and until it is known what is going in the structures, it will not
be known precisely what the traffic count will be in terms of persons
entering and leaving the site.
Following discussion of the request, during which time members of
Council raised various questions with regard to the rezoning, and no other
persons wishing to address Council with regard to the matter, the following
vote was recorded on Ordinance No. 26247 on its first reading:
AYES: Council members Garland, Harvey, Trout, Butler and Vice-Mayor
Musser .................................................................. 5.
NAYS: None ....... 2 ................................................. 0.
(Council member Bowles and Mayor Taylor were absent.)
CONSENT AGENDA:
The Vice-Mayor advised that all matters listed under the Consent
Agenda are considered by the Council to be routine and will be enacted by
one motion in the forms listed on the Consent Agenda and if discussion is
desired, that item will be removed from the Consent Agenda and considered
separately. Mayor Taylor had previously requested an Executive Session to
discuss a personnel matter relating to vacancies on various authorities,
boards, commissions and committees, and inasmuch as Mayor Taylor was
absent, Mr. Trout suggested that the item be removed from the Consent
Agenda. The Vice-Mayor advised of a request for an Executive Session by
the City Manager to discuss a matter involving the use and disposition of
real property for public purposes.
300
ACTION:
ACTION:
MINUTES: Minutes of the regular meeting of Council held on Monday,
September 13, 1982, and the regular m~eting of Council held on Monday,
September 27, 1982, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Trout moved that the reading of the minutes be dispensed with and
that the minutes be approved as recorded. The motion was seconded by Mr.
Garland and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Trout and Vice-Mayor
Musser ................................................................. 5.
NAYS: None ......................................................... 0.
(Council member Bowles and Mayor Taylor were absent.)
COUNCIL: A report of the City Manager requesting an Executive Session
to discuss a matter involving the use and disposition of real property for
public purposes, pursuant to Section 2.1-344 (a) (2), Code of Virginia
(1950), as amended, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council convene in Executive Session to discuss
a matter involving the uSe and disposition of real property for public
purposes, pursuant to Section 2.1-344 (a) (2), Code of Virginia (1950), as
emended. The motion was seconded by Mr. Garland and adopted by the following
vote:
AYES: Council members Butler, Garland, Harvey, Trout and Vice-Mayor
Musser ................................................................. 5.
NAYS: None ....................................................... 0.
(Council member Bowles and Mayor Taylor were absent.)
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
INSURANCE-CITY EMPLOYEES: Mr. William D. Jobe, President, Old Dominion
Lodge #1, Fraternal Order of Police, appeared before Council on behalf of
his organization and retired city employees, with regard to health insurance
coverage, noting that presently the average cost of a family plan for Blue
Cross - Blue Shield coverage is $90.33 per month, that $30.01 of that amount
is paid for by the City, leaving a cost for each employee of $60.52 per
month. He advised that retirement brings about the need for retirees to
continue coverage for their families in the health insurance area. Mr.
Jobe used as an example a police officer who retires at $700.00 per month
and is forced to assume a cost of $198.25 per month in order to retain the
same coverage he was getting while employed full-time for his family. If
the employee is making $700.00 per month in retirement, Mr. Jobe explained
that his retirement automatically is reduced to $501.75 per month before
any taxation or any other deduction from his check which brings his take
home pay to approximately $400.00 per month. He said many companies in
private industry retain their employees on a group plan after retirement,
and by retaining these employees on the group plan and allowing them to
assume the cost of their coverage, the City can provide these employees
with a $107.72 per month across the board pay raise because the cost now
is $198.00 when retired, and on the group plan, it is $90.00 noting that
this could be accomplished with little or minimal cost to the City.
In concluding, Mr. Jobe said if the City would implement this type of
retention in the health care field for its retirees, it would be one small
effort to show them that the City appreciates the fact that they devoted
301
ACTION:
ACTION:
most of their employed lives to the City of Roanoke. On behalf of his
organization and at their direction, he formally requested that Council
implement this type of retention in the health group plan area, with the
proper restriction on years of service, effective with the 1983-84 fiscal
year budget.
Mr. Trout moved that the request be referred to the City Manager and
the Director of Finance for study, report and recommendation to Council.
The motion was seconded by Mr. Garland and adopted.
PETITIONS AND COMMUNICATIONS:
PENSIONS-CITY ~iPLOYEES: The Director of Finance presented a written
report advising that Vice-Mayor Musser requested that he bring his recommenda-
tion to Council with regard to allowing credit for retirement purposes
between the ages of 65 - 70 for city employees. He pointed out that
Council adopted Ordinance No. 24512 which allowed employees to continue to
work between the ages of 65 - 70; however, the Ordinance did not allow the
employee any credit for service beyond age 65 and their retirement is
based on the following definition of average final compensation: "Average
final compensation shall mean the annual earnable compensation of a member
during his twelve consecutive months of creditable service yielding the
highest such average prior to reaching the age of sixty-five years."
Mr. Schlanger advised that the Mayor's Advisory Committee recommended
in its draft report that the definition be changed for all employees working
beyond age 65 - 70 as follows: "Average final compensation shall mean the
annual earnable compensation of a member during his twelve consecutive
months of creditable service yielding the highest such average prior to
reaching the age of seventy years."
The Director of Finance advised that in his report to Council dated
June 28, 1982, regarding the cost of living adjustments for retirees, he
also recommended that this change be made; that he feels strongly that any
employee working beyond the age of 65 should be given credit for any
salary adjustments from age 65 to 70, and recommended that Council adopt
the proposal change.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency Ordinance:
(#26248) AN ORDINANCE amending and reordaining the definition of
"average final compensation" as set forth in Section 22-14, Definitions,
and Section 22-35.1, Retirement abe, of the Code of the City of Roanoke
(1979), as amended, the amended sections authorizing retirement credit for
salary adjustments of an employee between the ages of sixty-five and
seventy; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 380.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Trout and Vice-Mayor
Musser .................................................................. 5.
NAYS: None ........................................................ O.
(Council member Bowles and Mayor Taylor were absent.)
RE~ORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
302
ACTION:
ACTION:
ITEMS RECOMMENDED FOR ACTION:
PARKS AND PLAYGROUNDS: The City Manager submitted a written report
advisimg that Mill Mountain Park, which also contains the Children's Zoo
amd Wildflower Garden, has suffered considerable vandalism and theft in
the recent past; and the anti-graffiti Ordinance, adopted by Council on
August 23, 1982, was in part intended to address the serious graffiti
problem at the park.
Mr. Ewert advised that the Mill Mountain Development Committee has.
suggested restricting access to the park at night to reduce vandalism and
theft; that the City Code provides that the public parks of the City shall
be closed daily between the hours of 11:00 p.m. and 6:00 a.m.; that the
City Attorney's Office has prepared an Ordinance closing a portion of
Prospect Road above the bridge, and the entrance road from the J. P.
Fishburn Parkway to Mill Mountain Park daily between the hours of 11:00
p.m., and 6:00 a.m.; and access to private properties along Prospect Road
will not be affected by the proposed Ordinance.
The City Manager recommended that Council adopt the Ordinance, and if
adopted, the City will install gates and advance warning signs relative to
gate closing hours along the subject access roads to enforce the Ordinance;
and arrangements will be made to allow area residents to go through the
Park gates during inclement weather and emergencies.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the Ordinance authorizing the City Manager to
close the access roads leading into Mill Mountain Park during certain
evening hours, be placed upon its first reading. The motion was seconded
by Mr. Garland.
Mr. M. Carl Andrews, Chairman, Mill Mountain Development C~m~ttee,
appeared before Council in support of the recommendation of the City
Manager.
Mr. W. B. Wallace representing Mrs. Jenny T. Henritze, 1321 Prospect
Road, S. E., appeared before Council and advised that a gate is proposed
to be installed near Mrs. Henritze's property, noting that the road was
built fifty years ago, it is very narrow, and people coming to the gate
will have to use the private property driveway of Mrs. Henritze to turn
around. He said that installation of a gate will maximize the problems
already being experienced by Mrs. Henritze insofar as vandalism, graffiti,
robberies, etc. He stated that it would behoove the City to consider what
will happen to Mrs. Henritze if the gate is installed, and suggested that
a sign be put up prior to installing a gate informing the public that
persons trespassing in the park after 11:00 p.m., will be arrested and
fined.
Mrs. Henritze advised that she has lived in peace and quiet on the
Mountain for the past fifty years and she does not want to spend the
remaining years of her life being fenced in. She said she is opposed to
installation of the gate and requested that Council give serious consideration
to the matter.
Mr. J. H. Johnson, 1103 Overland Road, S. W., appeared before Council
and urged that the City look into the possibility of installing the gate
at some distance before getting to the Henritze property.
Following considerable discussion of the matter, Mr. Harvey offered a
substitute motion that action on the matter be deferred pending investiga-
tion and report to Council relative to the concerns expressed by Mr.
Wallace on behalf of Mrs. Henritze. The motion was seconded by Dr. Butler
and adopted.
3O3
ACTION:
HOUSING: The City Manager submitted a written report advisimg that
Council authorized the City Manager to enter into a Cooperation Agreement
witN the Roanoke P~development an~ Housing Authority in November, 1979,
concerning up to 77 units of public housing to be acquired and undergo
substantial rehabilitation; that the Cooperation Agreement was executed on
September 25, 1980; that Section 8 (c) of the current Agreement states
that, "No more than the number of units designated on the attachment
identified as Exhibit A will be located in any census tract." (Exhibit A
is attached as Attachment A, showing the original dispersion of the 77
units, with the location of units that have been approved so far.); and
Section 9 of the current Agreement requires that the City Manager approve
each unit to be included.
Hr. Ewert advised that the projected cost of property purchase and
rehabilitation was based on 1979 costs and fewer units than the 77 units
originally expected can be bought and repaired at present day costs; that
the Redevelopment and Housing Authority has found that availability of
property at low cost is much better in some areas than others, and further-
more, per unit cost of rehabilitation of multi-unit structures, common in
some neighborhoods but almost absent in others, is much lower than the
cost of repair of single-family units; and revised limits of units per
census tract has been requested by the Redevelopment and Housing Authority.
The City Manager recommended that Council authorize him to execute an
amendment to the Cooperation Agreement with the Roanoke Redevelopment and
Housing Authority to replace the current Exhibit A (Attachment A to report)
with a new Exhibit A (Attachment B to report), thereby allowing greater
flexibility in the selection of houses for the Substantial Rehabilitation/
Public Housing Program, with said amendment to be approved as to form by
the City Attorney prior to execution.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler offered the following Resolution:
(#26249) A RESOLUTION authorizing and directing the City Manager to
enter into a written amendment to a certain Cooperation Agreement by and
between the City of Roanoke and the City of Roanoke Redevelopment and
Housing Authority.
(For full text of Resolution, see Resolution Book No. 47, page 381.)
Dr. Butler moved the adoption of the Resolution. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Trout and Vice-Mayor
Musser ................................................................ 5.
NAYS: None ........................................................ O.
(Council member Bowles and Mayor Taylor were absent.)
LONG-TERM CARE COORDINATION COMMI~fEE FOR THE IMPAIRED ELDERLY: The
City Manager submitted a written report advising that the appointment of
a State Long-Term Care Council, with Local Long-Term Coordinating Committee,
is required by Senate Bill 219 adopted at the last session of the General
Assembly; that Long-Term Care Council of the Co~onwealth will support the
development of community based resources for the impaired elderly in order
to assure a continuum of long-term care services; and the Long-Term Care
Coordinating Co~m~ttee, to assure that requirements of Senate Bill 219 are
met, will develop a local long-term care plan for approval by City Council
and submission to the State Long-Term Care Council, local services will be
coordinated so that the unique long-term care needs of the locality are
addressed and gaps in service are identified, encourage cooperation and
coordination between public agencies and the private sector to encourage
the development of community based long-term care services, and gather
data about the recipients of long-termcare services for submission to the
State's Long-Term Care Council.
ACTION:
M~. Ewert advised that the City Council is required by October 1S,
1982, to appoint a Long-Term Care Coordinating Committee and designate a
lead agency; that Local Lor~-Term Care Coordinating Committee membership,
as set forth in Senate Bill 219, shall be comprised of, but n~t limited to
heads of the following departments: Health, Social Services, Mental
Health Services and League of Older Americans. He further advised that
the lead agency would rotate among the agencies appointed to the Long-
Term Care Coordinating Committee as the State Council chairmanship rotatesi
that the ~n Resources Steering Committee, with all requirad department
heads participating, is already in existence with many of the same objectives
created under Senate Bill 2191 and the Local Long-Term Care Coordinating
Committee shall adhere to the following time table: March 1, 1983 - Local
governments will submit a draft of their local long-term care plan to the
State Council for review and comments; June 1, 1983 - Local governments
submit their final long-term care plan to the State Council; and July 1,
1983 - Local Long-Term Care Coordinating Committee will begin to coordinate
long-term care services based upon their plan.
The City Manager recommended that Council appoint a subcommittee of
the Human Resources Steering Committee consisting of department heads
listed under Current Situation II B to function as the Long-Term Care
Coordinating Committee, with the chairmanship rotating ~mong the membership
as the chairmanship of the State Council rotates which includes heads of
the following departments:
Health - Dr. E. J. Clarke, Jr.
Social Services - Mrs. Corinne B. Gott
Mental Health Services - Dr. Fred P. Roessel, Jr.
League of Older Americans - Mr. Richard Young
Roanoke Valley Council of Co,,~,nity Services - Mr. Raleigh Campbell;
and that the Local Long-Term Care Coordinating Committee be authorized by
Council to cooperate and participate with regional agencies in the studies
being made and data being gathered for the State Long-Term Care Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following Resolution:
(#26250) A RESOLUTION establishing a Long-Term Care Coordination
Committee for the Impaired Elderly, enumerating the objectives, duties and
responsibilities of such Co~ittee, providing for its membership, and
providing for other organizational matters.
(For full text of Resolution, see Resolution Book No. 47, page 381.)
Mr. Garland moved the adoption of the Resolution. The motion was
secoD~ed by Mr. Trout and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Trout and Vice-Mayor
Musser ............................................................. 5.
NAYS: None ....................................................... O.
(Council member Bowles and Mayor Taylor were absent.)
FIRE DEPARTMENT-GRANTS: The City ~nager submitted a written report
advising that the Virginia Department of Fire Programs has $91,400.00 this
fiscal year for fire training facilities for the entire Commonwealth; that
the Virginia Fire Chiefs have been invited to submit grant proposals for
these funds; that application requests $90,000.00 for a smoke house for
live fire training and an underground drafting pit for pumping evolutions;
that the facility would be used by all four Roanoke Valley Fire Departments
comprising 309 paid firefighters and 291 volunteer firefighters; and
filing deadline for grant application is October i5, 1982.
Mr. Ewert recommended that Council authorize him to file a grant
application for expansion of fire training facilities with the Commonwealth
of Virginia.
(For full text, see report on file in the City Clerk's Office.)
305
ACTION:
ACTION:
Mz. Trout moved that Council concur in the reco~-~udation. The
motion was seconded by Mr. Harvey and adopted.
INTERMODAL TRANSPORTATION CENTER-BUSES-GRANTS: The City Manager
submitted a written report advisin~ that the Ecooomic Development Administra-
tion grant funds have been combined with the Urban Mass Trasnportation
Administration and the Virginia Department of Highways and Transportation
to construct a Transportation Center; that design services contract was
executed with VVKR, Inc., on August 10, 1981, for the Transportation
Center; that contract with VVKR, Inc., for architectural and engineering
services, not to exceed $70,500.00 is funded 80% by EDA and 20% local
match; that scope of the project has been increased beyond the original
project prospectus and construction budget; that rebid of the project was
required, resulting in additional services from %rv"f,R, Inc., and insuffi-
cient funds to award a construction contract led to the rejection of bids
on July 12, 1982; and VVKR, Inc., has requested an increase in compensation
for services of $23,700.00 due to the increased scope and rebid services
for the EDA portion of the construction.
The City Manager recommended that Council authorize him to execute
Change Order No. 1 for $23,700.00 to the basic design services contract
with ¥¥KR, Inc., for design of the FDA portion of the Transportation
Center.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#26251) AN ORDINANCE approving the City Manager's issuance of
Change Order No. 1 to the City's contract with VVKR Incorporated for
architectural and engineering services identified as the EDA rehabilita-
tion components of the Transportation Station/Mini Mall; and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 383.)
Mr. Trout moved the adoption of the Ordinance. The motion was second-
ed by Mr. Garland and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Trout and Vice-Mayor
Musser ............................................................ 5.
NAYS: None ......................................................... O.
(Council member Bowles and Mayor Taylor were absent.)
INSURANCE: The City Manager submitted a written report advising that
Automotive Liability Insurance is required to provide necessary coverage
for the City's 534 licensed vehicles and funds are available in the fiscal
year 1982-83 Materials Control Account for this expenditure.
He advised that requests for proposals were solicited from Charles
Lunsford Sons and Associates; Davis and Stephenson; Chaney, Thomas, Stephenson
and Hill; Thomas Rutherfoord, Inc.; and Insurance Associates; that proposals
were received from three of the five agencies requested, and publicly
opened and read at 2:00 p.m., on Monday, September 13, 1982, in the Office
of the Manager of General Services; that present liability limits are
$100,000.00/$300,000.00/$50,000.00 and this coverage represents $100,000.00
maximum per individual, $300,000.00 maximum per claim for bodily injury,
and $50,000.00 maximum per claim for property damage; and recommended
liability limit is $500,000.00 single limit which represents a $500,000.00
maximum for any claim, be it bodily injury or property d-mmse.
The City Manager recommended that Council accept the lowest proposal
for Alternate No. 1, $500,000.00 single limit, Automotive Liability Insurance,
from Charles Lunsford and Associates, for the annual premium of $73,456.00.
(For full text, see report on file in the City Clerk's Office.)
306
ACTION:
ACTION:
Dr. Butler offered the following emergency Ordinance:
(#26252) AN ORDINANCE accepting the proposal of Charles Lunsford
Sons and Associates, Inc., to provide automobile liability insurance for
the City's licensed vehicles for a one year term; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 383.)
Dr. Butler moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Trout and Vice-Mayor
Musser .............................................................. 5.
NAYS: None ..................................................... 0.
(Council member Bowles and Mayor Taylor were absent.)
SEWERS AND STORM DRAINS: The City Manager submitted a written report
advising that Council at its meeting on June 28, 1982, authorized the
award of an engineering agreement to Clean Water Engineers, Inc., to
provide engineering services for investigation, recommendation, design and
construction inspection to resolve a raw sewage discharge problem in the
interceptor along Lick Run in the vicinity of the Hunter Memorial Viaduct
north approach of Williamson Road, N. E.; that Council at its meeting on
August 23, 1982, authorized the procurement of contractual services on an
emergency basis and appointed a Bid Committee to consider bids and to
award a contract for repair to the damaged sewers of Councilman Robert A.
Garland, H. B. Ewert, Thomas F. Brady and Kit B. Kiser; that plans and
specifications were delivered to the City and project showing was conducted
on September 17, 1982; that six contractors who were felt to have the
qualifications necessary to perform the specified work were invited to
place bids for consideration of the Council appointed Bid Committee; that
bids were received by the City Clerk and opened by the Director of Utilities
and Operations and the Project Manager on September 24, 1982; that Clean
Water Engineers, Inc., evaluated the five bids received and forwarded a
letter of recommendation to the City; that the Bid Committee met on
September 29, 1982, and administratively awarded a unit price contract
to Aaron J. Conner, General Contractors, Inc., in the -~unt of $191,773.75.
The City Manager recommended that Council authorize funding for this
project in the following manner:
Establish a new account to be identified as "Hunter Viaduct Sanitary Sewer
Repair".
Establish a contingency fund in the amount of $19,177.37.
Transfer funds in the amount of $105,475.56 from the New Glade Creek Sanitary
Sewer Interceptor Account to the new account.
Transfer funds in the ~nount of $105,475.56 from the Ore Branch Sanitary
Sewer - Upper Segment Account to the new account.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#26253) AN ORDINANCE to amend and reordain certain sections of the
1982-83 Sewage Treatment Fund Appropriation Ordinance, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 384.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Trout and Vice-Mayor
Musser ................................................................. 5.
307
ACTION:
ACTION:
NAYS: None ............................................. O.
(Council member Bowles amd Mayor Taylor were absent.)
Mr. Trout offered the following Resolution:
(#26254) A RESOLUTION ratifying the award of a contract for the
emergency repair of the Lick Run Sanitary Sewer Interceptor.
(For full text of Resolution, see Resolution Book No. 47, page 385.)
Mr. Trout moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Trout and Vice-Mayor
Musser ............................................................... 5.
NAYS: None ....................................................... O.
(Council member Bowles and Mayor Taylor were absent.)
POLICE DEPARTMENT-EQUIPMENT: The City Manager submitted a written
report concurring in a report of the Bid Committee recommending that the
lowest responsible bids meeting specifications for Police uniforms and
accessories of Kay Uniform Company, in the amount of $15,306.79; Stinnette
Uniform Sales, in the amount of $942.00; Tidewater Police and Sportsman
Supply, in the amount of $579.38; and Southern Police Equipment Company,
in the amount of $249.20, be accepted; and that all other bids be rejected.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#26255) AN ORDINANCE accepting certain bids made to the City for
providing police uniforms and accessories; rejecting other bids; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 385.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Trout and Vice-Mayor
Musser ................................................................... 5.
NAYS: None- ................................................. O.
(Council member Bowles and Mayor Taylor were absent.)
DIRECTOR OF FINANCE:
CITY EMPLOYEES-BUDGET: The Director of Finance submitted a written
report advising that the 1983 fiscal year budget includes $500,000.00 of
anticipated lapse of salary and wages; that the City of Roanoke's budget
was passed prior to receiving the State Compensation Board's approved
budget thus the proposed Ordinance brings into line those changes both in
Salary and Wages as well as some revenue accounts; that the majority of
changes will reduce various departmental budgets and decrease the budgeted
lapse account by the same amount; and the total budgeted salary and wage
lapse remaining will be as follows:
Original budgeted amount
First quarter lapse realized
Amount to be realized
$ 500,000.00
162,744.00
$ 377,256.00
Mr. Schlanger pointed out that the $162,744.00 represents 32.5% of
the amount budgeted and recommended adoption of the proposed Ordinance.
(For full text, see report on file in the City Clerk's Office.)
3O8
ACTION:
ACTION:
ACTION:
Mr. Harvey offered the following emergency Ordinance:
(~26256) AN ORDINANCE to amend and reordain certain sections of
the 1982-83 General Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 386.)
Mr. Harvey moved the adoptlom of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Trout and Vice-Mayor
Musser ............................................................ 5.
NAYS: None ................................................... O.
(Council member Bowles and Mayor Taylor were absent.)
REPORTS OF COMMITTEES:
AIRPORT: Council member Robert A. Garland, Chairman of the committee
appointed by the Mayor to tabulate bids received for runway crack sealing,
Runways 5/23 and 5/33 at Roanoke Municipal Airport, Woodrum Field, presented
a written report of the committee, recommending that the low bid of Central
Atlantic Contractors, Inc., in the amount of $37,323.00, be accepted, and
that a State Maintenance Grant will be requested for the maximum of
$10,000.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#26257) AN ORDINANCE accepting the bid of Central Atlantic Con-
tractors, Inc. for certain runway repairs at Roanoke .Municipal Airport
(Woodrum Field); authorizing the proper City officials to execute the
requisite contract; rejecting another bid received for such work; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 387.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Trout and Vice-Mayor
Musser .................................................................. 5.
NAYS: None ..................................................... O.
(Council member Bowles and Mayor Taylor were absent.)
SIDEWALK-CURB AND GUTTER-STREETS AND ALLEYS: Council member Robert A.
Garland, Chairman of the co~mittee appointed by the Mayor to tabulate bids
received for new curb and gutter, entrances and paving on Melcher Street,
presented a written report of the committee recommending that a unit price
contract be awarded to L. H. Sawyer Paving Company, in the amount of
$40,647.50, and that a contingency of $1,830.00 be established.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#26258) AN ORDINANCE accepting the bid of L. H. Sawyer Paving
Company for performing curb, gutter and related work on Melcher Street, S. E.;
authorizing the proper City officials to execute the requisite contract;
rejecting other bids made for said work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 388.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
ACTION:
ACTION:
ACTION:
AYES: Council mombers Butler, Garland, Harvey, Trout and Vice-Mayor
Musser 5.
NAY S: None- ................................................... 0.
(Council member Bowles and Mayor Taylor were absent.)
AUDIT COMMITTEE-MUNICIPAL AUDITOR: Council member James G. Harvey,
II, Chairman of the Audit Committee, presented minutes of the meeting held
on Monday, October 4, 1982, advising that the Committee reviewed the
Municipal Auditor's status report on cable television franchise fees and
referred the report to the City Administration and requested that they
confer with Roanoke Cablevision, Inc., to resolve the amount of cable
television franchise taxes due; and the Co~ittee also requested an audit
of the financial data involved in the amount due; and a report will be
made jointly to the Audit Committee and the Cable Television Committee at
the conclusion of the project.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Harvey moved that the minutes be received and filed. The motion
was seconded by Mr. Trout and adopted.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
EASEMeNTS-APPALACHIAN POWER COMPANY-SCHOOLS: Ordinance No. 26238
authorizing and directing the proper City officials to execute and deliver
a deed of easement to the Appalachian Power Company to construct, erect,
operate and maintain electric power lines, said right of way being in the
vicinity of and on property known as Huff Lane Elementary School, having
previously been before the Council for its first reading on Monday,
October 4, 1982, read and adopted on its first reading and laid over, was
again before the body, Mr. Garland offering the following for its second
reading and final adoption:
(#26238) AN ORDINANCE authorizing and directing the proper City
officials to execute and deliver a deed of easement to the Appalachian
Power Company.
(For full text of Ordinance, see Ordinance Book No. 47, page 379.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Trout and Vice-Mayor
Musser ................................................................ 5.
NAYS: None ....................................................... O.
(Council member Bowles and Mayor Taylor were absent.)
SALE/PURCHASE OF PROPERTY-CITY PROPERTY-SCHOOLS: Ordinance No. 26242
providing for the granting of an option to Roanoke Fashions Company to
purchase the former Jefferson High School Annex, under certain terms and
conditions, for $60,000.00, having previously been before the Council for
its first reading on Monday, October 4, 1982, read and adopted on its
first reading and laid over, was again before the body, Dr. Butler offering
the following for its second reading and final adoption:
(#26242) AN ORDINANCE providing for the granting of an option to
Roanoke Fashions Company to purchase the former Jefferson High School
Annex, under certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 47, page 379.)
309
310
Dr. Butler moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the follo~ing vote:
AYES: Council members Butler, Garland, Harvey, Trout and Vice-Mayor
Masser ........ 5.
NAYS: None ..........
(Council mamber Bowles and Mayor Taylor were absent.)
ACTION:
BUDGET-MUNICIPAL AUDITOR-CITY ~PLOYEES: Ordinance No. 26246 appropriat-
ing $20,000.00 to Municipal Auditing of the 1982-83 General Fund Appropriation
Ordinance, to provide funds for an additional auditor in the Municipal
Auditor's Office, having previously been before the Council for its first
reading on Monday, October 4, 1982, 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:
(#26246) AN ORDINANCE to amend and reordain certain sections of the
1982-83 General Fund Appropriation Ordinance.
(For full text of Ordinance, see Ordinance Book No. 47, page 380.)
Mr. Harvey moved the adoption of the Ordinance. The motion was seconded
by Mr. Trout and adopted by the following vote:
AYES: Council members Butler, Harvey, Trout and Vice-Mayor Musser ..... 4.
NAYS: Council member Garland ........................................ 1.
(Council member Bowles and Mayor Taylor were absent.)
ACTION:
INDUSTRIES: Council at its regular meeting on Monday, October 4,
1982, having reappointed Messrs. Robert W. Woody and W. Bolling Izard as
Directors of the Industrial Development Authority of the City of Roanoke
for terms of four years each ending October 20, 1986, Mr. Trout offered
the following Resolution:
(#26259) A RESOLUTION reappointing two directors of the Industrial
Development Authority of the City of Roanoke, Virginia, to fill four-year
terms of office on its board of directors.
(For full text of Resolution, see Resolution Book No. 47, page 388.)
Mr. Trout moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Trout and Vice-Mayor
Musser .............................................................. 5.
NAYS: None- ..................................................... 0.
(Council member Bowles and Mayor Taylor were absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: NONE.
OTHERHEARINGS OF CITIZENS: NONE.
There being no further business, the Vice-Mayor declared the meeting
adjourned at 9:05 p.m.
ATTEST: ~~
City Clerk
APPROVED
Mayor
311
REGULAR WEEKLY SESSION .... ROANOI~ CTTY COUNCIL
October 25, 1982
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the Council Chamber
in the Municipal Building, City of Roanoke, on Monday, October 25, 1982, at 2:00 p.m., the
regular meeting hour, with Vice-Mayor Howard E. Musser presiding.
PRESENT: Council members Robert A. Garland, James G. Harvey, II, James O.
Trout, Elizabeth T. Bowles, Wendell H. Butler and Vice-Mayor Howard E. Musser ......... 6.
ABSENT: Mayor Noel C. Taylor ............................................... 1.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. W. Robert Herbert, Assistant
City Manager; Mr. Wilburn C. Dibling, Jr., City Attorney; Mr. Joel M. Schlanger, Director
of Finance; and Ms. Mary F. Parker, City Clerk.
The invocation was delivered by The Reverend R. Theo Arnett, Pastor, Williamson
Road Church of God.
The Pledge of Allegiance to the Flag of the United States of America was led by
Vice-Mayor Musser.
BID OPENINGS:
ARMORY-STADIUM-LIBRARIES-WATER DEPARTMENT-CIVIC CENTER-AIRPORT-NURSING
HOME: Pursuant to notice of advertisement for bids on roof replacement at the
Marine Armory, Main Library, Carvins Cove Filter Plant, Civic Center Auditorium,
Terminal Building at the Airport, and Coyner Springs Nursing Home, said propo-
sa_Is to be received by the City Clerk until 1:30 p.m., on Monday, October 25,
1982, 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 pro-
ceed with the opening of the bids; whereupon, the City Clerk opened and read the
following bids:
Consolidated Industrial Roofing~ Inc.
Bid 1 Bid 2 Bid 3 Bid 4 Bid 5 Bid 6 Bid 7
$39,030.00 No Bid No Bid No Bid $36,060.00 No Bid No Bid
Twine Construction Company~ Inc.
Bid 1 Bid 2 Bid 3 Bid 4 Bid 5 Bid 6 Bid 7
No Bid No Bid No Bid No Bid No Bid $17,500.00 No Bid
General Coatin~s~ Inc.
Bid i Bid 2 Bid 3 Bid 4 Bid 5 Bid 6 Bid 7
$34,380.00 $31,000.00 $31,000.00 $44,366.00 No Bid No Bid
$129,800.00
I. N. McNeil Roofin~ and Sheet Metal Company, Inc.
Bid 1 Bid 2 Bid 3 Bid 4 Bid 5 Bid 6 Bid 7
$34,384.00 $28,099.00 $26,383.00 $48,775.00 $28,612.00 $32,837.00 $195,108.00
312
ACT ION:
ACTION:
ACTION:
ACTION:
Hodses L,,mher Corporation
Bid 1 Bid 2 Bid 3 Bid 4 Bid 5 Bid 6 Bid 7
No Bid No Bid No Bid No Bid No Bid $10,966.00 No Bid
Leonard Smith Sheet Metal and Roofing, Inc.
Bid 1 Bid 2 Bid 3 Bid 4 Bid 5 Bid 6 Bid 7
$34,900.00 $25,277.00 $24,711.00 $41,940.00 No Bid No Bid $126,828.00
Valley Roofin~ Corporation
Bid 1 Bid 2 Bid 3 Bid 4 Bid 5 Bid 6 Bid 7
$35,132.00 $28,450.00 $27,366.00 $42,348.00 $53,842.00 $19,680.00 $206,818.00
Dr. Butler moved that the bids be referred to a committee to be appointed
by the Vice-Mayor for tabulation, report and recommendation to Council. The
motion was seconded by Mr. Trout and adopted.
The Vice-Mayor appointed Messrs. Robert A. Garland, Chairman, Thomas F.
Brady and Richard B. Burrow as members of the committee.
CONSENT AGENDA:
The Vice-Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the City Council and will be enacted by one
motion in the forms listed on the Consent Agenda, and if discussion is desired,
that item will be removed from the Consent Agenda and considered separately.
He noted that Mr. Harvey had orally requested an Executive Session to discuss
a matter of potential litigation, and Mr. Trout had orally requested an Executive
Session to discuss a real estate matter.
MINUTES: Minutes of the regular meeting of Council held on Monday,
October 4, 1982, 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 Dr. Butler
and adopted by the following vote:
AYES: Council members Garland, Harvey, Trout, Bowles, Butler and Vice-
Mayor Musser .............................................................. 6.
NAYS: None ............................................................ O.
(Mayor Taylor was absent.)
ARCHITECTURAL REVIEW BOARD: The qualification of Ms. Susan M. Goode and
Mr. Richard L. Meagher as members of the Architectural Review Board for terms
of four years each ending October 1, 1986, was before Council.
(See Oaths 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 Dr. Butler and adopted by the following vote:
AYES: Council members Garland, Harvey, Trout, Bowles, Butler and Vice-
Mayor Musser .................................................... : ............ 6.
NAYS: None ............................................................ 0.
(Mayor Taylor was absent.)
ACTION:
ACTION:
ACTION:
COUNCIL: Mr. Harvey orally requested that Council meet in Executive
Session to discuss a matter of potential litigation pursuant to Section 2.1-
344 (a) (6) of the Code of Virginia (1950), as amended.
Mrs. Bowles moved that Council convene in Executive Session to discuss a
matter of potential litigation pursuant to Section 2.1-344 (a) (6) Code of
Virginia (1950), as amended. The motion was seconded by Dr. Butler and adopt-
ed by the following vote:
AYES: Council members Garland, Harvey, Trout, Bowles, Butler and Vice-
Mayor Musser .......................... ~ .................................. 6.
NAYS: None ........................................................... 0.
(Mayor Taylor was absent.)
COUNCIL: Mr. Trout orally requested that Council meet in Executive
Session to discuss a real estate matter pursuant to Section 2.1-344 (a) (2),
of the Code of Virginia (1950), as amended.
Mrs. Bowles moved that Council convene im Executive Session to discuss a
real estate matter pursuant to Section 2.1-344 (a) (2), Code of Virginia (1950),
as amended. The motion was seconded by Dr. Butler end adopted by the following
vote:
AYES: Council members Garland, Harvey, Trout, Bowles, Butler and Vice-
Mayor Musser ................................................................ 6.
NAYS: None ............................................................ 0.
(Mayor Taylor was absent.)
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
PARKS AND PLAYGROUNDS-CELEBRATIONS: A communication from Mayor Noel C.
Taylor advising that Roanoke County, the City of Salem and the Town of Vinton
will be celebrating Halloween on Saturday, October 30, 1982, and recommended
that the City of Roanoke also celebrate on that date from 5:30 p.m. to 8:30
p.m., was before Council.
(For full text, see com~,nication on file in the City Clerk's Office.)
In this connection, a communication from Mr. Michael W. Ridenhour, 2528
Stanley Avenue, S. E., requesting that Council consider as a matter of public
policy that Halloween be celebrated on Saturday, October 30, advising that
Sunday is not a proper day to celebrate Halloween for several reasons, was
also before Council.
(For full text, see co~nunication on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(#26260) A RESOLUTION designating Saturday, October 30, 1982, as the
official date for the 1982 observance of Halloween in the City.
(For full text of Resolution, see Resolution Book No. 47, page 389.)
Mrs. Bowles moved the adoption of the Resolution. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Garland, Harvey, Trout, Bowles, Butler and Vice-
Mayor Musser ............................................................... 6.
NAYS: None ........................................................... 0.
(Mayor Taylor was absent.)
ACTION:
ACTION:
Mr. Harvey moved that the columication from Mr. Ridenhour be received
amd filed. The m~tion wms seconded by Mr. Trout amd adopted.
BUDGET-SCHOOLS: A communication from the Roanoke City School Board
requesting that Council appropriate $5,069.00 for transitional services for
handicapped students, all expenditures to be reimbursed by federal funds, was
before the body.
(For full text, see co~munication on file in the City Clerk's Office.)
A report of the Director of Finance reco,,mending that Council concur in
the request, was also before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#26261) AN ORDINANCE to amend and reordain certain sections of the
1982-83 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 390.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Dr. Butler and adopted by the following vote:
AYES: Council members Garland, Harvey, Trout, Bowles~ Butler and Vice-
Mayor Musser ............................................................... 6.
NAYS: None .......................................................... O.
(Mayor Taylor was absent.)
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
PARKS AND PLAYGROUNDS: The City Manager submitted a written report
advising that the Mill Mountain Zoo was originally leased to Mill Mountain
Zoo, Inc., by a lease and agreement dated September 17, 1976, which was
authorized by Ordinance No. 23216 and Mill Mountain Zoo, Inc., was previously
given temporary authority to assist in the operation of the zoo by Ordinance
No, 23215; that the Zoo Choo miniature railroad was installed and has since
been operated by the Roanoke Jaycees, Inc.; that this was originally authorized
by Ordinance No. 11526 aD~ authority has been granted by Council on several
occasions since that date.
Mr. Ewert advised that the leases for the zoo itself and the miniature
railroad have expired; that the lease with Mill Mountain Zoo, Inc., expired on
September 30, 1981, and the lease with the Roanoke Jaycees, Inc., expired on
April 10, 1979; that the new leases and agreements have now been prepared by
the City Attorney's Office, with the term of each lease and agreement to be
five years with an option for each to renew for an additional five year term,
and the agreement with the Roanoke Jaycees for the operation of the miniature
train is a cooperative agreement between the City and both other parties. He
advised that the City Attorney recommends that the effective date of both
leases be October 1, 1981, which would give legal continuity to the relation-
ship between the parties and reflect the fact that both organizations are in
place and have been operating since that date.
The City Manager recu~ended that Council authorize the appropriate City
officials to execute the lease with Mill Mountain Zoo, Inc., to operate the
zoo, and the lease and agreement with Roanoke Jaycees to operate the Zoo Choo
miniature train, the lease and agreement to be in a form prepared by the City
Attorney.
(For full text, see report on file in the City Clerk's Office.)
315
AC~ ION:
ACT ION:
Hr. Trout pointed out that it has come to his attention that the matter
has not been discussed with the Hill Mo~tain Development Committee to obtain
their input, and moved that the report be referred to the Mill Mountain Development
C~ittee for study and report to Council. The motion was seconded by Hr.
Harvey and adopted.
SEWERS AND STORM DRAINS-GRANTS: The City Manager submitted a written
report advising that the 1967 Bond Referendum contained several sanitary sewer
capital projects; that the Tinker Creek Sanitary Sewer Interceptor and the
Lick Run Sanitary Sewer Interceptor parallel lines were two of the designated
bond projects; that the Orange Avenue Sanitary Sewer Diversion Interceptor was
constructed as a part of the Virginia Department of Highways Orange Avenue
(Route 460) widening project in the early 1970's; that the City applied for
and was awarded a 30 per cent Federal Water Pollution Control Act Grant to
assist in the funding of these three projects in the late 1960's; that Branch
and Associates completed the Tinker Creek and Lick Run Interceptor projects in
1970; that the Virginia Department of Highways project was completed in 1974;
that the City received a payment of $233,900.00 in 1975, after having received
notification in 1973 that the 1972 Federal Water Pollution Control Act Amendments
might allow an increase in the grant participation led to 33 per cent of the
eligible costs; that final inspections were conducted in 1974 and 1976, and
the Environmental Protection Agency conducted an audit in 1977 which resulted
in a total projects eligible cost of $808,127.27.
Hr. Ewert advised that the City has received a new Grant Amendment from
the Environmental Protection Agency which will increase the grant participation
to 55% of the eligible project costs; that final payment due to the City is
$210,570.00 based upon the reimbursement provisions of Section 206 (a) of the
1972 Amendments to the Federal Water Pollution Control Act; and the original
grant was obtained and administered in the late 1960's and early 1970's and
the City's authorized representatives for that period are no longer associated
with the City.
The City Manager recommended that the Council designate the City Manager,
or in his absence, the A~sistant City Manager, as the City's authorized
representatives for any necessary submissions or execution of grant documents
for Grant C510266; and authorize acceptance of the grant offer.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#26262) AN ORDINANCE authorizing the execution of the appropriate
instruments to amend EPA Grant C510266 for the construction of the Lick Run
and Tinker Creek Interceptors and the Orange Avenue Sanitary Sewer Diversion
Interceptor and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 390.)
Mr. Garland moved the adoption of the Ordinance. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Garland, Harvey, Trout, Bowles, Butler and Vice-
Mayor Musser .............................................................. 6.
NAYS: None ........................................................... Oo
(Mayor Taylor was absent.)
JUVENILE DETENTION HOME: The City Manager submitted a written report
advising that Roanoke City Outreach Detention Program contracts with surround-
ing jurisdictions to provide home supervision for children who would otherwise
be confined in a detention home; that the State Department of Corrections
provides block grant funds which are applied to the operating expenses; that
extra help employees are used in rural areas where usage does not Justify a
full time employee; and the State Department of Corrections encourages provid-
ing supervision to as many juveniles as possible.
316
ACTION:
ACTION:
Mr. Ewert advised that the Juvenile Court officials in Franklin County
have requested that Outreach Detention services be extended to that area and
the State Department of Corrections ts in agreement with this expansion of
services; that services would be provided by employlmg part-time (extra help)
personnel to provide daily supervision of Juvemiles assigned to the program;
and local costs of the program would be offset by charging Franklin County a
per diem based on the cost of operating the program.
The City Manager recommended that Council approve the expansion of the
Outreach Detention Program into Franklin County; that the City Manager be
authorized to sign and to extend a contract for Outreach Detention services to
the proper authorities in Franklin County, in a form acceptable to the City
Attorney, which contract will provide for $4.68 per diem for each child
assigned to the program, and a per diem to be adjusted on January 1, 1983, and
each January 1 thereafter, to the amount of the local per diem cost of operat-
ing the program for the prior fiscal year.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler offered the following Resolution:
(#26263) A RESOLUTION authorizing an agreement to be entered into with
Franklin County relating to the use of the City's Outreach Detention Program.
(For full text of Resolution, see Resolution Book No. 47, page 391.)
Dr. Butler moved the adoption of the Resolution. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Garland, Harvey, Trout, Bowles, Butler and Vice-
Mayor Musser ............................................................... 6.
NAYS: None ........................................................... 0.
(Mayor Taylor was absent.)
EASEMENTS-SEWERS AND STORM DRAINS: The City Manager submitted a written
report advising that a sanitary sewer easement across Lot 13, Block 3, Revised
Map of Parkview Court Survey No. 1, 2114 Fallon Avenue, S. E., has never been
utilized by the City for sewer purposes, that the area is completely developed
and the residences are served by sewers in other locations; that there appears
to be no present or future use for the easement; that the easement was acquired
on September 10, 1971, because it was anticipated it would be needed to serve
an apartment complex across Fallon Avenue from the subject property; and it was
later found that the complex could better be served with a line in Fallon
Avenue.
Mr. Ewert further advised that the owners of Lot 13, James G. Sr. and
Neva A. Phillips, have requested the City to vacate the unused easement and
the Engineering Department staff has reviewed the situation and found no need
for the easement.
The City Manager recommended that Council authorize the preparation and
execution by appropriate City officials of the documentation necessary to
vacate the sanitary sewer easement across Lot 13, Block 3, Revised Map of
Parkview Court Survey No. 1, said documents to be in a form approved by the
City Attorney.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its first
reading:
(#26264) AN ORDINANCE authorizing execution of a deed of release, releas-
ing the City's interests in a certain sanitary sewer easement heretofore granted
to the City of Roanoke, upon certain terms and conditions.
The motion was seconded by Mr. Garland and adopted by the following vote:
317
ACTION:
ACTION:
AYES: Council members Garland, Harvey, Trout, Bowles, Butler and Vice-
Mayor Musser ........................................................... 6.
NAYS: None ....................................................... 0.
(Mayor Taylor was absent.)
EQUIPMENT-AIRPORT: The City Manager submitted a written report concurring
in a report of the Bid Committee recommending that the low bid of Dickerson
GMC, Inc., including Option No. 1, for a four-wheel drive, nine passenger
vehicle for use at the Airport, in the ~unt of $10,970.29, be accepted.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#26265) AN ORDINANCE providing for the purchase of a four-wheel drive
9-passenger vehicle for use by the City, upon certain terms and conditions, by
accepting a certain bid made to the City for furnishing and delivering such
equipment; rejecting certain other bids made to the City; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 391.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Dr. Butler and adopted by the following vote:
AYES: Council members Garland, Harvey, Trout, Bowles, Butler and Vice-
Mayor Musser ............................................................... 6.
NAYS: None .......................................................... 0.
(Mayor Taylor was absent.)
CITY ATTORNEY:
REFUSE COLLECTION: The City Attorney submitted a written report advising
that in June of 1979, Council adopted Ordinance No. 24689 which provided that
the City will offer to the owner or occupant of any dwelling unit the service
of collecting "bulk items," such as household furniture and major household
appliances; and since the day of enactment, the City's Department of Refuse
has been providing this service to City residents.
Mr. Dibling pointed out that his office has been requested to include the
provisions of the above-referenced Ordinance in the City Code and he has
prepared for Council's consideration an Ordinance which will accomplish this
purpose, noting he is advised that adoption of the Ordinance will not affect
the current level of service.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#26266) AN ORDINANCE amending the Code of the City of Roanoke (1979),
as amended, by enacting new Section 14-23, Bulk item collection, by providing
that the City will, upon request from the owner or occupant of a dwelling
unit, remove and collect household furniture and major household appliances
and establishing the requirements to obtain such service; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 392.)
Mr. Garland moved the adoption of the Ordinance. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
318
ACTION:
ACTION:
AYES: Council members Garland, Marvey, Trout, Bowles, Butler and Vice-
Mayor Husser ............ 6.
NAYS: None ........................................................ O.
(Mayor Taylor was absent.)
REPORTS OF COMMITTEES:
INDUSTRIES: A comm~mication from the Industrial Development Authority of
the City of Roanoke recommending approval of a request of Community Hospital
of Roanoke Valley for an inducememt resolution regarding assistance by the
Industrial Development Authority of the County of Henrico, Virginia, in
financing the acquisition of medical equipment for lease or sale to nonprofit
co~nunity and state hospitals in Virginia through issuance of its revenue
bonds, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
(#26267) A RESOLUTION expressing the concurrence of the Council in an
inducement resolution issued by the Industrial Development Authority of the
County of Henrico, Virginia.
(For full text of Resolution, see Resolution Book No. 47, page 392.)
Mr. Trout moved the adoption of the Resolution. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council me~bers Garland, Harvey, Trout, Butler, and Vice-Mayor
Musser .................................................................... 5.
NAYS: None ..................................................... 0.
(Council member Bowles abstained from voting because she serves on the Board
of Directors of Community Hospital.)
(Mayor Taylor was absent.)
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
ZONING: Ordinance No. 26247 rezonlng Lots 42, 43 and 44, Section 4,
Winona Addition, located on the northerly side of Colonial Avenue, and extend-
lng 150 feet west from the westerly side of 23rd Street, S. W., designated
as Official Tax No. 1270542, 1270543 and 1270544, from RD, Duplex Residential
District, to C-2, General Commercial District, having previously been before
the Council for its first reading, on Monday, October 11, 1982, read and
adopted on its first reading and laid over, was again before the body, Mr.
Trout offering the following for its second reading and final adoption:
(#26247) AN ORDINANCE to amend Sections 36-3 and 36-4, Code of the City
of Roanoke (1979), as amended, and Sheet No. 179, Sectional 1976 Zone Map~
City of Roanoke, in relation to Zoning, subject to certain conditions proffered
by th9 petitioner. ' ,~ .. , ~...
(For full text of Ordinance, see Ordinance Book No. 47, page 389.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Garland, Harvey, Trout, Bowles, Butler and Vice-
Mayor Musser ............................................................ 6.
NAYS: None ............................................................ 0.
(Mayor Taylor was absent.)
319
ACTION:
ACTION:
PUBLIC WORY, S-EQUIPMENT: Council at its Financial and Planning Session on
Momday, October 18, 1982, having instructed the City Attorney to prepare the
proper measure accepting the bid of International Salt Company to furnish 888
tons of rock salt to the City, in the total amount of $32,980.32, he presented
same; whereupon, Dr. Butler offered the following emergency Ordinance:
(#26268) AN ORDINANCE accepting a bid for furnishing rock salt to the
City; rejecting other bids; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 393.)
Dr. Butler moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Garland, Harvey, Trout, Bowles, Butler and Vice-
Mayor Musser .............................................................. 6.
NAYS: None ............................................................ 0.
(Mayor Taylor was absent.)
PUBLIC ASSISTANCE: Council at its Financial and Planning Session on
Monday, October 18, 1982, having instructed the City Attorney to prepare the
proper measure amending the City Code to delete the reference that Advisory
Board of Human Resources nominees cannot work for the City, he presented same;
whereupon, Mr. Harvey moved that the following Ordinance be placed upon its
first reading:
(~26269) AN ORDINANCE amending Section 17-17, Code of the City of Roanoke
(1979), as amended, relating to membership on the Advisory Board of Human
(For full text of Ordinance, see Ordinance Book No. 47, page 394.)
The motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Garland, Harvey, Trout, Bowles, Butler and Vice-
Mayor Mus set .............................................................. 6.
NAYS: None ........................................................... 0.
(Mayor Taylor was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COM}fENTS BY THE MAYOR AND MEMBERS OF COUNCIL: NONE.
OTHER HEARINGS OF CITIZENS: NONE.
There being no further business, the Vice-Mayor declared the meeting
adjourned at 2:35 p.m.
APPROVED
ATTEST:f'-~ ~'~ ~' ~k~
City Clerk
MAyor
320
REGULAR WEEKLY SESSION .... ROANOKE CITY COUNCIL
November l, 1982
7:30 p.m.
The Council of the City of Roanoke met in regular meeting in the Gymtorium
of the Monterey Elementary School, 4501 Oliver Road, N. E., on Monday, November 1,
1982, at 7:30 p.m., the regular meeting hour, with Mayor Noel C. Taylor presiding.
PRESENT: Council members James G. Harvey, II, Howard E. Musser, James O.
Trout, Elizabeh T. Bowles, Wendell H. Butler, Robert A. Garland and ~yor Noel C.
Taylor ............................................................................. 7.
ABSENT: None ............................................................. O.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. W. Robert Herbert,
Assistant City Manager; Mr. Wilburn C. Dibling, Jr., City Attorney; Mr. Joel M.
Schlanger, Director of Finance; and Ms. Mary F. Parker, City Clerk.
The invocation was delivered by The Reverend Ralph Halliwill, Pastor,
Belmont Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Taylor.
The Mayor advised that this is the first of the neighborhood meetings,
that other meetings will be held on December 6, 1982, in the Gymtorium at the Fallon
Park Elementary School; on February 7, 1983, in the Auditorium at the Patrick Henry
High School; and on May 2, 1983, in the Auditorium at the William Fleming High
School. On behalf of the members of Council, he welcomed the citizens to the Council
meeting.
PROCLAMATIONS: The Mayor presented a proclamation declaring November 5,
1982, as Roanoke Valley Ex-Prisoners of War Day in the City of Roanoke, and called
this occasion to the attention of the citizens as a time of recognition and apprecia-
tion of service rendered to their country by Ex-Prisoners of War.
(For full text, see proclamation on file in the City Clerk's Office.)
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the City Council and would be enacted by
one motion in the forms listed on the Consent Agenda, and if discussion was
desired, that item would be removed from the Consent Agenda and considered
separately. He noted that included on the Consent Agenda was one request
for an Executive Session to discuss a personnel matter relating to vacancies
on various authorities, boards, commissions and committees appointed by
Council.
MINUTES: Minutes of the regular meetings of Council held on Monday,
October 11, 1982, and Monday, October 25, 1982, were before the~body.
(For full text, see minutes on file in the City Clerk's Office.)
ACTION:
Mr. Trout moved that Council dispense with the reading of the minutes
and that the minutes be approved as recorded. The motion was seconded by
Mr. Garland and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowles, Butler, Garland
and Mayor Taylor ........................................................ 7.
NAYS: None ....................................................... 0.
321
ACTION:
ACTION:
ACTION:
ACTION:
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (a) (1), Code of ¥ir$1nia (1950), as
amended, was before the body.
(For full text, see co~aunication on file in the City Clerk's Office.)
Mr. Trout moved that Council 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. Garlam~ and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowles, Butler, Garland
and Mayor Taylor ........................................................ 7.
NAYS: None ......................................................... 0.
DIRECTOR OF FINANCE-TAXES: A report of the Director of Finance with
regard to strengthening delinquent tax collections in Roataoke and through-
out the Commonwealth, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowles, Butler, Garland
and Mayor Taylor ........................................................ 7.
NAYS: None ......................................................... 0.
YOUTH SERVICES CITIZEN BOARD: A co~unication from (Mrs.) Marion V.
Howard, Youth Planner, advising that Mr. A. Carter Magee, Jr., has resigned
from the Youth Services Citizen Board, effective immediately, was before
the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that the resignation be accepted with regret and that
the communication be received and filed. The motion was seconded by Mr.
Garland and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowles, Butler, Garland
and Mayor Taylor ......................................................... 7.
NAYS: None ........................................................ O.
INDUSTRIES: The qualification of Mr. Robert W. Woody as a Director
of the Industrial Development Authority for a term of four years ending
October 20, 1986, was before Council.
(See Oath of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Garland and adopted by the follow-
ing vote:
AYES: Council members Harvey, Musser, Trout, Bowles, Butler, Garland
and Mayor Taylor ......................................................... 7.
NAYS: None ......................................................... O.
322
ACT ION:
ACTION:
ACTION:
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND CO~dMUNICATIONS:
PENDING LIST: A list of items pending from February 7, 1977, through
October 25, 1982, was before Council.
(For full text, see pending list on file in the City Clerk's Office.)
Mr. Musser moved that the City Manager be requested to submit his
report to Council at its Financial and Planning Session on Monday, November
15, 1982, with regard to a request of the Roanoke Life Saving and First
Aid Crew for the purchase of cardiac equipment for a secom~ emergency
unit. The motion was seconded by Mr. Trout and unanimously adopted.
ACTS OF ACKNOWLEDGEMENT-CITY GOVERh~dENT-CITIZEN OF THE YEAR: A
communication from the Mayor advising that during the month of October,
the City accepted nominations for the Citizen of the Year award, that
nomination forms have been available in the City Clerk's Office and
nominations were accepted until 5:00 p.m., on Thursday, October 28. He
further advised that during the month of November, a screening committee
will be reviewing all nominations submitted and will reco~m~end up to ten
names to City Council, and the members of the Council will select the
Citizen of the Year from recommendations made by the committee. With the
concurrence of Council, the Mayor stated that he would like to appoint
(Mrs.) Anne P. Glenn, Mr. Eldridge W. Chambers, Jr., (Mrs.) Mildred Prater,
Mr. Charles R. Minter, (Mrs.) Laddie C. Fisher, and (Mrs.) Mary F. Parker
as members of the screening comm~ tree.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harvey moved that Council concur in the Mayor's appointments. The
motion was seconded by Mr. Musser and unanimously adopted.
BUDGET-SCHOOLS: A communication from the Roanoke City School Board
requesting that Council appropriate $188,112.04 for services provided
through the ECIA Chapter II Block Grant, all expenses to be reimbursed by
federal funds; and that $10,600.00 be appropriated for the Artist-in-
Education Program, $7,000.00 of this amount to be provided by local match-
ing funds and the remainder to be reimbursed from federal funds, was
before Council.
(For full text, see communication on file in the City Clerk's Office.)
A report of the Director of Finance advising that funding for E.C.I.A.
Chapter II 82-83 will be 100% federally funded, that Artist-in-Education
82-83 grant will be funded by a federal grant and a local match, that
local match funds are available and will be transferred from an education
account in the General Fund, and recommending that Council concur in the
request of the School Board, was before the body.
(For full text, see report on file in the City .Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#26270) AN ORDINANCE to amend and reordain certain sections of the
1982-83 General and Grant Funds Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 395.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
323
ACT ION:
AYES: Council members Harvey, Museer, Trout, Bowles, B~tler, Garland
and Mayor Taylor ..................................................... 7.
NAYS: None ........................................................ 0.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
DIRECTOR OF FINANCE-BUDGET-MISCELLANEOUS: Council having previously
requested a report from the City Manager with regard to photocopying costs
for neighborhood organizations, the City Manager advised that citizen
participation/education policies adopted by Council for various federal,
state and local programs require that pertinent material relating to
community development, neighborhood revitalization, housing, land use, or
other physical/ social type projects be made available to effected neighbor-
hood groups and/ or community residents; that current practice is that
requests for photocopies and/or printed material is routinely handled
through the Office of Community Planning/Neighborhood Partnership free of
charge; that types of material most often requested or routinely distributed
fall generally within the following categories: printed matter, adopted
or proposed plans/studies, and official documents/reports.
Mr. Ewert pointed out that general copying needs of neighborhood
groups are met through their own efforts, and exception to this rule is
when City staff is involved in getting a now group organized and the
founding community residents have not had the opportunity to establish
their own treasury; that funds to cover cost of photocopying for neighbor-
hood groups are currently budgeted through the Community Development/Neigh-
borhood Partnership and Community Planning programs; and cost history is
not available, as a separate line item has never been established for
neighborhood photocopying.
The City Manager recommended that Council authorize the Director of
Finance to establish separate line items within the Community Planning and
Community Development Block Grant budgets to insure that funds will be
available to respond to neighborhood requests for photocopying services,
that this will allow an expenditure history to be developed and will allow
expenditure levels to be monitored; and in accordance with this recommendation,
an administrative transfer of $300.00 from each of the following accounts
to the new accounts set up by the Director of Finance is recommended:
A01811060017
A35668101112
($3oo.oo)
($3oo.oo)
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that Council concur in the recommendation. The
motion was seconded by Dr. Butler and unanimously adopted.
FIRE DEPARTMENT-CITY EMPLOYEES: The City Manager submitted a written
report advising that on October 15, 1982, Council expressed concern relative
to the existing number of vacancies, and the staffing level, in the Fire
Department, and directed the City Manager to report on this issue; where-
upon, he submitted a written report.
In Summary, Mr. Ewert advised that a 5.2 per cent vacancy rate
previously existed in Fire Suppression, but at present, eleven of the
twelve vacancies have been filled, leaving one position vacant, and the
remaining one position will be filled on November 30, 1982. He further
advised that the delay in filling the vacancies was due to the revision of
the testing tools to provide for more qualified candidates for the positions,
that the new testing process has provided the City of Roanoke with the
strongest field of applicants, which will allow the City to fill all
vacancies, and provide a pool from which to fill future vacancies.
(For full text, see report on file in the City Clerk's Office.)
324
ACTION:
ACTION:
ACTION:
Following considerable discussion, Mr. ~arvey m~ve4 that the report
be received and filed. The motion was seconded by Hr. Trout and unanimously
adopted.
STADIUMFOOTBALL: The City Manager submitted a written report advising
that Council adopted a policy designating organizations which are eligible
to apply for waiver of rental fees for Victory Stadium; that the Roanoke
Valley Chamber of Co-~erce has requested waiver of fees in accordance with
provisions of Resolution No. 24982 for Victory Stadium on November 7,
1982, for the purpose of raising funds for the Sandlot Football Program of
the City Department of Parks and Recreation.
Mr. Ewert recommem~ed that Council approve the request subject to the
provisions of Resolution No. 24982, that the applicant will comply fully
with all provisions of Resolution No. 24982, and the facility is available
for use on November 7, 1982.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
(#26271) A RESOLUTION waiving the standard rental fee for use of a
City facility.
(For full text of Resolution, see Resolution Book No. 47, page 395.)
Mr. Trout moved the adoption of the Resolution. The motion w~s
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowles, Butler, Garlap~
and Mayor Taylor .......................................................... 7.
NAYS: None .......................................................... O.
BUDGET-JUVENILE DETENTION HOME: The City Manager submitted a written
report advising that funding has been secured from U.S.D.A. for the purchase
of dining room and kitchen equipment for the Juvenile Probation House,
Crisis Intervention Center and Juvenile Detention Home, and recommending
that $6,750.45 be appropriated to the three departments for purchase of
the dining room and kitchen equipment as follows:
$1,948.00 to Juvenile Probation House;
$1,443.45 to Crisis Intervention Center;
$3,359.00 to Juvenile Detention Home;
$6,750.45 Total Appropriation; 100% reimbursed to the City.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler offered the following emergency Ordinance:
(#26272) AN ORDINANCE to amend and reordain certain sections of the
1982-83 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 396.)
Dr. Butler moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowles, Butler, Garland
and Mayor Taylor ....................................................... 7.
NAYS: None .................................................... 0.
PARKING GARAGE: The City Manager submitted a written report advising
that free transient parking is currently available in the parking facility
from 6:00 p.m., to 9:00 p.m., Monday through Friday, and 7:00 a.m., to
9:00 p.m., on Saturday; that one additional hour of free transient evening
325
ACTION:
ACTION:
ACTION:
parking has been requested by Dowmtow~ Roanoke, Inc., per co~mmntcatio--
dated October 13, 1982, amd free transient parking is requested to begtm
at 5:00 p.m., ~ lieu of 6:00 p.m.
The City Manager recommended that Council continue the pres~mt hours
of free transient parking and add the hour of 5:00 p.m., to 6:00 p,m.,
Monday through Friday, to the available time for free parkimg in the
Municipal Parking Facility.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
(#26273) A RESOLUTION providing for free transient parking in the
Municipal Parking Garage during certain hours.
(For full text of Resolution, see Resolution Book No. 47, page 397.)
Mr. Trout moved the adoption of the Rmsolution. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowles, Butler, Garland
and Mayor Taylor ......................................................... 7.
NAYS: None ....................................................... -~-0.
BUDGET-POLICE DEPARTMENT-EQUIPMENT: The City Manager submitted a
written report advising that the City has a policy to replace marked
patrol vehicles after two years or 75,000 miles, that the 1982-83 fiscal
year budget contains a Capital Reserve Account in the ~-~unt of $225,000.00
set aside for maintenance of capital facilities/equipment, as necessary
during the year; and sixteen marked police vehicles, as of January 1,
1983, will meet, or exceed the recommended year or mileage replacement
schedule.
Mr. Ewert recommended that Council provide for the purchase of
sixteen new marked police vehicles, by transferring $163,200.00 from the
General Fund Capital Reserve Account to the Police Department Vehicle
Equipment Account.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#26274) AN ORDINANCE to amend and reordain certain sections of the
1982-83 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 397.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Dr. Butler and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowles, Butler, Garland
and Mayor Taylor .......................................................... 7.
NAYS: None ......................................................... O.
REPORTS OF COMMITTEES: NONE.
uNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
EASEMENTS-SEWERS AND STORM DRAINS: Ordinance No. 26264 authorizing
execution of a deed of release, releasing the City's interest in a sanitary
sewer easement which was conveyed to the City of Roanoke by Camille A.
Karim and Ellen Karim and James L. Meador the grantee of such deed of release
to be James G. and Neva A. Phillips, who are successors in interest to
Camille A. and Ellen Karim, having previously been before the Council for
its first reading on Monday, October 25, 1982, read and adopted on its
first reading and laid over, was again before the body, Mr. Masser offering
the following for its second reading and final adoption:
326
ACTION:
ACTION:
(#26264) AN 0RDINA~CE authorizing execution of a deed of release,
releasing the City's interests in a certain sanitary sewer easement here-
tofore granted to the City of Roanoke, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 47, page 394.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Harvey, M~sser, Trout, Bowles, Butler, Garland
and Mayor Taylor ....................................................... 7.
NAYS: None ................................................ ; ...... O.
PUBLIC ASSISTANCE: Ordinance No. 26269 emending the City Code to
delete the reference that members of the Advisory Board of Human Resources
cannot w~rk for the City, having previously been before the Council for
its first reading on Monday, October 25, 1982, read and adopted on its
first reading and laid over, was again before the body, Mrs. Bowles offer-
ing the following for its second reading and final adoption:
(#26269) AN ORDINANCE amending Section 17-17, Code of the City of
Roanoke (1979), as amended, relating to membership on the Advisory Board
of H,,mmn Resources.
(For full text of Ordinance, see Ordinance Book No. 47, page 394.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowles, Butler, Garland
and Mayor Taylor ......................................................... 7.
NAYS: None .......................................................... O.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: NONE.
OTHER HEARINGS OF CITIZENS:
POLICE DEPARTMENT-CITY ~fPLOYEES: 1/r. D. G. Thompson, 537 Wentworth
Avenue, N. E., appeared before Council and inquired if the City Manager
had anything to do with the dismissal of Police Officer C. E. Wicks;
whereupon, the City Manager advised that he reviewed the grounds for
dismissal.
At 8:30 p.m., the Mayor declared the meeting recessed.
At 9:00 p.m., the meeting reconvened in the Gymtorium of the Monterey
Elementary School, with all members of the Council present, Mayor Taylor
presiding.
ROANOKE NEIGHBORHOOD PARTNERSHIP STEERING COMMITTEE: The Mayor
advised that there are two vacancies on the Roanoke Neighborhood Partner-
ship Steering Committee for terms of three years each ending November 20,
1985, and called for nominations to fill the vacancies.
Dr. Butler placed in nomination the name of Mr. Robert L. Goode.
Mrs. Bowles placed in nomination the name of Mr. George E. O'Hara.
There being no further nominations, Messrs. Goode and O'Hara were
appointed as members of the Roanoke Neighborhood Partnership Steering
Committee for terms of three years each ending November 20, 1985, by the
following vote:
FOR MESSRS. GOODE AND O'HARA: Council members Harvey, Musser, Trout,
Bowles, Butler, Garland and Mayor Taylor ................................. 7.
327
PUBLIC ASSISTANCE: The Mayor advised that there is a vacancy on the
Advisory Board of Human Resources to fill the unexpired term of Mrs. Joann
Tolmie ending November 30, 1985, and called for nominations to fill the
vacancy.
Mr. Trout placed in nomination the name of Mr. Acree Hayes.
There being no furthe~ nominations, Mr. Hayes was appointed as a
member of the Advisory Board of Human Resources to fill the unexpired term
of (Mrs.) Joann Tolmie ending November 30, 1985, by the following vote:
ACTION:
FOR MI{. BAYES: Council members Harvey, Musser, Trout, Bowles, Butler,
Garland and Mayor Taylor .................................................. 7.
TRAFFIC: The Mayor advised that the four year terms of Messrs. G. A.
Hubbard, Richard B. Burrow, R. P. Via, Lee S. Anthony and Robert A. Garland
as members of the City of Roanoke Transportation Safety Commission expired
on October 31, 1982, that Mr. Via has declined to serve another term, and
called for nominations to fill the vacancy.
Mr. Harvey placed in nomination the names of Messrs. G. A. Hubbard,
Richard B. Burrow, Lee S. Anthony and Robert A. Garland.
There being no further nominations, Messrs. Hubbard, Burrow, Anthony
and Garland were reappointed as members of the City of Roanoke Transporta-
tion Safety Commission for terms of four years each ending October 31,
1986, by the following vote:
ACTION:
FOR MESSRS. HUBBARD, BURROW, ANTMON~f AND GARLAND: Council members
Harvey, Musser, Trout, Bowles, Butler, Garland and Mayor Taylor ........... 7.
There being no further business, the Mayor declared the meeting
adjourned at 9:05 p.m.
APPROVED
City Clerk Mayor
328
KEGULARWEEKLY SESSION ..... ROANOKE ClT~ COUNCIL
November 8, 1982
7:30 p.m.
The Council of the City of Roanoke met in regular meeting in the Council
Chamber in the Municipal Building, City of Roanoke, on M~nday, November 8, 1982, at
7:30 p.m., the regular meeting hour, with Mayor Noel C. Taylor presiding.
PRESENT: Council members Howard E. Musser, James O. Trout, Elizabeth T.
Bowles, Wendell H. Butler, Robert A. Garland, James G. Harvey, II, and Mayor Noel C.
Taylor ........................................................................... 7.
ABSENT: None .......................................................... O.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. W. Robert Herbert,
Assistant City Manager; Mr. William X Parsons, Assistant City Attorney; Mr. Richard
B. Kaufman, Assistant City Attorney; and Ms. Mary F. Parker, City Clerk.
The invocation was delivered by The Reverend David Stanford, Pastor,
Christ Episcopal Church.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Taylor.
ACTS OF ACKNOWLEDGEMENT: The Mayor presented a City of Roanoke Stick Pin
to Mrs. Doris M. Kinsey, Chief of Services, Roanoke City Department of Social Services,
in honor of her designation as Outstanding Child Advocate by the Virginia Division
of Children on Saturday, October 30, 1982, in Williamsburg, Virginia.
BID OPENINGS:
LIBRARIES: Pursuant to notice of advertisement for bids for interior
furnishings at the Williamson Road Branch Library, said proposals to be
received by the City Clerk until 4:30 p.m., on Monday, November 8, 1982,
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 representa-
tive 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:
Contract Furnishings
and Desiwas
King Business
Interiors
Group One
Group Two
Group Three
Alternate Four
Combination Bid
Bid Five
Bid Six
$6,127.00
$11,007.43
3,246.03
4,233.55
7,110.63
25,597.64
283.51
5,413.62
ACTION:
Dr. Butler moved that the bids be referred to a committee to be appointed
by the Mayor for tabulation, report and recommendation to Council. The
motion was seconded by Mr. Harvey and unantmnusly adopted.
ACTION: The Mayor appointed Messrs. Robert A. Garland, Chairman, James D.
Ritchie, and Alfred T. Whitelock as members of the committee.
329
ACTION:
ACTION:
ACTION:
COURTS FACILITY: Pursuant to notice of advertisement for bids for
the Roanoke City Courts Facility courts recording system, said proposals
to be received by the City Clerk until 4:30 p.m., on Monday, November 8,
1982, 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 advertise~ent 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 l~nier Business Products, in the
amount of $34,881.00.
Dr. Butler 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. Harvey and unanimously adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman, Thomas F.
Brady and Alfred T. Beckley 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 set a public hearing for
Monday, November 8, 1982, at 7:30 p.m., or as soon thereafter as the
matter may be heard, on the request of Woods, Rogers, Muse, Walker and
Thornton that a portion of the alley immediately behind 105 Franklin Road,
S. W., be vacated, discontinued and closed, the matter was before the
body.
Legal advertisement of the public hearing was published in the evening
editions of the Roanoke Times and World-News on October 25, 1982 and
November 1, 1982.
Mr. Garland moved that the Ordinance closing the portion of the alley
be placed upon its first reading. The motion was seconded by Mr. Musser.
A report of the City Planning Commission recommending approval of the
request inasmuch as no public inconvenience is anticipated and the impact
of the proposed alley closing will be minimal, was before the Council.
(For full text, see report on file in the City Clerk's Office.)
Council inquired relative to the recommendation of the staff that the
request be denied unless a turnaround is provided that meets the City's
approval or unless the entire alley is closed; whereupon, Mr. Richard B.
Burrow, City Engineer, advised that it has been the policy of the City
Planning Commission and continued by Council in previous actions that
wherever a public right of way is closed in the middle of a block, either
a turnaround be provided or the entire right of way be closed from one end
to the other. He explained that the Planning Commission was aware of
this basic policy, but felt it did not need to apply so stringently to
alleys in the downtown section of the City, particularly in this case
where the alley is adjacent to a parking lot and it is intended that the
parking lot will continue in use.
Mr. Talfourd B. Kemper, Attorney, representing the petitioner,
appeared before Council and advised that within a two block area of the
petitioner's office, there are a mnmher of deadend alleys that serve
businesses and the alternative is for them to do their loading and unloading
from the street as opposed to the rear of their property. He said in this
particular case, the two remaining businesses have consented to the closing,
that Art Printing Company fronts on Luck Avenue and the Junior Lunch
Restaurant fronts on Franklin Road, that they have rear doors and they
load and unload from time to time from the rear of their property, that
they can get to the rear of their buildings from the other and of the
alley and they would like to keep that end of the alley open. In closing
the alley, Mr. Kemper explained that it would aid his client in securing
the alley for its employees, that no one uses the alley except his law office,
Art Printing Company and the Junior Lunch Restaurant, and no business
inconvenience will result if the portion of the alley is closed.
330
ACTION:
Some members of Council voiced hesitancy about voting for the creation
of a deadend alley without providing for a turnaround, expressing concern
about the dangerous traffic situation when trucks are forced to back out
of the alley.
Follow/ng considerable discussion with regard to the request, the
Ordinance vacating, discontinuing and closing a portion of the alley was
lost by the following vote:
AYES: Council members Garland and Mayor Taylor ...................... 2.
NAYS: Council members Musser, Trout, Bowles, Butler and Harvey .... 5.
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the
Council on April 6, 1981, the City Clerk set a public hearing for Monday,
November 8, 1982, at 7:30 p.m., or as soon thereafter as the matter may be
heard, on the request of William Lotz that an unopened paper street between
Blocks 7 and 11, Map of Washington Heights, extending from Westside Boule-
vard, N. W., in an easterly direction for approximately 160 feet, be
vacated, discontinued and closed, the matter was before the body.
Legal advertisement of the public hearing was published in the evening
editions of the Roanoke Times and World-News on October 25, 1982 and
November 1, 1982.
Mr. Garland moved that the Ordinance vacating, discontinuing and closing
the paper street be placed upon its first reading. The motion was seconded
by Mr. Trout.
A report of the City Planning Commlssion dated November 8, 1982,
recommending approval of the request, subject to maintenance of the twenty
foot sanitary sewer easement, advising that the request will not create
any adverse impact on the surrounding neighborhood, was before Council.
(For full text, see report on file in the City Clerk's Office.)
A report from Mr. Earl B. Reynolds, Agent, Roanoke City Planning
Commission, advising that the street right of way is included within the
area proposed for rezoning from RS-3, Single-Family Residential District,
to RD, Duplex Residential District; that the Planning Commission heard
the request to close the street and to rezone the property concurrently on
July 7, 1982, at which time the request to close the street was recommended
for approval and the rezoning request was continued; and the rezoning
request was recommended for denial by the PlanninE Commission on October 6, 1982,
and the rezoning recommendation has not been forwarded to Council, at the
request of the petitioner.
Mr. Bmynolds recommended that the matter be referred by Council back
to the Planning Com~ission before final action is taken which will provide
an opportunity for the Planning Commission to review the request on its
own merits if the petitioner does not wish to pursue the proposed rezoning.
(For full text, see report on file in the City Clerk's Office.)
Mr. Edward A. Natt, Attorney, representing the petitioner, appeared
before Council and advised that his client owns all of the property on
both sides of the street and he is of the opinion that the reason the
rezoning was not approved was because his client did not have a site plan
that met with the approval of the City Planning Commission. He requested
that the street be closed so that his client can proceed with the process
of determining how he is going to develop the property inasmuch as the
street is a paper street.
Mr. Richard B. Burrow, City Engineer, advised that the street closure
and the rezoning were carried together originally, that if the unopened
portion of the street right of way is closed to residential, lots will be
created that have no street access which is in violation of the Subdivision
Ordinance. He said such a situation would not be permitted when a new
subdivision is opened and the staff feels it should not be created in the
331
ACTION:
ACTION:
ACTION:
closing of a street when considered as a separate matter. Hr. Burrow
explained that when the street closure was considered together with the
rezoning, the lots would have been considered as one lot and would have
had street frontage on Westside Boulevard, but if the existing street is
closed, there will be two residential lots that only have street access to
that unopened portion of Tennessee Avenue.
Hr. Thomas F. Brady, Director of Public Works, appeared before Council
and advised that the street cannot be closed without violating the Subdivi-
sion Ordinance, that the owner of the property could file a subdivision
plat to vacate the interior lot lines that now exist and in effect, there
would be one tract of land on one side of the street, the street could be
closed, and there would no longer be a problem with access or frontage.
Hr. Natt requested that the public hearing be continued for a period
of thirty days, and that he be permitted to prepare the subdivision plat
to be presented to the administration to vacate the lot lines.
Mr. Harvey offered a substitute motion that the public hearing be
continued for a period of thirty days in order that the subdivision plat
may be filed with the administration and that further report be submitted
to Council at its regular meeting on Monday, December 13, 1982. The
motion was seconded by Mr. Mummer and adopted by the following vote:
AYES: Council me~bers Mummer, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor ..................................................... 7.
NAYS: None ........................................................ O.
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the
Council on April 6, 1981, the City Clerk set a public hearing for Monday,
November 8, 1982, at 7:30 p.m., or as soon thereafter as the matter may be
heard, on the request of jimmy T. Moore and Betty D. Moore that Fugate
Road, N. E., from Shenandoah Valley Avenue easterly to the Norfolk and
Western Railroad Company right of way, be vacated, discontinued and closed,
the matter was before the body.
Legal advertisement of the public hearing was published in the evening
editions of the Roanoke Times and World-News on October 25, 1982 and
November 1, 1982.
Mrs. Bowles moved that the following Ordinance be placed upon its first
reading:
(#26275) AI~ ORDINANCE permanently vacating, discontinuing and closing
a part of Fugate Road, N. E., in the City of Roanoke, Virginia, as is more
particularly described hereinafter.
The motion was seconded by Mr. Musser.
A report of the City Planning Commission recommending approval of the
petition inasmuch as the request will not create an adverse impact on
adjacent properties or on the neighborhood; and acquisition of the additional
35 feet of right of way along Fugate Road should be considered by the City
at some point in the future, however, the proposed closing of Fugate Road
between Shenandoah Valley Avenue and Norfolk and Western right of way
should not be conditional upon the acquisition of the additional right of
way, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. T. Albert Ellett, Attorney, representing the petitioner, appeared
before Council in support of the request of his client.
No one appearing in opposition to the request, the following vote was
recorded on Ordinance No. 26275 on its first reading:
332
ACTION:
ACTION:
ACTION:
AYES: Council members M~sser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor ................................................... 7.
NAYS: None ...................................................... O.
CONSENT AGENDA:
The Mayor advised that all matters listed u~der the Consent Agenda
were considered to be routine by the City Council and will be enacted by
one motion in the forms listed on the Consent Agenda, and if discussion is
desired, that item will be removed from the Co~sent Agenda and considered
separately. He advised that he had requested an Executive Session to
discuss personnel matters and the City Manager had requested an Executive
Session to discuss a matter involving acquisition of real property for
public purposes.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950), as
amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council convene in Executive Session to discuss
a matter 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.
Masser and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor ......................................................... 7.
NAYS: None .......................................................... 0.
AUDITS: A report of the Director of Finance transmitting the Annual
Financial Report for the year ended June 30, 1982, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland,
Harvey and Mayor Taylor ................................................ 7.
NAYS: None ........................................................ O.
COUNCIL: A report of the City Manager requesting an Executive Session
to discuss a matter involving acquisition of real property for public
purposes pursuant to Section 2.1-344 (a) (2), Code of Virginia, 1950, as
amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council convene in Executive Session to discuss
a matter involving acquisition of real property for public purposes
pursuant to Section 2.1-344 (a) (2), Code of Virginia, 1950, as amended.
The motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor ........................................................ 7.
NAYS: None ......................................................... O.
ION:
ACTION:
ACTION:
333
ZONING: The qualification of Mr. Richard A. Rife as a member of the
Board of Zoning Appeals to fill the unexpired term of Mr. Sydnor W. Brizendine,
Jr., resigned, ending December 31, 1983, was before Council.
(See Oath of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Museer and adopted by the following
vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor ....................................................... 7.
NAYS: None ....................................................... O.
CIVIC CENTER: The qualification of Mr. James W. Burks, Jr., as a
member of the Roanoke Civic Center Cc~mtssion for a term of three years
ending September 30, 1985, was before Council.
(See Oath of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Musser and adopted by the following
vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor ....................................................... 7.
NAYS: None ........................................................ O.
PUBLIC ASSISTANCE: The qualification of (Mrs.) Rita A. Engle to fill
the unexpired term of Ms. Priscilla Tarplee ending November 30, 1984, and
Mr. Acree Hayes to fill the unexpired term of (Mrs.) Joann Tolmie ending
November 30, 1985, as members of the Advisory Board of Human Resources,
was before Council.
(See Oaths of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Musser and adopted by the following
vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor ........................................................
NAYS: None ......................................................... 0.
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
CAPITAL IMPROV~ENTS PROGRAM: The City Manager advised that Council,
several weeks ago, requested that the staff develop a capital budget aloag
with appropriate recommendations, and noted that such a document has been
developed which is presently being presented to Council. He stated that no
action is being requested of Council at this time and the staff will be
available to meet with Council members either individually or as a group
to discuss each of the projects.
334
P~. Ewert explained that the capital budget is broken into tvo elements,
the capital improvements program and the capital maintenance and equipment
replacement program. He further explained that the capital improvements
program is what is thought of as those kinds of projects that are funded
with debt, that the project totals $34,335,006.00 and is comprised of five
different elements; viz: General Fund, Airport Fund, Civic Center Fund,
Water Fund, and Sewer Fund. The second element is the capital maintenance
and equipment replacement program which totals $1,538,003.00 for items such as
equipment, paving and monies for projects that may arise in which the
City ~rlll need to act upon quickly. He advised that it is bein~ recommended
that the funds be split between the City and the Schools with certain
guidelines: $1,017,546.00 for the City and $520,457.00 for the Schools.
He said the essence of both programs centers around a new concept for the
City which is taking ten per cent of the General Fund and setting it aside
to be divided between long-term debt and capital funds that will be used
year in and year out, noting that this will provide predictability for the
City. He said the Administration needs guidance from Council as to what
level Council would like to fund the replacement, upgrading, and improve-
ment of those capital assets which the City owns, and this program strikes
a balance between neighborhood projects and community-wide projects.
Mr. Ewert said the Administration feels this is an affordable program, it
totals less than eight per cent of the General Fund budget, there are
funds r~maining from projects in the 1979 referendum, it gives the City a
favorable debt limit of three and one-half per cent, it is a very conserva-
tive financial approach to capital budgeting, and the Administration does
not propose any reductions in service level.
Mr. Ewert explained that the second element, which has many of the
same features, is the capital maintenance and equipment replacement program,
again noting if a per centage can be reached that Council feels is appropriate
and divide that per centage into long-term debt av~ yearly cash, it is believed
that predictability can be provided for the community when it comes to
dealing with the capital assets of the City.
The City Manager said the program is affordable, the formula is
equitable in terms of the School Administration and the City Administration,
and there is no reduction in service level. He further said this program
is one of the most important programs that will be dealt with at any time,
inasmuch as it deals with the maintenance and stewardship of the City's
assets, assets which were put in place, paid for and planned for by generations
which preceeded us, it is the kind of plan that the people who follow in our
footsteps will look back on with appreciation because we will have built in
predictability by tithing for today and future generations, ten per cent
of our income, to insure that we can protect the $900 million worth of
assets which have been developed.
The Assistant City Manager presented the proposed capital budget in
detail.
(See Pages 1 - 12 of the Capital Budget on file in the City Clerk's Office.)
Mx. Thomas F. Brady, Director of Public Works, appeared before Council
and reviewed the projects detailed under Buildings, noting that the first
project is entitled Commonwealth Center Renovation. He presented portions
of a staff report to the Joint Legislative Audit and Review Commission
(JLARC) composed of State Senators and Delegates appointed to study legisla-
tion proposed for each General Assembly, noting that this handout is a
summary of a document which was made public this date, as follows:
"Feasibility and Desirability of Consolidation
In the Roanoke area, which includes the cities of Roanoke
and Salem and Roanoke County, it is feasible and desirable to
consolidate 26 out of 42 agency offices, especially since these
offices are dispersed throughout the region ...... '
"Post Office Consolidation Proposal
......... Over a 20 year period, cost savings could total bet-
ween $4 million and $7.3 million over current arrangements for
space.
335
...... Reco~-~ndation (1). The Secretary of Administration and
Finance and the Department of General Services should take
steps to consolidate offices in the Roanoke area. The post
office is a viable option that is currently available and offers
the opportunity to cooperate with the City. Construction is also
viable if a suitable site can be found. The JLARC analysis sup-
ports selection of the post office proposal assuming the State
and the City of ~anoke can satisfactorily resolve outstanding
questions."
Mr. Brady reviewed other categories under Buildings, as follows: Social
Services, Market Building Lighting, Nursing Home Activities Room, Public
Works Maintenance Facility and Washing Equipment, and Energy Conservation
Remodeling.
(See Pages ZO - 25 of the Capital Budget on file in the City Clerk's Office.)
Mr. Brady reviewed categories entitled Economic Development, Parks,
Schools, Storm Drainage Projects, Streets and Bridges.
(See Pages 27 - 44 of the Capital Budget on file in the City Clerk's Office.)
Mr. Brady also reviewed the projects listed under Enterprise Funds;
viz: Airport, Civic Center, Sewer and Water.
(See Pages 46 - 81 of the Capital Budget on file in the City Clerk's Office.)
The Director of Finance referred to Page 13 of the Capital Budget
entitled "Determination of Funding Sources for Proposed Five-Year CIP",
calling attention to column 2 in the chart to the effect that $15,750,000.00
is needed to fund the projects in the next 36 months, that $11,000,000.00
in bonds have been authorized but not issued, referring to column 4 indicating
local funds currently available, noting that $1,568,128.00 is already
appropriated in the capital fund, that additional funds will be needed as
set forth in column 5, (and calling attention to column 6 indicating excess
funds allocated from completed) projects. Mr. Schlanger referred to
column 7 which is an estimate of interest earned during this period of
time of $3.2 million and where it has been put, stating that column 8 sets
forth the bonds to be sold prior to December 31, 1982. He said to find
where the total source of funds are, columns 4, 7 and 8 would have to be
added together which provides $15,750,000.00.
Mr. Schlanger referred the Council to page 14 of the Capital Budget
which refers to the proposed general obligation bond issue estimated debt
retirement schedule, noting that colum 2 is the City's current debt service
schedule (principle and interest payments on debt already issued by the
City), that column 3 is being proposed to Council which is the authorized,
but unissued $11 million proposed to be sold on or before December 31,
1982, using an assumed interest rate of nine per cent. He said the other
important part of this issue is that it is a short term issue for a proposed
twelve year issue, that column 4 is the total debt service after the issue
is sold, that with reference to colunm 5, if the bonds are authorized to
be sold successfully, the City will actually be paying $2,296.00 less in
debt during this fiscal year than it did over the currently authorized
debt limit and column 6 would be the proposed $6 million issued approximately
on or after July 1, 1985.
Mr. Schlanger referred the Council to page 82 of the Capital Budget,
advising that at this time there are approximately 19 different adjustments
in the 1982-83 fiscal year budget which need to be made.
(For full text of charts, see Capital Budget on file in the City Clerk's
Office.)
At 9:40 p.m., the Mayor declared the meeting recessed.
At 9:55 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding and all members of the Council present.
ACTION:
ACTION:
Mr. Julian King, representin~ the Willi~m~on Road Action Forum,
appeared before Council and expressed appreciation for the inclusion of
storm drains in the Williamson Road area in the City's Capital Budget.
Mrs. Bowles moved that the Capital Budget be studied by Council in
detail at a w~rk session to be scheduled by the Mayor. The motion was
seconded by Mr. Trout and unanimously adopted.
The Mayor suggested that Council meet as a Co~,mittee of the Whole to
discuss the Capital Budget immediately following the Financial and Planning
Session on Monday, November 15, 1982.
ITEMS RECOIfltENDED FOR ACTION:
BUDGET-BUILDINGS-IN~r~E~MODAL TR.A~SPOP, TAT!ON CENTER: The City Manager
submitted a written report advising that four major buildings are either
now under construction or soon will be in the t--,ediate downtown area of
the City of Roanoke, as follows: Market Square Parking Garage, Williamson
Road Parking Garage, Transportation Center/Mini-Mall, and Main Library
Addition and Alterations. He further advised that seven full-time City
construction inspectors have many more projects under construction throughout
all sections of the City which need close inspection services; that downtown
projects involve heavy reinforced concrete and steel frame construction
and the City of Roanoke Construction Inspectors are not trained in this
type of specialty inspection work; that a Civil Engineer from the Engineering
Department has been conducting the required periodic inspections to date
and this process pulls the engineer away from office duties and severely
interferes with the daily operations and workload of the office; and an
additional short-term Construction Inspector is needed for inspection of
the heavy construction for the four projects involving buildings downtown;
that this inspector needs to be more familiar and experienced in large
building type construction and would be temporarily employed for the four
downtown projects only and not for any additional services.
Mr. Ewert recommended that Council authorize the employment of one
full time, permanent status Inspector, Range 14, for an 18 month period,
at a total salary and benefit program not to exceed $27,200.00; and that
Council authorize the transfer of $15,200.00 from the Contingency Reserve
Account and $12,000.00 from the EDA portion of the Transportation Center/
Mini Mall into the appropriate grant account to be established by the
Director of Finance to fund this short-term position for a period of 18
months, with any further extension of this short-term Construction Inspec-
tion position to be approved by Council.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#26276) AN ORDINANCE to amend and reordain certain sections of the
1982-83 General and Capital Funds Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 397.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council m-mbers Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor .......................................................... 7.
NAYS: None .......................................................... 0.
SALE/PURCHASE OF PROPERTY-CIVIC CENTER: The City Manager submitted a
written report advising that the City currently owns all properties adjacent
to the Civic Center property except the property located at 510 Third
Street, N. E.; that the matter of the purchase of four privately-owned
properties adjacent to the Civic Center, one of which is the abovedescribed
337
ACTION:
ACTION:
property, was discussed by the Water Resources Committee on Novpmker 14,
1979, amd the City staff was instructed to continue to ~gotiate with
owners for acquisition of all of the properties a~d since that date, three
have been acquired with Council's concurrence.
Mr. Ewert advised that the current situation is that Ms. Kathleen V.
Ross has accepted the City's offer of $37,500.00 for her property and
funds to purchase the property are available from Prior Years Retained
Earnings, Civic Center.
The City Manager recommended that Council authorize the appropriate
City officials to execute the necessary documentation in a form approved
~-, ~ ~-' ~,~ Lot 20-B, Uo~nwealth Redevelopment
.~ .... ~.~ Attorney to ..... ' '
Project, VA 7-1, Official Tax No. 3014007, 510 Third Street, N. E., for
$37,500.00; authorize the transfer of $38,500.00 from Prior Years Retained
Earnings, Civic Center to Property Acquisition Account to be used as
follows:
Property Acquisition - $37,500.00
Demolition - $1,000.00
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#26277) AN ORDINANCE to amend ami reordain certain sections of the
1982-83 Civic Center Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 398.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor ....................................................... 7.
NAYS: None ........................................................ O.
Mrs. Bowles offered the following emergency Ordinance:
(#26278) AN ORDINANCE providing for the City's acquisition of real
estate known as 510 Third Street, N. E., Roanoke, Virginia, and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 399.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland,
Harvey and Mayor Taylor ................................................ 7.
NAYS: None ........................................................ O.
BUDGET-GRANTS-CETA: The City Manager submitted a written report
advising that the Fifth District Employment and Training Consortium has
received partial funding for fiscal year 1983 programs and additional
funds for the fiscal year 1982, Summer Youth Programs; that the progrmm~
will be operated in all jurisdictions within the Fifth Planning District,
excluding the City of Salem; that $385,788.00 has been received to operate
CETA programs during fiscal year 1983 and anticipated total funding for
the fiscal year is expected to be $1,632,418.00; that funds allow for
first quarter operation per continuing resolution by the U. S. Congress
and these funds will be utilized to train approximately 562 unemployed and
338
ACTION:
economically disadvantaged individuals; that $55,685.00 has been received
as an additional fiscal year 1982 Sum~r Youth Program appropriation and
the total appropriation is now $446,259.00; that funding was utilized via
Department of Labor authorization and 550 economically disadvantaged
youth, ages 14 - 21 received work experience and trahing through this
allocation.
Mr. Ewert advised that because the City of Roanoke's Finance Depart-
ment acts as the fiscal depository for Consortium funds, the Roanoke City
Council must appropriate the funds received from the Department of Labor
to the CETA accounts.
The City Manager recommended that Council appropriate $385,788.00
and $55,685.00 to the proper CETA accounts.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#26279)
1982-83 Fifth
an emergency.
AN ORDINANCE to amend and reordain certain sections of the
District Consortium Fund Appropriations, and providing for
(For full text of Ordinance, see Ordinance Book No. 47, page 399.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mr. Musser and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor .......................................................... 7.
NAYS: None ....................................................... O.
HOUSING: The City Manager submitted a written report advising that
the Virginia Housing Development Authority makes loans at belowmarket
interest rates for home purchase, construction, or purchase and repair,
generally by allocating loan funds directly to lending agents for servicing;
that programs specifically for older neighborhoods were begun by VHDA in
the spring of 1981; and setting forth allocations for older areas of
Roanoke.
Mr. Ewert advised that the current situation is that interest rates
on previous allocations of $250,000.00 and $500,000.00 made in August 1982
to Roanoke will be reduced by VHDA from 13.85% to approximately 11.79% in
November; that additional loan allocations for home-buyers at about 11.79%
interest has been offered to Roanoke by VHDA; that con~nitment agreements
were received pooling the previous allocations of 13.85% with the additional
allocations, all at 11.79%, as follows:
Previous Additional
Areas of Use Allocations Allocations Total
Gainsboro, Gilmer,
Harrison, Washington Park,
Hurt Park, Highland Park
$500,000 $2,000,000 $2,500,000
As designated by and approved
by VHDA
250,000 500,000 750,000
He further advised that offer of allocations was received on October 28,
1982, with insufficient time to ask for Council approval on November 1;
that ~eservation of loan funds by the deadline of November 5, 1982, required
the City Administration to execute the Commitment Agreements and return
them to VHDA, conditional on Council ratification; and acceptance of the
new allocation offer requires Council ratification of the executed Commitment
Agreements.
339
ACTION:
The City Manager recommended that Council ratify the two executed
Commitment Agreements with V~tDA for $2.5 million to be applied in the
targeted census tracts and areas of chronic economic distress (as shown on
Attachment B of the report), and the $750,000.00 to be applied in the
larger area shown on Attachment C; and authorize the City Manager to
select servicimg agents when additional information is received from VHDA
concerning allocations VHDA makes directly to lendimg agents.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler offered the following Resolution:
(~26280) A RESOLUTION approving the execution of two agreements with
the Virginia Housing Development Authority providing for an allocation of
a total of $3,250,000 in mortgage financing for certain areas of the City,
and authorizing certain other actions relating thereto.
(For full text of Resolution, see Resolution Book No. 47, page 400.)
Dr. Butler moved the adoption of the Resolution. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor .......................................................... 7.
NAYS: None .......................................................... O.
REPORTS OF COMMITTEES:
INDUSTRIES-SALE/PURCHASE OF PROPERTY: Council member James O. Trout,
Chairman of the Economic Development Commission, presented a written
report of the Commission advising that the Economic Development Commission
was established by Mayor Taylor in July, 1982; that the initial goal of
the Commission was recommending to Council actions that must be taken iu
order to guarantee that the City has prepared sites for new and expanding
industry; that $1,010,000.00 in C.D.B.G. funds was appropriated by Council
for the purchase of land for industrial purposes; and J. E. Sirrine Company
was authorized by Council on August 9, 1982, to evaluate and make recommenda-
tions on the best available industrial sites.
Mr. Trout advised that the current situation is that Council autho-
rized the purchase of approximately 140 acres for the Roanoke Centre for
Industry and Technology at its September 7, 1982 meeting; that the Site
Subcom~ittee of the Economic Development Comm~ssiom has obtained an option
on 7.15 additional acres on the extreme eastern edge of the park; that the
J. E. Sirrine Company recommended and the Site Subcommittee concurred that
the industrial park needed an entrance off of Route 460 that was separate
from the Foodtown Shopping Center entrance; and actions necessary to
finalize the first phase of land acquisition for the Centre are as follows:
Additional land: Authorize the City Manager or the
Assistant City Manager to execute an option agreement
with Martha H. Beasley, granting the City the exclusive
option to purchase approximately 7.15 acres shown as
Parcel 7 on a plat prepared by T. P. Parker & Son, dated
October 5, 1982, for a purchase price of $6~750.00 per
acre and a total cost of approximately $48,263.00, sub-
ject to actual survey.
2. Direct Industrial Park access from U. S. Route 460 and
additional land: Authorize and ratify an option agree-
ment from Mrs. Rufus D. Gish, dated October 21, 1982,
granting the City the exclusive option to purchase
approximately 15.5 acres bearing Official Tax No.
7160102 for a purchase price of $135~000.00.
340
ACTION:
ACTION:
Amended option: Authorize the acceptance of assigv~ent
from Charles R. Saul (Optionee) of Amended Options,
dated October 25, 1982, and October 26, 1982, between
Optionee and Colonial American National Bank (Optionor),
the Amended Options supersedi~g and replacing an Option
to Purchase Real Estate, dated Jume 29, 1982, between
Optiomor and Optionee. There is no change in the total
amount of acreage or total purchase price. The amended
options change the effective option time periods, clos-
ing dates and make other technical changes with respect
to 40.07 acres authorized by Council on September 7, 1982,
be purchased.
Authorization to acquire title: Authorize the City
Manager or the Assistant City Manager and the City
Attorney to take such actions and execute such docu-
ments as are necessary to effectuate closing and ac-
quisition of fee simple title by the City of the above-
described parcels."
Mr. Trout advised that the above actions will bring the total Centre
acreage owned by the City to approximately 162 acres; that $77,243.00 in
additional C.D.B.G. funds are required to carry out all of the above
recommendations and C.D.B.G. funds are available as set out as follows:
Deanwood
Rehabilitation loan program income
Total
$ 61,478.00
15~765.00
$ 77,243.00.
On behalf of the Commission, Mr. Trout recommended that Council take
the four actions as set forth above authorizing options, exercising
options and consummating purchase of the subject property and transfer
C.D.B.G. funds as follows:
Transfer From To
$61,478.00
$15,765.00
Deanwood - A35668101901 Economic Development - A35668102201
Program Income Economic Development - A35668202201
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance transferring the
recommended funds:
(#26281) AN ORDINANCE to amend and reordaim certain sections of the
1982-83 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 400.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Muss,r, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor ........................................................ 7.
NAYS: None ........................................................ 0.
Mr. Trout offered the following emergency Ordinance:
(#26282) AN ORDINANCE providing for the execution of a certain
option agreement, ratification of execution of a second option agreement,
acceptance of assignment of certain amended option agreements and cons,--m~-
tion of transfer of the fee simple title to the real property to which
such options and amended options apply to the City; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 401.)
341
ACT ION:
ACTION:
Mr. Trout moved the adopt/on of the Ordinance. The motion was seconded
by Hr. Musser and adopted by the following vote:
AYES: Council m~hers Husser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor ......... ----7.
NAYS: None ....................................................... O.
STADIUM-LIBRARIES-WATER DEPARTMENT-CIVIC CENTER-AIRPORT-NURSING HOME:
Council member Robert A. Garland, Chairman of the committee appointed by
the Mayor to tabulate bids received on roof replacement for six City
buildings, submitted a written report of the committee recommending that
the bid of I. N. McNeil Roofing Company, in the m"~unt of $34,384.00 for
the Marine Armory, be accepted; that the bid of Smith Sheet Metal and
Roofing Company, in the amount of $25,277.00, for the Main Library, be
accepted; that the bid of Smith Sheet Metal and Roofing Company, in the
amount of $24,711.00, for the Carvins Cove Filter Plant, be accepted; that
the bid of Smith Sheet Metal and Roofing Company, in the amount of $41,940.00,
for the Civic Center Auditorium, Intermediate Level, be accepted; that the
bid of I. N. McNeil Roofing Company, in the amount of $28,612.00, for the
Term/hal Building at the Airport, be accepted; that the bid of Hodges
Lurer Company, in the amount of $10,966.00, for the Coyner Springs Nursing
Home, be accepted; and that funds be transferred in connection therewith.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#26283) AN ORDINANCE to amend and reordain certain sections of the
1982-83 General and Civic Center Funds Appropriations Ordinances, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 401.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor ........................................................ 7.
NAYS: None ......................................................... O.
Mr. Garland offered the following emergency Ordinance:
(#26284) AN ORDINANCE accepting certain bids and awarding contracts
for maintenance and repair of roofs of certain City buildings; authorizing
the proper City officials to execute the requisite contracts therefor;
rejecting certain other bids; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 402.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor ...................................................... 7.
NAYS: None ......................................................... 0.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
342
ACTION:
ACTION:
ACTION:
PENSIONS: Vice-Mayor Howard E. Masser inquired as to the stat,,- of
the report of the committee appointed by the Mayor to study the Employees'
Retirement System; whereupon, the Mayor advised that the report has been
submitted to him and he has requested Mr. william R. Battle, Chairman of
the cormmtttee, to formally present the report to Council at its Financial
and Planning Session on Monday, Nove~ber 15, 1982.
FIRE DEPARTMENT: Council member Robert A. Garland raised a question
with regard to the fire alarm boxes located throughout the City, and moved
that the City Manager be requested to investigate the feasibility of
removing the boxes. The motion was seconded by Mr. Trout and unanimously
adopted.
OTHER HEARINGS OF CITIZENS:
POLICE DEPARTMENT: The Reverend Carl T. Tinsley, President of the
N.A.A.C.P. appeared before Council and referred to the agreement with the
Equal Employment Opportunity Co~m~ission in 1977 whereby the City agreed to
use the Affirmative Action Program to insure that blacks are hired in the
Fire Department, and requested that Council take the lead in making sure
that the recomendations contained in the 1977 agreement are put into
action.
The Reverend Tinsley presented each member of Council with a handbook
distributed by the United States Department of Justice, Community Bmlations
Services, concerning use of daily force by the police, which is intended to be a
conciliation handbook for citizens and the police.
Mr. Tinsley spoke in favor of the appointment of a Human Relations
Co~ittee that w~uld act as a liaison between the police and the community.
He requested that Council study the handbook and at a later date, he will
return to Council with a specific proposal for the establishment of a
Human Relations Committee.
At 10:35 p.m., the M~ayor declared the meeting recessed.
At 11:10 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding and all members of the Council present.
YOUTH SERVICES CITIZEN BOARD: The Mayor advised that there is a
vacancy on the Youth Services Citizen Board created by the resignation of
Mr. Coakley G. Lewis and called for nominations to fill the vacancy.
Dr. Butler placed in nomination the name of Miss Ajena L. Cason.
There being no further nominations, Miss Cason was appointed as a
member of the Youth Services Citizen Board for a term of three years
ending May 31, 1985, by the following vote:
FOR MISS CASON: Council members Musser, Trout, Bowles, Butler,
Garland, Harvey and Mayor Taylor .................................... 7.
PUBLIC ASSISTANCE: The Mayor advised that there is a vacancy on the
Advisory Board of Human Resources created by the resignation of (Mrs.)
Nina C. Bolden for a term ending November 30, 1983, and called for nomina~
tions to fill the vacancy.
Mrs. Bowles placed in nomination the name of (Mrs.) Nina C. Bolden.
There being no further nominations, Mrs. Bolden was reappointed to
fill her unexpired term as a member of the Advisory Board of Human Resources
for a term ending November 30, 1983, by the following vote:
FOR MRS. BOLDEN: Council members Musser, Trout, Bowles, Butler,
Garland, Harvey and Mayor Taylor ........................................... 7.
ACTION:
ATTEST:
ROANOKE NEIGHBORHOOD PARTNERSHIP STEERING CO~IITTEE: The Mayor
advised that the terms of (Mrs.) Anne P. Glenn, Mr. Stephen A. Hoover, Mr.
John A. Sabean, Mr. Edward J. Harvey, Mr. Lewis W. Perry, and Ms. Susan B.
Will~ms as me~bers of the Roanoke Neighborhood Partnership Steering
Committee will expire on November 20, 1982, and called for nominations to
fill the upcoming vacancies. He further advised that there are two vacancies
on the Co~nittee due to the resignations of Mr. William B. Houck, Jr. for a
term ending November 20, 1985 and Ms. Jayne A. Thomas for a term ending
November 16, 1983, amd called for nominations to fill the vacancies.
Mr. Harvey placed in nomination the names of (Mrs.) Anne P. Glenn,
Mr. Stephen A. Hoover, Mr. John A. Sabean, Mr. Edward J. Harvey, Mr. Lewis W.
Perry, ~ts. Susan B. Williams, (Mrs.) Sarah P. Holland and Ms. Ann Brown.
There being no further nominations, Mrs. Glenn, Mr. Hoover, Mr.
Sabean, Mr. Harvey, Mr. Perry and Ms. Williams were reappointed as members
of the Roanoke Neighborhood Partnership Steering Committee for terms of
three years each ending November 20, 1985, and Ms. Brown was appointed to
fill the unexpired term of Mr. William B. Houck, Jr. ending November 20, 1985,
and Mrs. Holland was appointed to fill the unexpired term of Ms. Jayne A.
Thomas ending November 16, 1983, by the following vote:
FOR MRS. GLENN, MR. HOOVER, MR. SABEAN, MR. HARVEY, MR. PERRY, MS.
WILLIAMS, MS. BROWN AND MRS. THOMAS: Council members Musser, Trout,
Bowles, Butler, Garland, Harvey and Mayor Taylor .......................... 7.
ROANOKE LIFE SAVING AND FIRST AID CREW: Vice-Mayor Howard E. Musser
advised that at the Council meeting on Monday, November 1, 1982, he requested
that the City Manager submit his report to Council at its regular meeting on
Monday, Nobember 22, 1982, with regard to a request of the Roanoke Life
Saving and First Aid Crew for funding of certain emergency cardiac care
equipment; whereupon, Mr. Musser advised that he would like to delay submission
of the report pending Council's decision regarding the spending of the
undesignated fund balance.
There being no further business, the Mayor declared the meeting
adjourned at 11:15 p.m.
City~,Clerk
APPROVED
Mayo r
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
November 22, 1982
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber in the Municipal Building, City of Roanoke, on Monday, November 22,
1982, at 2:00 p.m., the regular meeting hour, with Mayor Noel C. Taylor presiding.
PRESENT: Council members James O. Trout, Elizabeth T. Bowles, Wendell H.
Butler (arrived at 2:20 p.m.), Robert A. Garland, James G. Harvey, II, Howard g.
Musser and Mayor Noel C. Taylor ........................................ 7.
ABSENT: None ......................................................... O.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. W. Robert Herbert,
Assistant City Manager; Mr. Wilburn C. Dibling, Jr., City Attorney; Mr. William X
Parsons, Assistant City Attorney; Mr. Joel M. Schlanger, Director of Finance; and
Mrs. Mary F. Parker, City Clerk.
l~e invocation was delivered by The Reverend Lonnie Wilson, Pastor, Garden
of Prayer Church.
The Pledge of Allegiance to the Flag of the United States of America was
led byMayor Taylor.
PROCLAMATIONS: The Mayor presented a proclamation declaring November 21 -
27 as National Family Week in the City of Roanoke.
(For full text, see proclamation on file in the City Clerk's Office.)
CLF~kN VALLEY COMMITTEE: Mr. Mark Becket, Executive Coordinator, Clean
Valley Committee, appeared before Council and presented the Mayor with a Certificate
from the Commonwealth of Virginia, Department of Conservation and Economic Develop-
ment, Division of Litter Control, recognizing that the City of Roanoke is a member
of the Clean Virginia System having satisfied the initial requirements in forming a
community improvement organization that shall be dedicated to implementing education,
communication, law enforcement and cleanup as components of a comprehensive program
of litter control.
The Mayor expressed appreciation on behalf of the citizens of the City of
Roanoke.
BID OPENINGS:
ROANOKE CITY COURTS FACILITY: Pursuant to notice of advertisement
for bids for a closed circuit television surveillance system for the
Roanoke City Courts Facility, said proposals to be received by the City
Clerk until 1:30 p.m., on Monday, November 22, 1982, 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 bad 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 Motorola Communications and Electronics, Incorporated,
in the amount of $65,094.00.
ACTION:
Mr. Garland 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.
ACTION: The Mayor appointed Messrs. Robert A. Garland, Chairman, Thomas F.
Brady and Alfred T. Beckley as members of the committee.
345
ACTION:
ACTION:
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the City Council and will be enacted by
one motion in the forms listed on the Consent Agenda, and if discussion is
desired, that item will be removed from the Consent Agenda and considered
separately. He noted that there are two requests for Executive Sessions of
Council to discuss personnel matters and legal matters included on the
Consent Agenda.
MINUTES: Minutes of the regular meeting of Council held on Monday,
November 1, 1982, were before the body.
(For full text, see mtmutes on file in the City Clerk's Office.)
Mr. Trout moved that the reading of the minutes be dispensed with and
that the minutes be approved as recorded. The motion was seconded by Mr.
Musser and adopted by the following vote:
AYES: Council members Trout, Bowles, Garland, Harvey, Musser and
Mayor Taylor ........................................................... 6.
NAYS: None ...................................................... 0.
(Council member Butler had not arrived at the meeting.)
COUNCIL: A co-,,unication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950), as
amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council convene in Executive Session to discuss
personnel matters relating to vacancies on various authorities, boards~
commissions and committees apppointed 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 Trout, Bowles, Garland, Harvey, Musser and
Mayor Taylor ............................................................ 6.
NAYS: None ....................................................... O.
(Council member Butler had not arrived at the meeting.)
ELECTIONS: A communication from Mr. Alton B. Prill,mmn, Secretary,
Roanoke City Electoral Board, transmitting certified copies of the abstract
of votes cast in the general and special election held on November 2,
1982, was before Council.
"Abstract of Votes cast in the City of Roanoke, Virginia, at the General
Election held the first Tuesday after the first Monday in November, 1982,
for
MEMBER
UNITED STATES SENATE
Names of Candidates
Richard J. "Dick" Davis
Paul S. Trible, Jr.
Ted Powers
John Voit
Richard Nixon
Mike Theos
French Slaughter
Daniel Park Teter
Total Votes
Received
(In Figures)
14,561
10,947
1
1
1
1
1
2
346
We, the undersigned Electoral Board, upon er-mination of the official
records deposited in the office of the Clerk of the Circuit Court of the
election held on November 2nd, 1982, do hereby certify that the above is a
true and correct Abstract o~ Votes cast at said Election for eM~-~er of
the Senate in the Congress of the United States.
Given under our hands this 4th day of November, 1982.
(Signed) Helba C. Pirkey Chairman
(Signed) Charles T. Green Vice Chairma~
(Signed) Alton B. Prillaman Secretary
A copy teste:
(SEAL) ~Slgned) Alton B. Prillaman Secretary, Electoral Board"
"Abstract of Votes cast in the City of Roanoke, Virginia, at the General
Election held the first Tuesday after the first Monday ln November, 1982,
for
MEMBER
HOUSE OF REPRESENTATIVES
6th District
Names of Candidates
Total Votes
Received
(In Figures)
James R. "Jim" Olin
Kevin G. Miller
Robert L. Fariss
Ray Garland
16,465
8,786
392
3
We, the undersigned Electoral Board, upon examination of the official
records deposited with the Clerk of the Circuit Court of the election held
on November 2, 1982, do hereby certify that the above is a true and correct
Abstract of Votes cast at said election for Member of the House of Representa-
tives in the Congress of the United States.
Given under our hands this 4th day of November, 1982.
(Signed) M~lba C. Pirkey
(Signed) Charles T. Green
{Signed) Alton B. Prillam~n
A copy teste:
(SEAL) .(Signed) Alton B. Prillaman
Chairman
Vice Chairman
Secretary
Secretary, Electoral Board"
MEMBER OF THE HOUSE OF DELEGATES
16th District
"Abstract of Votes east in the City of Roanoke, Virginia, at the Special
Election held the first Tuesday after the first Monday in November, 1982,
for
347
Names of Candidates
Total Votes
Received
(In Figures)
Clifton A. "Chip" Woodrum
David Bowers
10,037
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 2nd, 1982, do hereby certify that the above is a true and
correct Abstract of Votes cast at said election for Member of the House of
Delegates.
Given under our hands this 4th day of November, 1982.
(Signed) Melba C. Pirkey
Chairman
(Si~ned) Charles T. Green Vice Chairman
(Signed) Alton B. Prillaman Secretary
A copy teste:
(SEAL) (Si~ned) Alton B. Prillaman Secretary, Electoral Board"
"Abstract of Votes cast in the City of Roanoke, Virginia, at the Special
Election held the first Tuesday after the first Monday in November, 1982,
for
MEMBER OF THE HOUSE OF DELEGATES
17th District
Names of Candidates
Total Votes
Received
(In Figures)
A. V~ctor "Vic" Thomas
Alton Prillaman
John Voit
8,347
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 2nd, 1982, do hereby certify that the above is a true and
correct Abstract of Votes cast at said election for Member of the House of
Delegates.
Given under our hands this 4th day of November, 1982.
(Signed) Melba C. Pirkey
Chairman
(Signed) Charles T. Green Vice Chairman
(Signed) Alton B. Prillaman Secretary
A copy teste:
(SEAL) (Si~ned) Alton B. Priiiaman Secretary, Electoral Board"
348
ACT ION:
"Abstract of Votes cast in the City of Roanoke, Virginia, at the Special
Election held November 2, 1982, for
PROPOSED CONSTITUTIONAL AMENDMENTS
QUESTION 1: Shall the Constitution of Virginia be amev~ted
to change the information required to register to vote by
deleting marital status and occupation and by including
any prior legal name?
Total Votes
Received
YES 10~193
NO 7~878
QUESTION 2: Shall Section 1 of Article II of the Constitution
of Virginia be amended to authorize restoration of civil
rights to felons as may be provided by general law?
Total Votes
Received
YES 7~336
NO .10~657
QUESTION 3: Shall the Constitution of Virginia be amended to
authorize the General Assembly to limit the introduction of
legislation in the odd-year short session?
Total Votes
Received
YES 7~404
NO 10,177
We, the undersigned Electoral Board, upon examination of the official
records deposited in the office of the Clerk of the Circuit Court of the
election held on November 2, 1982, do hereby certify that the above is a
true and correct Abstract of Votes cast at said election for and against
the proposed amendments to the Constitution of Virginia.
Given under our hands this 4th day of November, 1982.
(Signed) Melba C. Pirkey
Chairman
(Signed) Charles T. Green Vice Chairman
(Sl~ned) Alton B. Prillmr~qn Secretary
A copy teste:
(SEAL) (Signed) Alton B. Prillaman Secretary, Electoral Board"
Mr. Trout moved that the communication and abstract of votes be re-
ceived and filed. The motion was seconded by Mr. Musser and adopted by
the following vote:
AYES: Council members Trout, Bowles, Garland, Harvey, Musser, and
Mayor Taylor ......................................................... 6.
NAYS: None ...................................................... O.
(Council member Butler had not arrived at the meeting.)
ACT ION:
ACTION:
ACTION:
349
HOUSING: An ~nnual report of the City of Roanoke Redevelopment and
Housing Authority for the period July 1, 1981, to June 30, 1982, was
before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Trout, Bowles, Garland, Harvey, Musser and
Mayor Taylor ...................................................... 6.
NAYS: None ..................................................... 0.
(Council member Butler had not arrived at the meeting.)
SCHOOLS: An annual report of the Roanoke City Public Schools for
1981-82, was before Council.
(For full text, see annual report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Trout, Bowles, Garland, Harvey, Musser and
Mayor Taylor .......................................................... 6.
NAYS: None ..................................................... 0.
(Council member Butler had not arrived at the meeting.)
COUNCIL: A report of the City Manager requesting an Executive Session
to discuss a matter involving other legal matters within the jurisdiction
of Council, pursuant to Section 2.1-344 (a) (6), Code of Virginia (1950),
as emended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council convene in Executive Session to discuss
other legal matters within the jurisdiction of Council, pursuant to Section
2.1-344 (a) (6), Code of Virginia (1950), as amended. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Trout, Bowles, Garland, Harvey, Musser av~
Mayor Taylor ........................................................ 6.
NAYS: None ..................................................... 0.
(Council member Butler had not arrived at the meeting.)
AUDITS: A report of the Director of Finance transmitting the financial
~eport for the month of October, 1982, was before Council.
(For full text, see financial report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Trout, Bowles, Garland, Harvey, Musser, and
Mayor Taylor ......................................................... 6.
NAYS: None ........................................................ 0.
(Council member Butler had not arrived at the meeting.)
350
ACTION:
ACTION:
ACTION:
ACTION:
HUMAN RESOURCES: The qualification of (Hrs.) Nina C. Bolden as a
member of the Advisory Board of Human Resources for a term emting Norther 30,
1983, was before Council.
(See Oath of Office on file /n the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Musser ,nd adopted by the following
vote:
AYES: Council members Trout, Bowles, Garlamd, Harvey, Musser and
Mayor Taylor ......................................................... 6.
NAYS: None .................................................... O.
(Council member Butler had not arrived at the meeting.)
YOUTH SERVICES CITIZEN BOARD: The qualification of Miss AJena L.
Cason as a member of the Youth Services Citizen Board for a term of three
years ending May 31, 1985, was before Council.
(See Oath of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Musser and adopted by the following
vote:
AYES: Council members Trout, Bowles, Garland, Harvey, Masser and
Mayor Taylor ....................................................... 6.
NAYS: None ........................................................ 0.
(Council member Butler had not arrived at the meeting.)
INDUSTRIES: The qualification of Mr. W. Bolling Izard as a Director
of the Industrial Development Authority for a term of four years ending
October 20, 1986, was before Council.
(See Oath of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Musser and adopted by the following
vote:
AYES: Council members Trout, Bowles, Garland, Harvey, Musser and
Mayor Taylor ...................................................... 6.
NAYS: None O.
(Council member Butler had not arrived at the meeting.)
TRAFFIC: The qualification of Messrs. George A. Hubbard and Richard
B. Burrow as members of the City of Roanoke Transportation Safety Commission
for terms of four years each ending October 31, 1986, was before Council.
(See Oaths of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Musser and adopted by the following
vote:
AYES: Council members Trout, Bowles, Garland, Harvey, Musser, and
Mayor Taylor ............................................................ 6.
NAYS: None ........................................................ 0.
(Council member Butler had not arrived at the meeting.)
351
ACT ION:
ACT ION:
.REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
CENTER IN THE SQUARE (WESTERN VIRGINIA FOUNDATION FOR THE ARTS AND
SCIENCES)-LEGISLATION-TAXES: Mr. William B. F~pkins, representing the
Western Virginia Foundation for the Arts and Sciences, appeared before
Council and advised that Article 10, Section 6 of the Constitution of
Virginia permits the General Assembly to exempt historical, benevolent,
charitable and cultural non-profit organizations from local taxation; and
Section 58-12 of the Code of Virginia exempts non-profit museums together
with numerous other historical cultural and charitable foundations from
local taxation.
Mr. Hopkins pointed out that more than four million dollars in State
funds have been allocated to cultural, charitable and historical founda-
tions and it is expected that said foundations will continue to receive
monies from the State from time to time; that there may be some question
as to whether the Western Virginia Foundation for the Arts and Sciences
and Center in the Square, Incorporated, are presently exempt from local
taxation in that they are not specifically named in the Code of Virginia;
and requested that Council request the General Assembly of Virginia to
specifically exempt from local taxation all of the properties owned by the
Western Virginia Foundation for the Arts and Sciences and Center in the
Square, Incorporated, and all properties owned by occupants of the Center
in the Square, Incorporated, viz: Mill Mountain Playhouse, Roanoke Museum
of Fine Arts, Roanoke Valley Science Museum, Roanoke Valley Arts Council
and Roanoke Valley Historical Society, which said properties are used
exclusively for cultural, charitable or historical purposes on a non-
profit basis.
At this point, 2:20 p.m., Council member Butler entered the meeting.
Mrs. Bowles offered the following Resolution:
(#26285) A RESOLUTION requesting the General Assembly of Virginia to
specifically exempt the Western Virginia Foundation for the Arts and
Sciences, its subsidiary Corporation, Center in the Square, Inc., and the
occupants of Center in the Square Building on Campbell Avenue namely: Mill
Mountain Playhouse, Roanoke Museum of Fine Arts, Roanoke Valley Science
Museum, Roanoke Valley Arts Council and Roanoke Valley Historical Society
from local taxation.
(For full text of Resolution, see Resolution Book No. 47, page 403.)
Mrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ........................................................ 7.
NAYS: None ......................................................... 0.
CITY GOVERNMENT: Mr. Roy E. Abbott, 1118 Winona Avenue, S. W.,
appeared before Council and read a prepared statement with regard to certain
observations of a searcher for the truth.
(For full text, see statement on file in the City Clerk's Office.)
Mr. Harvey moved that the statement be received and filed. The
motion was seconded by Mr. Musser and unanimously adopted.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
352
ACTION:
IT.S RECOMMENDED FOR ACTION:
DOGS-COMPLAINTS: The City Manager submitted a written report a~vis-
lng that on January 20, 1977, Council received a communication from Mr.
Richard E. Byrd, 3344 Crittendon Avenue, N. W., requesting that Council
review its ordinances controlling barking dogs, and Council referred the
matter to the Assistant City Mamager for report.
Mr. Ewert advised that changes have been affected in the Antm~l
Control Ordinance subsequent to Mr. Byrd's letter; that on April 17, 1980,
Chapter 2 of the old City Code of 1956, was revised and codified to comply
with State Code revisions on Animal Control (Chapter 6, Code of the City
of Roanoke (1979), as amended); and on July 1, 1980, City Ordinances
including the Animal Control Ordinance, were revised and codified, the
revision in Section 6-26 allows amtm~l impoundment after reasonable notice
to its owner if the animal becomes a public nuisance through loud, frequent
or habitual barking which disturbs the peace and quiet of any person or
neighborhood.
It was noted that the current situation is that legislation to
enable enforcement of Animal Control Ordinances is adequate as embodied in
City and State Codes, howover, Section 6-26 of the City Code could be
ame~ed to improve the ability of officers to establish an offense; that
the City Attorney has reviewed the language of Section 6-26 and drafted a
suggested amendment; and the Commonwealth's Attorney has reviewed the
suggested amendment and recommends its adoption.
The City Manager reco~ended that Council concur in the suggested
changes and amend Section 6-26 of the City Code which will offer two
advantages: first, the present section makes it mandatory that the barking
cause annoyance and disturb the peace and quiet of any person or neighborhood,
that the amended section reduces the standard of proof somewhat by providing
that the barking need only be such as is "likely to cause" annoyance and
disturb the peace and quiet of any person or neighborhood; that an animal
control officer should be permitted, as a reasonable man, to testify as to
what is likely to cause annoyance and disturb the peace amd quiet of a
neighborhood; and secondly, the amended version of Section 6-26 redefines
the offense to provide that the offense is completed when the loud, frequent
or habitual barking or howling is heard or observed by any warden, other
officer or other person, and this new definition of the offense should
alleviate some of the evidentiary problems which have heretofore been
encountered in proof of the offense.
(For full text, see reports on file in the City Clerk's Office.)
The Mayor advised of a telephone call he received from Mr. Ray T.
Lipscomb, 1619 Dunbar Avenue, N. W., in which Mr. Lipscomb stated that he
feels barking dogs serve a useful purpose by warming property owners of
prowlers in the neighborhgod.
Mr. Edmund A. Damus, 1920 Deyerle Road, S. W., appeared before Council
and said that Council should not involve itself in the matter of barking
dogs, and stated that dogs serve as protection i~ the neighborhoods.
Dr. Butler offered the following emergency Ordinance:
(#26286) AN ORDINANCE amending and reordaining Section 6-26, Barkin~
or howling dogs, Code of the City of Roanoke (1979), as amended, to provide
a different standard of proof for and a redefinition of the offense; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 404.)
Mr. Trout spoke against adoption of the Ordinance, advising that he does
not feel the City should end up as a referee over neighborhood disputes con-
cerning dogs; that the measure could penalize dog owners who have guard dogs
in high crime areas; and the City could make better use of the time of Animal
Control Officers and Police Officers than by asking them to settle disputes
between neighbors.
353
ACTION:
ACTION:
ACTION:
Following considerable discussion resarding the matter, Dr. Butler
moved the adoption of the Ordinance. The motion was seconded by Mrs.
Bowles and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser and
Mayor Taylor ...................................................... 6.
NAYS: Council me~ber Trout ...................................... 1.
BONDS-COUNCIL-CAPITAL IMPROVEMENTS PROGRAM-PARKS AND PLAYGROUNDS-
BUDGET: The City Manager submitted a written report advising that approval
of the Capital Budget Program by Council on November 15, 1982, was made
subject to the inclusion of an additional $200,000.00 in funding within
the Capital Improvements Program for Mill Mountain improvements; and the
recommended project funding for Mill Mountain improvements has been included
in a revised Capital Budget document attached to the report.
Mr. Ewert recom~ended that Council increase the General Fund portion
of the Capital Improvements Program by $200,000.00 in the Parks category
in order to provide for Mill Mountain improvements; and funding of the
additional $200,000.00 would be accomplished from $37,761.00 within the
Mill Mountain Improvements account in the Capital Projects Fund (these
funds were derived from fire insurance claim payments relating to the
Rockledge Imm) and anticipated interest earnings on the sale of $11.0
million in bonds will be used to fund the rmmmining $162,239.00.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowies moved that Council concur in the recommendation. The
motion was seconded by Mr. Trout and unanimously adopted.
Mr. Trout offered the following Resolution:
(#26287) A RESOLUTION expressing the concurrence of Council in a
five-year capital improvement program and a capital maintenance and equip-
ment replacement program presented to Council by report of November 8,
1982, as amended by report of November 22, 1982.
(For full text of Resolution, see Resolution Book No. 47, page 405.)
Mr. Trout moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ........................................................... 7.
NAYS: None ....................................................... 0.
The Director of Finance submitted a written report explaining the
contents of two proposed budget Ordinances, advising that the budget
ordinance beginning with "Revenue" accomplishes the following:
1. Adjusts the fiscal year 1983 General Fund revenues as presented and
explained on pages 82-85 of the Capital budget report. In addition to. the
$40,000.00 increase in the Cable Television estimate (Item 10) for fiscal
year 1982 as explained in the Capital budget report, it also reflects an
increase of the one-time payment of $124,104.00 in back taxes. Item 25
reflects the one-time reimbursement of $210,570.00 on Tinker Creek.
Mr. Schlanger further explained that the line item described under
Fund Balance Undesignated - reflects:
Fiscal year 1983 Undesignated Fund Balance
as audited
Less appropriation to Airport Runway
Less appropriation to Law Library
$ 1,999,948
-1,149,993
3~024
Undesignated Balance $ 846~931
354
ACTION:
ACTION:
The Director of Finance further advised that the line item described
as Reserved for Capital Maintenance amd Equipment I~eplacement ($1,035,072)
is comprised of the one-time amounts for Cable Television az~ Tinker Creek
Reimbursements and the $700,398.00 in fiscal year 1983 net revenue adjust-
ments as described above.
Mr. Schlanger further explained that the second ordinance beginning
with General Fund - Appropriations accomplishes the following:
a. Items 1 - 10 appropriate the sum of $1,017,546 to the proper
accounts as recommended to Council in the City Manager's report dated
November 15, 1982 - Recommended Expenditures from Capital Maintenance and
Equipment Replacement program, pages 2 - 5; that items 11 and 12 transfer
and appropriate $344,000.00 for the Landfill Baler as rec~nded on pages
5 and 10 of the Capital budget; and under Fund Balance - Undesignated
reflects the actions of lines 1 -11 that Council will have, if passed,
appropriated the entire undesignated Fund Balance to the proper accounts
and set aside the $520,457.00 for the Schools as reco~ended in the Capital
budget on page 10. As the School Board submits their request to Council
and if Council approves, this sum will be transferred to the appropriate
School Board accounts for expenditure.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#26288) AN ORDINANCE to amend and reordain certain sections of the
1982-g3 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ord/nance, see Ordinance Book No. 47, page 405.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Hr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ......................................................... 7.
NAYS: None .......................................................... O.
Mrs. Bowles offered the following emergency Ordinance:
(#26289) AN ORDINANCE to amend and reordain certain sections of the
1982-83 General and Capital Funds Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 406.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ....................................................... 7.
NAYS: None ......................................................... O.
The Director of Finance submitted a w~itten report advising that one
of the many aspects of a bond issue is to appoint a paying agent and the
paying agent acts as an agent for the municipality in making the bond
interest and principal payments.
He pointed out that the only contact between the community and the
investor, once the bonds are delivered, is through the paying agent; that
the paying agent sends interest payments and principal repayments to
investors and keeps the accounting records of payments to investors; and
holders of municipal bonds receive their interest payments semiannually,
unlike holders of United States savings bonds who receive a single interest
payment only when their bonds mature.
355
ACTION:
ACTION:
Mr. Schlanger explained that paying agents base their fee on the num-
ber of coupons and the number of bonds in an issue; and there will be
2,200 bonds printed in the $5,000 denom/nation and over the life of the
bond issue there will be 32,640 coupons paid.
The Director of Finance advised that proposals were solicited by
telephone from local banks and recommended that the Bank of Virginia be
appointed as paying agent for this issue; that although the Bank of Virginia
was not the low proposal, United Virginia Bank would not guarantee their
rates over the life of the issue; that all others who submitted proposals
are guaranteed over the life of the issue, and Colonial American National
Bank withdrew their proposal.
Mr. Schlanger recommended that Council adopt an Ordinance accepting
the proposal of the Bank of Virgin/ua.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency Ordinance:
(#26290) AN ORDINANCE providing for the execution of a Paying Agency
Agreement between the City of Roanoke and the Bank of Virginia Trust
Company as fiscal agent of the City and to designate the principal office
of such Bank, together with Bankers Trust Company, as alternate places of
payment relating to the City's payment of the bonds authorized by Resolution
No. 25160, adopted on June 9, 1980, and of the interest coupons maturing
on said bonds; providing for the periodic destruction of the aforesaid
bonds and interest coupons and certification of the facts of payment and
destruction in the manner and form provided by Section-15.1-184.1, Code of
Virginia (1950), as amended; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 407.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ....................................................... 7.
NAYS: None ..................................................... O.
The Director of Finance submitted a written report requesting a
special meeting of the Council on Tuesday, December 14, 1982, at 11:00
a.m., for the purpose of publicly opening the sealed proposals for the
purchase of the $11,000,000 Public Improvement Bonds, Series 1982, advising
that the normal procedure will be to open the bids, refer them to the
Director of Finance, the City Manager and the City Attorney, recess the
meeting and await a report from the abovementioned committee to either
accept a certain bid or reject them all.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
(#26291) A RESOLUTION providing for a Special Meeting of the Council
to be held on Tuesday, December 14, 1982, at 11:00 a.m., Eastern Standard
Time.
(For full text of Resolution, see Resolution Book No. 47, page 408.)
Mr. Trout moved the adoption of the Resolution. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ...................................................... 7.
NAYS: None ..................... O.
56
ACTION:
ACTION:
Hr. Trout moved that the following Ordinance amending the City Code
to provide that at the close of each fiscal year, a sum equal to ten per
cant of total general fund appropriations for such fiscal year mi~us any
sums paid for general fund debt service during such fiscal year, to the
extent available from any undesignated fund balance at the end of such
fiscal year, shall be reserved for capital improvements and capital mainten-
ance and equipment replacement; that under no circumstances shall such
reserve create a deficit in the general fund; and funds reserved for
capital improvements and capital maintenance and equipment replacement
shall be expended only pursuant to ordinance adopted by Council, be placed
upon its first reading:
(#26292) AN ORDINANCE emending the Code of the City of Roanoke
(1979), as amended, by enacting new Section 2-188, Reserve for capital
improvements and capital maintenance and equipment replacement, to provide
a certain reserve in the General Fund for capital needs of the City.
(For full text of Ordinance, see Ordinance Book No. 47, page 411.)
The motion was seconded by Mr. Musser and adopted by the following
vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor .......................................................... 7.
NAYS: None-~ ....................................................... 0.
REPORTS OF COMMITTEES:
EQUIPMENT-ROANOKE CITY COUP~TS FACILITY: Council member Robert A.
Garland, Chairman of the co~nittee appointed by the Mayor to study the bid
received for the Roanoke City Courts Facility courts recording system,
submitted a written report recommending that the bid of Lanier Business
Products, in the amount of $34,881.00, and a specified completion date of
January 14, 1983, be accepted.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#26293) AN ORDINANCE accepting the bid of Lanier Business Products
for furnishing and installing a recording system in the Roanoke City
courts 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 providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 409.)
Hr, Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ............................................................ 7.
NAYS: None ...........................................................
BUDGET-LIBRARIES: Council member Robert A. Garland, Chairman of the
committee appointed by the Mayor to tabulate bids received for interior
furnishings at the Williamson Road Branch Library, submitted a written
report recommending that the low total bid of King Business Interiors, for
the total sum of $30,727.75 and 90 consecutive calendar days completion
time, be accepted; and that Council authorize the transfer of $5,537.02
from Raleigh Court Library Addition Account No. A08180191565 and $25,190.73
from General Contingency Reserve Account No. A01941032006 to the Williamson
Road Branch Library Account No. A08180191670, for a total sum of $30,727.75.
(For full text, see report on file in the City Clerk's Office.)
357
ACT ION:
ACTION:
ACTION:
Mr. Garlamd offered, the following emergency O~dinance providing for
the recommemded transfer of f~nds:
(#26294) AN ORDINANCE to amer~ amd reordain certain sections of the
1982-83 General amd Capital Funds Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 409.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout amd adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
amd Mayor Taylor ....................................................... 7.
NAYS: None ......................................................... O.
Mr. Garland offered the following emergency Ordinance accepting the
bid of King Business Interiors, Incorporated:
(#26295) AN ORDINANCE acceptin~ a bid for providing and installing
furnishings at the Williamson Road Branch Library; authorizing a contract
to be entered into for such work; rejecting another bid made to the City
for such work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 410.)
Mr. Garland moved the adoption ~f the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ..................................................... 7.
NAYS: None ..........
ROANOKE CITY COURTS FACILITY: Council member Eobert A. Garland,
Chairman of the committee appointed by the'Mayor to tabulate bids received
for furnishings for the Roanoke City Courts facility, submitted a written
report reconnnending that the low bid of Everett Waddey for the r-mmining
office furnishings, in the amount of $123,019.26, be accepted.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance accepting the
bid of Everett Waddey:
(#26296) AN ORDINANCE awarding a contract for the furnishing of the
new City Courthouse; rejecting other bids received for said furnishings;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 410.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser and Mayor
Taylor .......... ~ .......................................................... 6.
NAYS: None ........................................................... 0.
(Council member Trout was out of the Council Chamber.)
AUDIT COMMITTEE: Council member James G. Harvey, II, Chairman of the
Audit Committee, submitted minutes of the meeting held on November 15,
1982, advising that the Committee reviewed and approved the proposed
Policy for Electronic Data Processing Audit by the Municipal Auditor; and
58
ACT ION:
ACTION:
reviewed, received and filed the following audit reports from the Municipal
Auditor: Roanoke City Public School Activity Funds, Roanoke City Public
School Central Investment Fund, and City of Roanoke Medical Insurance
Account.
Mr. Harvey advised that the Committee reviewed, received and filed
the following reports from Peat, Marwick, Mitchell & Company: Evaluation
of the Municipal Audit Department, Employees' Retirement System Financial
Statements, Employees' Retir~m, nt Syste~ Management Letter, a~d Single
Audit Report for Federal Grants-In-Aid; and the Committee carried the City
of Roanoke Management Letter over to the next regular Audit Committee
meeting.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Harvey moved that the minutes be received and filed. The motion
was seconded by Mr. Garland and adopted, Council member Trout was out of
the Council Chamber.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
STREETS AND ALLEYS: Ordinance No. 26275 permanently vacating, dis-
continuing and closing Fugate Road, N. E., from Shenandoah Valley Avenue
easterly to the Norfolk and Western Railroad Company right of way, having
previously been before the Council for its first reading on Monday November 8,
1982, 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 ad~ption:
(#26275) AN ORDINANCE permanently vacating, discontinuing and closing
a part of Fugate Road, N. E., in the City of Roanoke, Virginia, as is more
particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 47, page 403.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, and
Mayor Taylor ........................................................... 6.
NAYS: None ....................................................... 0.
(Council member Trout was out of the Council Chamber.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR CO~SMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 3:40 p.m., the Mayor declared the meeting recessed.
At 4:40 p.m., the meeting reconvened in the Council Chamber, with all
members of the Council present, Mayor Taylor presiding.
TRAFFIC: The Mayor advised that there is a vacancy on the City of
Roanoke Transportation Safety Commission due to the resignation of Mr. R. P. Via
and called for nominations to fill the vacancy.
Mr. Garland placed in nomination the name of Mr. Chauncey L. Logan.
There being no further nominations, Mr. Logan was appointed as a
member of the City of Roanoke Transportation Safety Commission for a term
of four years ending October 31, 1986, by the following vote:
359
ACTION:
ACTION:
ATTEST:
FOR MR. LOGAN: Council members Trout, Bowles, Butler, Garland,
Harvey and Mayor Taylor ......................................... 7.
PUBLIC ASSISTANCE: The Mayor advised that the four year terms of
(Hrs.) Amelia J. Perkins and Mr. Payton H. Moore a~ members of the Advisory
Board of Human Resources will e~pire on November 30, 1982, and called for
nominatio~s to fill the vacancies.
Mr. Musser placed in nominatiom the names of (Mrs.) Amelia J. Perkins
and Mr. Payton H, Moore.
There being no further nominations, Mrs. Perkins and Mr. Moore were
reappointed as members of the Advisory Board of Mu-~n Resources for terms
of four years each eading November 30, 1986, by the following vote:
FOR MRS. PERKINS AND MR. MOORE: Council me~bers Trout, Bowles,
Butler, Garland, Harvey, Musser and Mayor Taylor ..................... 7.
There being no further business, the Mayor declared the meeting
adjourned at 4:45 p.m.
City Clerk
APPROVED
Mayor
360
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
December 6, 1982
? :30 p.m.
The Council of the City of Roanoke met in regular meeting in the Fallon
Park Elementary School Gymtorium on Monday, December 6, 1982, at 7:30 p.m., the
regular meeting hour, with Mayor Noel C. Taylor presiding.
PRESENT: Council members Wendell H. Butler, Robert A. Garland, James G.
Harvey, II, Howard E. Musser, James O. Trout and Mayor Noel C. Taylor ........... 6.
ABSENT: Council member Elizabeth T. Bowles ......................... 1.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. W. Robert Herbert,
Assistant City Manager; Mr. Wilburn C. Dibling, Jr., City Attorney; Mr. James D.
Grisso, Deputy Director of Finance; and Ms. Mary F. Parker, City Clerk.
The invocation was delivered by Mayor Taylor.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Taylor.
The Mayor advised that this is the second of the quarterly meetings that
the members of Council voted to hold in the neighborhoods and welcomed southeast
residents to the City Council meeting.
BID OPENINGS:
ROANOKE CITY COURTS FACILITY: Pursuant to notice of advertisement
for bids on a sound reinforcement system for the Roanoke City Courts
Facility, said proposals to be received by the City Clerk until 4:30 p.m.,
on Monday, December 6, 1982, 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 advertise-
ment 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 Lee
Hartman & Sons, Inc., in the amount of $19,788.00.
ACTION:
Dr. Butler moved that the bid be referred to a commlttee to be appointed
by the Mayor for study, report and recommendation to Council. The motion
was seconded by Mr. Harvey and unanimously adopted.
ACTION:
The Mayor appointed Messrs. Robert A. Garland, Chairman, Thomas F.
Brady and Alfred T. Beckley as members of the committee.
CONSENT AGENDA:
The Mayor advised that all matters listed on the Consent Agenda are
considered to be routine by the City Council and will be enacted by one
motion in the forms listed on the Consent Agenda, and if discussion is
desired, that item will be removed from the Consent Agenda and considered
separately. He called attention to two requests for Executive Sessions of
Council to consider matters of potential litigation.
MINUTES: M~nutes of the regular meetings of Council held on Monday,
November 8, 1982, and Monday, November 22, 1982, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
ACTION:
Mr. Trout moved that Council dispense with the reading of the minutes
and that the minutes be approved as recorded. The motion was seconded by
Mr. Musser and adopted by the following vote:
261
ACTION:
ACTION:
ACTION:
AYES: Council m-mbers Butler, Garland, Harvey, Musser, Trout aha
Mayor Taylor ................................ 6.
NAYS: None ~ ~ O.
(Council member Bowles was absent.)
HEALTH: A communication from (Mrs.) Phyllis Olin tendering her
resignation as a member of the Mental Health Services Board, was before
Council.
(For full text, see co~unication on file in the City Clerk's Office.)
Mr. Trout moved that the resignation be accepted with regret and that
the co~unication be received and filed. The motion was seconded by Mr.
Musser and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Musser, Trout and
Mayor Taylor ........................................................... 6.
NAYS: None ........................................................ 0.
(Council member Bowles was absent.)
COUNCIL: A report of the City Manager requesting an Executive Session
to discuss a matter involving potential litigation pursuant to Section
2.1-344 (a) (6), Code of Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council convene in Executive Session to discuss
a matter involving potential litigation pursuant to Section 2.1-344 (a)
(6), Code of Virginia (1950), as amended. The motion was seconded by Mr.
Mussem and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Musser, Trout, and
Mayor Taylor .............................................................. 6.
NAYS: None ....................................................... 0.
(Council member Bowles was absent.)
COUNCIL: A report of the City Attorney requesting an Executive
Session to discuss a matter of potential litigation pursuant to Section
2.1-344 (a) (6), Code of Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council convene in Executive Session to discuss
a matter of potential litigation pursuant to Section 2.1-344 (a) (6), Code
of Virginia (1950), as amended. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Musser, Trout and
Mayor Taylor .......................................................... 6.
NAYS: None ....................................................... 0.
(Council member Bowles was absent.)
TRAFFIC: The qualification of Mr. Chauncey L. Logan as a member of
the City of Roanoke Transportation Safety Commission for a t~rm of four
years ending October 31, 1986, was before Council.
(See Oath of Office on file in the City Clerk's Office.)
362
ACTION:
ACTION:
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Museer and adopted.by the following
vote: :.'
AYES: Council members Butler, Garland, Harvey, Musser, Trout and
Mayor Taylor ............................................ 6.
NAYS: None
-0.
(Council member Bowles was absent.)
PENDING ITEMS: A list of items pending from July 1978, through
November 1982, was before Council.
(For full text, see pending list on file in the City Clerk's Office.)
Mr. Trout moved that the pending list be received and filed. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Musser, Trout and
Mayor Taylor ................................................... 6.
NAYS: None ....................................................... 0.
(Council member Bowles was absent.)
COUNCIL: Council member Trout orally requested that Council meet in
Executive Session to discuss a matter involving disposition of publicly
held property pursuant to Section 2.1-344 (a) (2), of the Code of Virginia
(1950), as emended.
Mr. Trout moved that Council convene in Executive Session to discuss
a matter involving disposition of publicly held property pursuant to
Section 2.1-344 (a) (2), of the Code of Virginia (1950), as amended. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Musser, Trout and
Mayor Taylor ........................................................... 6.
NAYS: None ................................................... 0.
(Council member Bowles was absent.)
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
TAXES: A communication from Ms. Linda M. Phillips requesting that a
late penalty on her taxes be waived due to an error in mailing her tax
notice to the wrong address, was before Council.
(For full text, see commmunication on file in the City Clerk's Office.)
A communication from the Treasurer advising that the City of Roanoke
has approximately 42,000 real estate tax parcels, and the Treasurer's
Office is responsible for maintaining the mailing addresses for these tax
assessments whether they are mailed to individual homeowners or mortgage
loan escrow companies; that the Treasurer's Office places considerable
emphasis on maintaining the correct mailing addresses for taxpayers and
often payments are received in the Treasurer's Office in which there are
three different addresses - on the check, on the return envelope, and on
the tax ticket. He said it is a judgment decision placed upon the Treasurer's
Office staff as to which address is correct, and past experience shows the
return addres% has been the most accurate, therefore, the office made the
change on MrS.~ Phillips installment payment.
ACTION:
ACTION:
363
Hr. Peters advised that in reviewing the property assessed in the
names of David M. and L/nde M. Phillips for 1980, the Treasurer's Office
received the fourth installment payment on December 16, 1980, after the
ten per cent penalty had been added on December 5; and, also, the fiscal
year 1981-82 real estate tax shows the property transferred to Linda M.
Phillips and the first installment was paid on November 5, 1981, again
after the ten per cent penalty date of October 5, 1981.
The Treasurer further advised that he is sorry Mrs. Phillips did not
receive the first installment of the 1982-83 real estate tax bill prior to
the October 5 payment date, however, under a judgment decision the Treasurer's
Office did make the address change with good faith that the address was
correct and his office has noted this complaint and future address changes
will not be made to Mrs. Phillips' account without written authorization.
(For full text, see co~nunication on file in the City Clerk's Office.)
Mr. Harvey moved that the communications from Mrs. Phillips and the
Treasurer be received and filed. The motion was seconded by Mr. Trout and
adopted.
REPORTS OF OFFICERS:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
ROANOKE CITY COURTS FACILITY: The City Manager submitted a written
report advising that construction contract for the Roanoke City Courts
Facility was approved by Ordinance No. 25253 on October 27, 1980, for
$8,664,000.00 with R. E. Lee and Son, Inc.; that change orders to date,
including Change Order No. 16 for court signage that was approved by
Council on September 27, 1982, have added $107,010.92 to the original
contract, bringing the total for construction to date to $8,771,010.92.
Mr. Ewert advised that the current situation is that changes to the
contract documents have been made to improve the building by providing
additional security for the Judges and by improving the operational func-
tions of the building; and cost of changes was anticipated in the budget
presented to Council on September 7, 1982, Interior Furnishings and Funding
Situation for Courthouse.
The City Manager recommended that Council approve issuance of Change
Order No. 17 to the contract with R. E. Lee and Son, Inc., for the sum of
$31,422.00, the total amount of the contract to become $8,802,432.92.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#26297) AN ORDINANCE approving the issuance of Change Order No. 17
to the City's contract with R. E. Lee & Son, Inc., for construction of the
City Courts Facility; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 411.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Musser, Trout and
Mayor Taylor .............................................................. 6.
NAYS: None ........................................................... 0.
(Council member Bowles was absent.)
CITY ATTORNEY:
ACTION:
CITY CODE-PROCUR~ENT CODE-PURCHASING-ENGINEERING: The City Attorney
submitted a written report transmitting for the consideration of Council a
Procurement Code which, if adopted, will formalize the public procurement
policies and procedures of the City for the first time. He noted that
Council members are aware of the cost of procuring goods, services and
construction; that taxpayers are rightly concerned as to how their tax
money is being spent and through the adoption of the recommended Procure-
ment Code, Council will be encouraging competition, insuring fair and
equitable treatment for all those participating in the procurement process
and furthering the objective that the City should obtain the highest
quality goods, services and construction at the lowest possible cost.
(For full text, see report on file in the City Clerk's Office.)
Following explanation by the City Attorney of the proposed Procure-
ment Code and questions by the members of Council, Mr. Garland offered the
following emergency Ordinance:
(#26298) AN ORDINANCE amending the Code of the City of Roanoke
(1979), as amended, by enacting a new Chapter 23.1, Procurement, consisting
of new Sections 23.1-1 through 23.1-23, such new Chapter generally establish-
lng a policy and procedure for procurement of goods, services and construction
by the City, and, specifically, stating a legislative purpose, establishing
when bidding is necessary, enumerating exceptions from the bidding requirement,
establishing bid opening and bid evaluation procedures, addressing the use
of brand names in specifications, authorizing certain factors to be considered
in determination of lowest responsible bidder, establishing a method for
withdrawal of bids, prescribing required bonds and amounts, setting forth
actions on bonds, requiring retainage in certain amounts, prohibiting
employment discrimination, defining remedies available to aggrieved vendors
and contractors and prescribing ethical standards for public employees
involved in the procurement process; repealing Section 2-185, Purchases to
conform to Charter and Council regulations; free competition required,
and Section 2-187, Certain bids to be opened by co~nittee and reported to
Council; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 412.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Musser, Trout and
Mayor Taylor ........................................................ 6.
NAYS: None ...................................................... 0.
(Council member Bowles was absent.)
DIRECTOR OF FINANCE:
BUDGET-HOUSING-GRANTS: The Director of Finance submitted a written
report advising that by agreement with the City of Roanoke, the Roanoke
Redevelopment and Housing Authority administers a significant segment of
the City's Community Development Block Grant Program; that the Housing
Authority receives program income during the course of its administration
of various projects by disposing of real estate and equipment, by renting
properties, and by receiving rehabilitation loan repayments from project
area residents; and the Housing Authority is required to transfer this
program income to the City of Roanoke and the City of Roanoke is required
to use the income for a community development activity.
Mr. Schlanger noted that the Housing Authority has made payment to
the City in the amount of $17,387.52 for the following categories of
program income:
$ 1.00 for sale of land in Downtown East;
$ 1,296.00 in rental payments by tenants in urban renewal projects;
$16,090.52 in rehabilitation loan repayments by project residents.
365
ACTION:
The Director of Finance advised that Council has previously appropriated
$15,765.00 of this program income for Economic Development as per Ordinance
No. 26281 and recommended that Council appropriate the remainimg program
income of $1,622.52 received from the Housing Authority as follows:
$1,297.00
to account A35668200415, Unprogrmmm-d C.D.B.G. -
Nonsettlement. This amnunt is income from the
rental of property to tenants and the sale of land
not subject to repayment to H.U.D. The total of
$1,297.00 will be available for future appropria-
tion transfers for a community development purpose;
and
$ 325.52
to account A35668200416, Unprogra,~,ed C.D.B.G. -
Rehabilitation Loans. This amount is income from
the repayment of rehabilitation loans by project
residents. The total of $325.52 will be available
for future appropriation transfers for a co~m~unity
development purpose.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#26299) AN ORDINANCE to amend and reordain certain sections of the
1982-83 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 417.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mr. Musser and adopted ~y the following vote:
AYES: Council members Butler, Garland, Harvey, Musser, Trout and Mayor
Taylor ................................................................. 6.
NAYS: None .......................................................... O.
(Council member Bowles was absent.)
REPORTS OF CO~ITTEES:
CELEBRATIONS: Mrs. William B. Bagbey, Vice-President, Roanoke Centennial
Committee, appeared before Council and presented a written report advising
that during the Centennial year, the Committee sponsored 23 major events and
projects and coordinated 61 other community events; that over 160,000 citizens
were directly involved in the major events and the committee received contributions
of cash, goods and services in excess of $168,000; that it is believed the
City's total Centennial program could be valued at more than $600,000,
however, there is no way to place a value on the good this program has done
for the City. In su-,--ry, she advised that the entire Centennial Committee
and Executive Committee unanimously recommend to Council that the progr~m~
and staff continue into Roanoke's second century.
Mrs. Charles M. Glover advised that in addition to the events, the
Committee is very proud of the Centennial Center on South Jefferson Street
which served as a focal point during the year with displays, slide showings
and souvenirs; that the Center was a combined effort with many nice furnishings
and gifts from generous businesses in the City, and an estimated 1,500
volunteer hours for the operation of same; and that the Committee is proud
of the slide show which was months in the planning and proved to be one of
the best received parts of the Centennial. She advised while figures on the
financial statement are incomplete pending events still to come this year,
they are as follows:
$ 75,000.00 - Roanoke City Council appropriation
168,000.00 - direct contributions of cash, goods and services
45,000.00 - revenue from all other sources
300,000.00 - other community Centennial projects and gifts estimate
$588,000.00 - total
366
ACTION:
ACTION:
She noted that it is almost impossible to put a dollar a~ount on what was
spent by persons, organizations and businesses not under the direction or
sponsorship of the Committee, and that the actual amount could far exceed
the $300,000.00 estimate. She expressed her honor and privilege at serving
on the Centenn/al Co~ittee and her appreciation for be/~ appo/nted as a
member.
Mr. Barton W. Morris presented recommendations regarding the possibility
of continuing special celebrations on an annual basis, as follows: (1) That
Council appoint an autonomous citizen's committee to continue to plan events,
activities and other programs that would carry on the spirit of the Centennial
year, and that this independent co~mtttee would be similar in form to the
Roanoke Centennial Committee, thereby enabling it to receive contributions
and perform functions that are an adjunct and complement to the regular
operations of the city departments. (2) The committee should be appointed by
Roanoke City Council. (3) To insure the success of the committee and
appropriate representation by the City, the services of the two Centennial
employees should be retained to coordinate the work of the committee with
the on-going work of other city departments. Presently, the Centennial
Coordinator is a full time City position while the Major Events Chairman has
a period of released time from the school system supplemented by an enormous
contribution of volunteer time end under this plan the School Board would be
requested to continue released time at its present level with the City
providing an appropriate su~ry salary, noting that the continuity and
expertise these two persons bring are essential to the success of the new
endeavor. (4) That Council demonstrate its support of this project, establish-
lng it as a part of the permanent budget as of January 1, 1983, and by
appropriating funds to cover personnel and other operational expenses on an
annual basis, noting that while it is impossible at this time to suggest the
size of the total budget, it is the belief of the Centennial Committee that
the major funding of events will be provided by sponsors and underwriters
and funds remaining in the Centennial Account should be turned over to the
new committee so events cam be undertaken while private underwriting is
being obtained. (5) A valuable service of the new committee and its staff
would be to serve as a clearinghouse for City-wide events including existing
annual events and others as they may arise, that this coordination would
ensure a variety of events, proper use of city facilities and services,
continued quality of established events as well as new ones and prevention
of scheduling duplication. (6) To ensure a seamless transition from the
Roanoke Centennial Committee to this new committee and to make sure that the
momentum of 1982 is not lost, the Centennial Committee recommends that
appointments be made as soon as possible to enable work to begin soon after
December 31, 1982.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report of the Centennial Committee be received
and filed. The motion was seconded by Mr. Musser and adopted,
Mr. Trout further moved that the recommendations of the Centennial
Committee be referred to the City Manager for study, report and recommenda-
tion to Council. The motion was seconded by Mr. Musser and adopted.
YOUTH: (Mrs.) Vanetta Stockton, Chairman, Youth Services Citizen Board,
appeared before Council and reported on the second year of operation of the
Youth Services Citizen Board.
(Mrs.) Sara Holland appeared before Council and presented recommendations
of the Employment Task Force of the Youth Services Citizen Board as follows:
1. That Council adopt a policy with regard to the City's commitment to
jobs for youth.
2. That Council encourage the City Administration to coordinate the
development of viable employment programs between the business community,
the city municipal government and the public schools.
3. That the City allocate money to fund X number of job slots in the
various municipal offices. These job slots would provide the opportunity
367
for youth to obtain practical work experience while learning Job skills that
would be transferrable to permanent full time employment. It would provide
income as well as additiomal manpower to the various departments, such as
drafting aides, office aides, receptionist, messemger, mail clerks, personnel
aides, laborers, recreation aides amd teacher aides, etc.
4. That the City provide incentives to area businesses for their
participation in employment of youth, similar to that of the Targeted Jobs
Tax Credit Program.
5. That Council use its influence with the private sector of business
to encourage funding of slots for unemployed youth. Full-time employment
and part-time as an incentive to remain in or continue their education.
Mrs. Holland then presented the following recom-~ndations of the Task
Force on Mental Health/Substance Abuse of the Youth Services Citizen Board:
"1. Parenting help (centered around topics parents have difficulty
dealing with ... drugs, including alcohol, sex, etc.)
Youth Office should cause (sponsor, co-sponsor, get some
group to do M.H.A., Jr. League, for example) a many faceted
educational experience for parents to assist them in parent-
ing around certain topics. [Via P.T.A. programs, throughout
year, one day seminar, series of TV P.S.A.'s designed by
professional advertising person, flyers (under-written with
other groups' dollars) etc.] This would be considered a preven-
tion and an intervention effort the Office could promote.
It would also be a coordinating method, because most agencies
should be involved in planning, etc., and the other prong of
the effort during promotion and as a followup to any seminar
is that many and various programs would be highlighted (com-
munity awareness) and encouraged to develop materials which
tell their story and distribute widely with volunteer help
(asking targeted volunteer groups to get involved, maybe even
in the development of the flyer or whatever).
This entire concept should be spearheaded by the Office, but
with a professional public relations person (volunteer) close
at hand to coordinate timing, etc. Fall of 1982, would seem
fair target date for such an "event" with other aspects of
the plan beginning in Spring of 1982, and continuing after.
Develop or endorse project in conjunction with Planned Parenthood,
Red Cross and/or Mental Health units to focus on problems of teenage
girls in Roanoke ... too many dropouts, too many pregnancies, alcohol
and drug issues related to young girls and their babies -- let's
not allow these girls to fall through the cracks unnoticed. Office
should he aware of, initiate and endorse efforts on behalf of our
teenage girls.
Gaping service gap is the absence of a residential treatment facility
for the adolescent alcoholic. Let's spearhead the closer look at this
need. With alcohol becoming more and more the prevalent drug
mentioned as abused by our teens, does this void make sense? Why
throw them in with kids with multiple drug problems?
Apparently, certain neighborhoods do suffer from the "nothing to
do" syndrome which often leads kids down negative paths ... drugs,
crime and vandalism. Let us look at this with Recreation Task
Force and representatives of Neighborhood Partnership studies and
include kids and the Youth Bureau, plus representatives from
Roanoke Neighborhood Alliance, Williamson Road Action Forum and
Fallon Park Community Education program. This should surely be
part of am annual plan for delinquency reduction.
368
ACTION:
ACTION:
Youth Office should advocate and work toward further implementa-
tion of a case management concept for our troubled young people -
even those who are out-patients who may not fall under the recent
mandate. This is not impossible to imagine as a volunteer Job -
the right volunteer, perhaps formerly a case worker, well trained
and with "team" to report back to, much like the multi-discipline
team on child abuse and neglect.
Youth Office should be involved in expanding general public's
awareness of services and, along with service providers, work to
reduce hesitancy of general public to admit they need help. Point
is not to generate zillions more clients when dollars are less and
services bulging, but simply to get folks to help sources sooner -
encouraging young people, for example, to look for help (agencies,
schools, parents - wherever they can) before retreating into
escapes such as drugs.
Each of these plans would easily fall under one or several of the
stated functions of the Office on Youth."
Mrs. Stockton advised that the Board requests that Council study their
findings and authorize the City Administration to further explore the recom-
mendations with the Board, take appropriate action, if necessary; and continue
to support the Board's efforts whenever possible.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Harvey moved that the recommendations of the Youth Services Citizen
Board be referred to the City Manager for study, report and reco~mendation
to Council. The motion was seconded by Mr. Trout and adopted.
ROANOKE CITY COURTS FACILITY: Council m~mher Robert A. Garland, Chairman
of the committee appointed by the Mayor to tabulate bids received for the
Roanoke City Courts Facility closed circuit television surveillance system
submitted a written report of the committee recom~uding that the bid of
Motorola C & E, Inc., in the amount of $65,094.00, and contract completion
date of March 15, 1983, be accepted.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#26300) AN ORDINANCE accepting the bid of Motorola Communications and
Electronics, Inc., for furnishing and installing a CCTV Surveillance System
in the Roanoke City Courts Facility, specifying a date for completion of the
work, upon certain terms and conditions, and awarding a contract therefor;
authorizing the proper City officials to execute the requisite contract for
such work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 417.)
Mr. Garland moved the adoption of the Ordinance. The motion was seconded
by Dr. Butler and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Musser, Trout, and
Mayor Taylor ............................................................... 6.
NAYS: None ........................................................... O.
(Council member Bowles was absent.)
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
CAPITAL IMPROVEMENTS: Ordinance No. 26292 amending the City Code by
enacting a new section to provide a certain reserve in the General Fund for
369
ACTION:
capital needs of the City, having previously been before the Council for its
first reading on Monday, November 22, 1982, read and a~opted on its first
rea~ing amd laid over, was again before the body, Mr. Trout offering the
following for its second reading and final adoption:
(#26292) AN ORDINANCE amending the Code of the City of Roanoke (1979),
as amended, by enacting new Section 2-188, Reserve for capital improvements
and capital maintenance and equipment replacement, to provide a certain
reserve in the General Fund for capital needs of the City.
(For full text of Ordinance, see Ordinance Book No. 47, page 411.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Musser, Trout and Mayor
Taylor ................................................................... 6.
NAYS: None ............................................................ O.
(Council member Bowles was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF CITY COUNCIL:
NONE.
OTHER MEARINGS OF CITIZENS:
ACTS OF ACKNOWLEDGEMENT: Mr. Abdul M. Shakir, Executive Director of
the Roanoke Neighborhood Alliance, appeared before Council and requested that
Mayor Taylor present an award to Mrs. Joseph M. Jennings in memory of Mr.
Jenning's outstanding work with the Roanoke Neighborhood Alliance and the
Southeast Neighborhood Alliance; whereupon, Mayor Taylor presented the award
to Mrs. Jennings and expressed love and appreciation on behalf of the City
Council and the Roanoke Neighborhood Alliance for the contributions M~.
Jennings mede toward development of the southeast area and the City as a
whole.
POLICE DEPARTMENT-SCHOOLS: Mr. Gary Foutz, Morgan Avenue, S. E.,
appeared before Council and addressed the matter of crime in the southeast
area, and called particular attention to acts of indecent exposure and
juveniles running the streets after midnight.
With regard to Stonewall Jackson Junior High School, he stated that
band instruments are needed and more parking facilities are also needed.
Mr. Foutz also said that Council has not taken official action in the naming
of the 13th Street Bridge and requested that Council take action on the
abovementioned matters.
The Mayor requested that Mr. Foutz place his concerns in writing and
forward them to him or the City Clerk in order that they may be addressed by
the proper departments.
At 8:45 p.m., the Mayor declared the meeting recessed.
At 9:50 p.m., the meeting reconvened in the Gymtorium at the Fallon Park
Elementary School, with Mayor Taylor presiding and all members of the Council
present, with the exception of Council member Bowles.
TAXES: The Deputy Director of Finance presented a written report of
the Director of Finance advising that Ordinance No. 24837 ordained the
Business, Professional, and Occupational License tax rates through January
1, 1986 in accordance with the State mandate for equalizing local licemse
tax rates; however Ordinance No. 25075 amended certain sections of the BPOL
tax code -- one being the license tax rate structure to continue the license
tax rates in effect on January 1, 1982 for years thereafter, unless otherwise
ordained.
370
Hr. Schlanger advised that in order to be in accordance with the State
mandate and City Council's policy to continue to reduce BPOL tax rates
through calendar year 1986, certain tax rates are reco~nded as more fully
set forth in his report. He further advised that these tax rates were taken
into consideration for the current fiscal year, and thus no revenue estimates
are affected.
The Director of Finance recommended that Council adopt the rate schedules
as attached to his report and he will continue to review the rate structure
each year to ensure that the City is in conformance with the State mandate
and the City Council's policy.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
Mr. Musser moved that the report be referred to the City Attorney for
preparation of the proper measure. The motion was seconded by Mr. Garland
and adopted.
There being no further business, the Mayor declared the meeting adjourned
at 9:55 p.m.
APPROVED
ATTEST:
City Clerk
Mayor
371
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
December 13, 1982
7:30 p.m.
The Council of the City of Roanoke met in regular meeting in the Council
Chamber in the Municipal Building, City of Roanoke, on Monday, December 13, 1982, at
7:30 p.m., the regular meeting hour, with Mayor Noel C. Taylor presiding.
PRESENT: Council members Elizabeth T. Bowles, Wendell H. Butler, Robert A.
Garland, James G. Harvey, II, Howard E. Musser, James O. Trout and Mayor Noel C.
Taylor .......................................................................... 7.
ABSENT: None .......................................................... O.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. W. Robert Herbert,
Assistant City Manager; Mr. Wilburn C. Dibling, Jr., City Attorney; Mr. Joel M.
Schlanger, Director of Finance; and Mrs. Mary F. Parker, City Clerk.
The invocation was delivered by The Reverend Dustin Fiedler, Pastor, Second
Presbyterian Church.
The Pledge of Allegiance to the Flag of the United States of America was led
byMayor Taylor.
CELEBRATIONS: Ms. Becky Battle, representing the Star Quilters Guild,
appeared before Council and presented a quilt to the City of Roanoke which was made in
honor the City's Centennial year.
On behalf of the Council, City Administration and Citizens of the City of
Roanoke, Mayor Taylor expressed appreciation to the Star Quilters Guild.
Mayor Taylor welcomed Webelo Pa¢ No. 1 from First Presbyterian Church.
BID OPENINGS:
INSURANCE: Pursuant to notice of advertisement for bids for hospita-
lization and health insurance benefits for the City, said proposals to be
received by the City Clerk until 4:30 p.m., on Monday, December 13, 1982,
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 representa-
tive 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:
Blue Cross - Blue Shield of Southwestern Virginia:
Option No. 1 - Including Reserves
Monthly Unit Rate
Employee Only
Employee/Child
Employee/Family
Medicare/Single
Medicare/Family
$ 53.02
79.53
134.35
30.22
76.58
Grand Total
Option No. 2 - Excluding Reserves
Monthly Unit Rate
Employee Only
Employee/Child
Employee/Family
Medicare/Single
Medicare/Family
$ 41.02
61.52
103.93
23.38
59.24
Monthly Premium
$ 29,744.00
8,033.00
90,686.00
121.00
459.00
$129,043.00
Monthly Premium
$ 23,012.00
6,214.00
70,153.00
94.00
355.00
Grand Total $ 99,828.00
72
Transamerica Occidental Life Insurance:
Employee Medical
1 Dependent Medical
2+ Dependent Medical
Medicare
Rate Comparison
~onve,nt~onal Plan
Flexible Fumdim~
$ 52.50 $ 42.89*
66.73 54.52*
111.66 91.22'
12.74 10.29'
*Flexible Funding rates are maximum liability cost, i.e., claims
plus retention and pooling
ACTION:
ACTION:
ACTION:
Lawrence C, Mus~rove Associates:
The City Clerk advised that the above bidder is proposing a plan different
from the plan recomended by the City, and requested that she be permitted
to forward the bid to the Bid Committee for in-depth analysis.
(Inasmuch as there were exhibits and certain other documents submitted with
the above three bids which should be taken into consideration, the above
figures as presented by the City Clerk may not be a true reflection of the
actual bids.)
Dr. Butler moved that the bids be referred to a com~ittee to be appointed
by the M~yor for study, report and recomendation to Council. The motion
was seconded by Mr. Harvey and unanimously adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman, W. Robert
Herbert, George C. Snead, Jr., and Joel M. Schlanger as m-mbers of the
committee.
PUBLIC HEARINGS:
ZONING: Council at its regular meeting on Monday, November 8, 1982,
having continued a public hearing until Monday, December 13, 1982, on the
request of William Lotz that an unopened paper street between Blocks 7 and
11, Map of WashJ-ngton Heights, extending from Westside Boulevard N. W., in
an easterly direction for approxtmmtely 160 feet, be vacated, discontinued
and closed, the matter was before the body.
In this connection, a comunication from Mr. Edward A. Hart, Attorney,
representing Mr. Lotz, requesting that the street closing petition be continued
for one month until the January meeting of Council, advising that he had
expected to receive the necessary plats from the surveyor, but as of December
9, 1982, he had not received same; that after talking with Mr. Earl Reynolds,
it became apparent that the Planning Department could not review the matter
and get a report to Council in time for the December 13 meeting and therefore,
it is requested that the matter be carried over until the January 10, 1983,
meeting of Council, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harvey moved that Council concur in the request of Mr. Natt and
that the public hearing be continued until the January 10, 1983, meeting of
Council. The motion was seconded by Mr, Trout and unanimously adopted.
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda are
considered to be routine by the City Council and will be enacted by one
motion in the forms listed on the Consent Agenda and if discussion is
desired, that item will be removed from the Consent Agenda and considered
separately. He noted that included on the Consent Agenda are two requests
for Executive Sessions of Council to discuss a matter involving the acquisi-
tion of real property and a matter involving potential litigation.
373
ACTION:
ACTION:
ACTION:
ACTION:
COUNCIL: A report of the City Manager requesting an Executive Session
to discuss a matter involvhg the acquisition of real property, pursuant to
Section 2.1-344 (a) (2), Code of Virgfmia (1950), as ~mended, was before
Council.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that Council convene in Executive Session to discuss
a matter involving the acquisition of real property, pursuant to Section
2.1-344 (a) (2), Code of Virginia (1950), as emended. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout
and Mayor Taylor ......................................................... 7.
NAYS: None .................................................... O.
COUNCIL: A report of the City Manager requesting an Executive Session
to discuss a matter involving potential litigation, pursuant to Section 2.1-
344 (a) (6), Code of Virginia (1950), as emended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that Council convene in Executive Session to discuss
a matter involving potential litigation, pursuant to Section 2.1-344 (a)
(6), Code of Virginia (1950), as amended. The motion was seconded by Mr.
Harvey and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout
and Mayor Taylor .......................................................... 7.
NAYS: None ........................................................ 0.
CITY EMPLOYEES-CLAIMS: The City Attorney submitted a written report
advising that on November 29, 1982, the United States Court of Appeals for
the Fourth Circuit affirmed the decision of Judge Turk in the case of James
R, Overstreet v. City of Roanoke, pointing out that the plaintiff had alleged
in his suit in the United States District Court that he was arbitrarily and
capriciously dismissed from his employment in the Department of Finance and
that his right to procedural due process was violated in such dismissal;
that Judge Turk had previously rendered a decision holding that the plaintiff
had been accorded all rights to procedural due process in his dismissal and
Judge Turk, accordingly, dismissed the complaint by which the plaintiff
sought $50,000 in compensatory damages an~ the same emount in punitive
damages. It was noted that the plaintiff has a similar suit pending against
the City and Mr. Schlanger in the Circuit Court of the City of Roanoke, and
the City Attorney advised that he will keep the Council informed as to the
status of this matter of litigation.
(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, Butler, Garland, Harvey, Musser, Trout
and Mayor Taylor ........................................................... 7.
NAYS: None ..........................
HUMAN RESOURCES: The qualification of Mr. Payton H. Moore as a member
of the Advisory Board of Human Resources for a term of four years ending
November 30, 1986, was before Council.
(See Oath 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:
374
ACT ION:
ACTION:
ACTION:
AYES: Council members Bowles, Butler, Garland, Harvey, H~sser, Trout
aha Mayor Taylor .................................................... 7.
NAYS: None .................................................. 0.
REGULAR AGENDA:
HEA~ING OF CITIZENS UPON PUBLIC MAI~fERS:
HEALTH DEPARTMENT: (Mrs.) Harriett M. McClung representing Mental
Health Services of the Roanoke Valley, appeared before Council and presented
a progress report on services provided to the citizens of the City by Mental
Health Services.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion was
seconded by Mr. Garland and unanimously adopted.
TOTAL ACTION AGAINST POVERTY IN THE ROANOKE VALLEY: (Mrs.) Cleo C.
Sims, Director of Head Start, Total Action Against Poverty in the Roanoke
Valley, appeared before Council and presented a progress report on activities
of TAP to date.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler moved that the report be received and filed. The motion
was seconded by Mr. Musser and unanimously adopted.
POLICE DEPARTMENT (CRIME): The Reverend Leroy C. Roberts, 3625 Rolling
Hill Avenue, N. W., appeared before Council with regard to a status review
of all present citizen-involved crime prev~tion programs under Council's
appointed citizens comittees and coordinated private efforts, and inquired
as to the possibility of instituting an intensified 1983 crime prevention
campaign centered around National Crime Prevention Month in~rch, 1983.
(For full text, see statement on file in the City Clerk's Office.)
Mr. Garland moved that the remarks of the Reverend Roberts be referred
to the Neighborhood Crime Prevention Subcommittee of the Roanoke Neighbor-
hood Partnership Steering Committee for study, report and recomendation to
Council. The motion was seconded by Dr. Butler and unanimously adopted.
PETITIONS AND CO~/UNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
CITY ~LOYEES-INTEGRATION-SEGREGATION: The City Manager submitted a
written report advising that on November 8, 1982, the Mayor requested a
repor~ of the percentages of minority employees in City departments; that
the Affirmative Action Plan of the City of Roanoke adopted by the City
Council in 1977 mandates that the City make positive efforts to employ
minorities in departments in which minority representation was small or non-
existent; that the Affirmative Action Officer of the City of Roanoke has the
responsibility of maintaining affirmative action and the Affirmative Action
Officer is the Manager of Personnel Management and was appointed in August,
1978; that the minority composition of the population of the City of Roanoke
according to the 1980 census is 22 per cent; that the 1970 minority composition
of the labor force of the Roanoke Standard Metropolitan Statistical Area was
ten per cent and for the Roanoke City area was seventeen per cent according
to the 1970 census; and historical data on city workforce composition shows
that the percentage of minority workers to total employment has increased
since fiscal year 1976 and furthermore, the total n~nber of minorities
employed by the City since 1976 has increased by a total of 100 employees or
33 per cent.
In concluding, Mr. Ewert advised that the minority composition of the
workforce of the City of Roanoke indicates a positive effort to employ
375
ACTION:
ACTION:
minority workers, however, the fact that concentrations of minority employees
are found in some departments while few or none exist in other departments
exhibits a need for management to continue to ensure that opportunities for
the employment of minorities are seized in all departments; that recruiting
trips to colleges serving large minority groups and advertising positions in
papers and publications likely to reach minority candidates demonstrates the
City's desire to ensure the exposure of all Job opportunities; that the City
desires to employ quality personnel and promote affirmative action; that the
greater exposure a job opening receives, the better chance of obtaining
quality applicants and the City is doing this and in areas likely to attract
quality minority candidates.
(For full text, see report on file in the City Clerk's Office.)
Following discussion of the matter, Mr. Garland moved that the report
be received and filed. The motion was seconded by )tr. Harvey and unanimously
adopted.
PARKING GARAGE: The City Manager submitted a written report advising
that construction work for the Williamson Road Parking Garage was approved
by Council by Ordinance No. 26087 on June 22, 1982, for $1,333,000 with Avis
Construction Company, Incorporated; that footing excavation and construction
has revealed one of the most unusual sub-surface conditions encountered in
any of the downtown projects to date; viz: Elmwood Park springs drain
underground through this site which required pumping of each footing as it
was opened, old ice house building that occupied this site was removed but
unfortunately all of the old footings for the building were left in place
and several of the old footings were encountered and had to be removed, and
rock for footing bearing varied greatly in depth throughout the site and one
footing finally had to be completely redesigned to rest on pilings driven to
the depth required to reach solid bedrock.
Mr. Ewert advised that engineering concerns have been met as each
footing for the new building was opened and established; that the architect/
engineers, Smithey and Boynton, and their foundation consultant, Geotechnics,
Inc., have responded to every footing at the completion of excavation,
during the placing of the reinforcing, and the pouring of the footing itself
and job logs have been maintained for each footing for any deviation from
the contract documents. He pointed out that funding for this complex footing
work has yet to be agreed upon by the City, architect, and contractor doing
the work, that negotiations will continue between all parties involved until
final costs can be agreed upon by ail parties involved and the City does
have a contingency amount set aside for this project. He further pointed
out that time of completion of the project will be extended but the contractor
has not addressed this issue yet and probably will not until all the founda-
tion work is complete and at that time the architects/engineers will evaluate
the contractor's request for time of completion extension and make their
recommendation to the City of Roanoke.
In concluding, the City Manager advised that a change order for this
work will be presented to Council once the work is complete and costs reviewed
and the purpose of the report is to inform Council that the work has progressed
close to schedule and that the change order will be coming to Council in the
near future.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey requested that Council receive information as to the initial
bid on this project, including statements by the architect as to what informa-
tion was given to the contractors involved, and the difference between the
original bids.
Mr. Trout moved that the report be received and filed. The motion was
seconded by Mr. Musser and unanimously adopted.
ROANOKE CITY COURTS FACILITY: The City Manager submitted a written
report advising that the bond issue approved by the City of Roanoke in
November 1979 included a project for alterations and additions to the exist-
376
ACTION:
ACTION:
ing courthouse building to better accommodate and centralize the social
services operations and functions within the City; that the new courthouse
building is to be dedicated on December 16, 1982, with the final moving of
all ro,~tning furniture scheduled for the week of January 17 - 21, 1983;
that the existing courthouse building will be mostly vacant a~ available
for detailed engineering/architectural review and analysis beginning the
last week in Janaury, 1983; that qualification proposals were solicited,
while working in anticipation of bonds being sold on December 14, 1982, on
November 10, 1982, from seven local engineering/architectural firms; that a
short list was developed and interviews held with the three most qualified
architectural/engineering firms on November 29, 1982, which included (1)
Smithey and Boynton, (2) Sherertz, Franklin, Crawford, Shaffner and (3)
Frantz and Chappelear; that Frantz and Chappelear was selected as the most
qualified engineer/architect to review, analyze, and prepare the necessary
alterations and additions to the existing courthouse building.
Mr. Ewert advised that the present situation is that the proposed work
program has been divided into two distinct parts including basic services
for floor space use progra-~mtng, sch~,atic design, design development,
construction documents, bidding, and construction inspection of alterations
and additions to the existing courthouse building; feasibility and initial
modification studies and analysis of proposed uses for Third Street Annex
and surrounding buildings, with particular emphasis on "conceptual plan and
design" for pedestrian crossing of Third Street and pedestrian connections
between the Municipal Building and the existing Courthouse Building; that
basic service fees are currently being negotiated while working in anticipation
of bonds being sold on December 14, 1982, and if the bonds are sold, it is
anticipated that a recommendation for final award for architectural/engineering
services will be coming to Council on December 27, 1982; that the feasibility
and initial modification studies fees total $5,300.00 and the City Administra-
tion is proceeding at this time with these studies through a purchase order
with Frantz and Chappelear.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that Council concur in the report. The motion was
seconded by Mr. Garland and unanimously adopted.
ITEMS RECOI~fENDED FOR ACTION:
BUDGET-CELEBRATIONS: The City Manager submitted a written report
advising that the Council requested the Roanoke Centennial Committee to
evaluate their activities and programs for the year 1982 and to make recom-
mendations to City Council regarding the possibility of continuing the
City's special celebrations on an annual basis; that the Centennial Com~ittee
presented a detailed report to Council on December 6, 1982, recommending
that Council appoint a Citizen's committee to continue special events, that
current staff be retained through appropriation of necessary operating funds
by Council and by requesting the School Board to continue released time for
the current Major Events Chairman, and a new committee and staff be appointed
as soon as possible so as not to lose the Centennial Year momentum; and
Council requested the City Manager to develop specific recommendations for
Council's consideration.
Mr. Ewert recommended that Council establish a Citizens' Committee,
create a position of Special Events Coordinator, request the City School
Board to continue released time for the current Major Events Chairman, and
appropriate $19,035.85 to the Department of Parks and Recreation.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#26301) AN ORDINANCE to amend and reordain certain sections of the
1982-83 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 418.)
ACTION:
ACTION:
Hr, Trout moved the adoption of the Ordinance. The motion was seconded
by Dr. Butler.
Following considerable discussion of the matter, Ordinance No. 26301
was adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Trout and Mayor Taylor---5.
NAYS: Council members Harvey and Musser .............................. 2.
Mr. Harvey and Mr. Musser expressed reservations about creating such a
position at a time when the economy is tight and many taxpayers are being laid
off from their Jobs.
Mr. Harvey stated that he is of the opinion that the existing Parks and
Recreation staff could coordinate the special events without creating a special
position, and questioned whether there would be enough work planning special
events to keep one person busy full time.
Mrs. Bowles moved that Council approve use of the Centennial logo on City
stationary, etc., with the following wording: "Chartered in 1882". The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser and Mayor
Taylor ...................................................................... 6.
NAYS: Council member Trout .......................................... 1.
HOgSING: The City Manager submitted a written report advising that tax-
exempt bond of $900,000 for housing rehabilitation was sold by the Roanoke
Redevelopment and Housing Authority to nine local lending institutions in
December 1981; that loan loss reserve fund of ten per cent of the bond was
provided from the City's Comunity Development Block Grant to secure the
bond; that operation of the program in 1982 resulted in 22 loans at ten per
cent interest for the rehabilitation of 32 units totalling $444,150 in the
City's Conservation Areas; that expiration of current bond will occur at the
end of 1982 and no further loans may be made from that issue.
Mr. Ewert explained that the current situation is that agreement on
purchase of another Mortgage Revenue Bond in December 1982 has been reached
by lending institutions pursuant to certain provisions; that loan loss
reserve fund of ten per cent of the total new bond ($80,000) must be established
from C.D.B.G. funds, to be drawn on in the case of default by owner-applicants
and the source of these funds will be $45,585 from the 1982 default fund no
longer needed due to the retirement of the 1982 bond and $34,415 from the
$45,000 Council previously budgeted from C.D.B.G. funds for the 1983 bond.
The City Manager recommended that Council authorize him to submit a
lump sum drawdown request to HUD, asking their approval to allocate a total
of $80,000 in C.D.B.G. funds as a default fund for the Redevelopment and
Housing Authority's sale of tax-exempt bonds for housing rehabilitation, and
purchase and rehabilitation.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following Resolution:
(#26302) A RESOLUTION authorizing the City Manager to submit to the
United States Department of Housing and Urban Development (HUD) a request to
draw down funds totalling $80,000 of the City's Community Development Block
Grant funds, and authorizing the commitment of such funds as a local loss
reserve in connection with the issuance of $800,000 in mortgage revenue
bonds by the City of Roanoke Redevelopment and Housing Authority, such
commitment of the City's CDBG funds to be subject to the prior written
approval of HUD.
(For full text of Resolution, see Resolution Book No. 47, page 419.)
ACTION:
ACTION:
Hr. Harvey moved the adoption of the Resolution. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Husser, Trout
and Hayor Taylor ...................................................... 7.
NAYS: None ...................................................... O.
BUDGET-AIRPORT-GRANTS: The City Manager submitted a written report
reconmending that Council authorize the Director of Finance to establish a
revenue code in the Airport Fund for anticipated but yet unappropriated
State and Federal grants for the airport runway extension; appropriate a
like amount of revenue so received to a new account for the 1982 Airport 5-
year Capital Improvements Program in the Airport Fund; and combine the two
current accounts for the runway extension into one as previously specified.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency Ordinance:
(#26303) AN ORDINANCE to amend and reordain certain sections of the
1982-83 Airport Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 419.)
Mr. Musser moved the adoption of the Ordinance. The motion was seconded
by Mr, Trout and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout
and Mayor Taylor ....................................................... 7.
NAYS: None .........
.0.
ROANOKE CITY COURTS FACILITY: The City Manager submitted a written
report reco~nending issuance of Change Order No. 18 to the contract with R.
E. Lee and Son, Inc., for construction of the Roanoke City Courts Facility,
for the sum of $24,994.00, for the purchase and installation of a Circuit
Court vault fire suppression system.
(For full text, see report on file in the City Clerk's Office.)
In this connection, Mr. Thomas F. Brady, Director of Public Works,
requested that action on the report be deferred until the regular meeting of
Council on Monday, December 27, 1982; whereupon, Mr. Garland moved that
Council concur in the request of the Director of Public Works. The motion
was seconded by Mr. Trout and unanimously adopted.
CITY ATTORNEY:
CITY CODE: The City Attorney submitted a written report advising that
in April 1980, Council culminated its effort to reenact and recodify the
City Code by adopting a new City Code entitled the Code of the City of
Roanoke (1979); that contained in this Code are certain sections which
incorporate by reference selective provisions of the State Code and incorpora-
tion by reference is frequently utilized in order to save having to set out
at length the entire provisions of one or more state statutes.
Mr. Dibling pointed out that this year, the Virginia Attorney General
has issued an opinion which raises a question about the validity of local
ordinances which incorporate by reference state statutes as subsequently
amended by the state legislature.
The City Attorney stated that he is not certain that the result which
is reached in the opinion is necessarily correct as applied to local
governing bodies in this state which may not adopt local ordinances incon-
sistent with the State Code; nonetheless, in order to forestall any legal
challenge and to put this matter to rest, he recommended that Council adopt
379
ACTION:
ACTION:
an ordinance which reemacts the City Code, thereby incorporating all amend-
ments to the State Code sections which have been adopted since recodifica-
tiom of the City Code in 1980.
Mr. Dibling advised the Council that as a part of his practice of
preventative law, he intemds to bring similar ordinances to Council in June
of each year which will reenact the City Code effective July 1 and thereby
will incorporate those amendments which the General Assembly has made in
those State Code sections which our City Code adopts by reference.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#26304) AN ORDINANCE to 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. 47, page 420.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Dr. Butler.
Mr. J. H. Johnson, 1103 Overland Road, S. W., appeared before Council
and questioned if the above ordinance will amend all of the ordinances which
have been changed by the legislature since 1977; whereupon, the City Attorney
advised that nothing will be taken from the State Code unless Council says
it can be adopted by reference.
Ordinance No. 26304 was then adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout
and Mayor Taylor ....................................................... 7.
NAYS: None ....................................................... O.
COMMITTEES: The City Attorney submitted a written report transmitting
for review and action by Council a proposed ordinance relating to appoint-
ments to permanent boards, authorities, commissions and committees established
by Council, noting that from his discussions with individual members of
Council, it would appear that the ordinance might be representative of the
collective Judgment of Council.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler moved that the following Ordinance be placed upon its first
reading:
(#26305) AN ORDINANCE emending and reordaining subsection (b) of Section
2-281, Appointment and qualifications of members, and Section 2-285, Reports
to councill filing of minutes, of the Code of the City of Roanoke (1979), as
amended, and further amending such Code by enacting new Sections 2-281.1,
Limitation on terms, and 2-283.1, Vacation of office because of absences,
the amended and added sections providing for consideration of geographic
representation in appointments to permanent boards, authorities, commissions
and committees, establishing a limitation on terms, providing for vacation
of office because of certain absences and requiring an annual report; and
providing for.review by Council of the effectiveness of the procedures estab-
lished by this ordinance in one year.
The motion was seconded by Mr. Musser.
Mr. Richard W. Crush, 2532 Berkley Avenue, S. W., appeared before Council
and questioned whether the ordinance has a grandfather clause which will
permit persons presently serving on authorities, boards, commissions and com-
mittees to serve three additional terms following the enactment of Ordinance
No. 26305; whereupon, after conferring with the City Attorney, the Mayor
answered in the affirmative.
380
ACTION:
Hr. Crush expressed concern about the manner in which the ordinance
is being presented to Council, advising that recently Council members
in open session, pursuant to a 5-2 vote, instructed the City Attorney to
prepare a measure and stipulated what that measure would contain, that as
of this date that ordinance has not been forthcoming to Council, noting
that the ordinance presently before the body is similar but it was
drafted after individual private conversations with the members of Council.
He questioned what is the proper procedure followed by Council, viz: what
Council dictates in open session, or what Council members dictate in private.
Mr. Harvey and Hr. Husser explained that the City Attorney was instruct-
ed to draft an ordinance based upon a culmination of remarks and the present
ordinance is a consensus of opinions expressed by the members of Council.
Mr. Musser advised that he would like to withdraw his second to the
motion and offer a substitute motion.
Mrs. Bowles then seconded the motion to adopt Ordinance No. 26305 on
first reading.
Mr. Musser offered a substitute motion to the extent that if a person
is serving in his or her third consecutive term at the present t/me, he or
she may serve one additional term; if a person is serving in his or her
second term at the present time, he or she may serve one additional term;
and if a person is serving in his or her first term at the present time,
he or she may serve two additional terms. The motion was seconded by Hr.
Harvey and lost by the following vote:
AYES: Council members Harvey and Musser ....................... -~ ...... 2.
NAYS: Council members Bowles, Butler, Garland, Trout and Mayor Taylor--5.
The original motion to adopt Ordinance No. 26305 on first reading,
offered by Dr. Butler, seconded by Mrs. Bowles, was then adopted by the
following vote:
AYES: Council members Bowles, Butler, Harvey, Musser, Trout and Mayor
Taylor ................................................................... 6.
NAYS: Council member Garland ........................................ 1.
Mr. Garland stated that he is of the opinion that the present system
has worked well and he is opposed to any change therein, and if any changes
are needed, Council has the authority to make them without the need for such
rules.
LICENSES-TAXES: The City Attorney submitted a written report advising
that on December 6, 1982, Council received a report from the Director of
Finance concerning the business, professional and occupational license
taxation; that in his report, Mr. Schlanger reco~ended the adoption of
certain rates for business, professional and occupational license taxation
for the tax years 1983 and 1984; that his office has now reviewed this
matter and he is in a position to advise Council that the recommended rates
are consistent with State enabling legislation, and in fact, they are below
the levels which the state currently would allow the City to adopt; that
under the law the City has the option of maintaining existing rates or
lowering them in any manner that it should see fit.
Mr. Dibling transmitted the appropriate measure for consideration by
Council.
(For full text, see report on file in the City Clerk's Office.)
ACTION: Mr. Garland offered the following emergency Ordinance:
381
ACTION:
ACTION:
ACTION:
(#26306) AN ORDINANCE amending and reordaining Section 19-45, Rates,
Code of the City of Roanoke (1979), as amended, in order to establish new
rates for 1983 and 1984, for business, professional and occupational license
taxation; providing for an effective date of the provisions of this ordinance
to be codified; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 420.)
Mr. Garland moved the adoption of the Ordinance. The motion was seconded
by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout
and Mayor Taylor ............................................................. 7.
NAYS: None ........................................................... 0.
REPORTS OF COMMII'fEES:
PARKS AND PLAYGROUNDS: A report of the Mill Mountain Development
Committee advising that Council at its meeting on October 25, 1982, referred
to the Committee proposed new leases for operation of Mill Mountain Zoo and
for operation of the Zoo Choo miniature train as recommended by the City
Manager; that the Committee recommends that Council be urged to renew leases
for the Mill Mountain Zoo, Inc., and with the Roanoke Jaycees as operators
of the Zoo Choo, retroactive respectively to September 30, i981 and April
10, 1979, plus one year extension pending completion and submission of a
definite plan; and the Committee also agreed unanimously to request that
Council assign funds from insurance on old Rockledge Inn and the existing
parking revision appropriation, in addition to the projected $200,000
allocated in the new Capital Building Program, was before the body.
(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:
(#26307) AN ORDINANCE providing for the lease of the Mill Mountain Zoo
and for the operation of the miniature train at the Zoo.
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout
and Mayor Taylor .......................................................... 7.
NAYS: None ......................................................... O.
Mr. Garland moved that Council concur in the request of the Committee
that Council assign funds from insurance on old Rockledge Inn and the existing
parking revision appropriation, in addition to the projected $200,000 allocat-
ed in the new Capital Building Program. The motion was seconded by Mrs.
Bowles and unanimously adopted.
(See page 382, wherein Council voted to refer the above request to the City
Manager for study, report and recommendation.)
PLANNING-ZONING-SUBDIVISION ORDINANCE: Mr. William A. Sowers, Chairman
of the CityPlanning Commission, appeared before Council and presented a
report of the Planning Commission recommending that outside professionals
be hired to undertake a comprehensive review of the Zoning and Subdivision
regulations of the City, and that the matter be referred to the City Manager
for recommendation as to the availability of funding.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that the report be referred to the City Manager for
study, report and recommendation to Council. The ~tion was seconded by
Dr. Butler and unanimously adopted.
382
ACT ION:
ACTION:
ACTION:
ACTION:
INDUSTRIES-ECONOMIC DEVELOPMENT COf~ISSION: Council member James O.
Trout, Chairman of the Economic Development Commission, submitted a written
report of the Commissiom recommending adoption of a Resolution providing for
the formal establishment of said Commission.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
(#26308) A RESOLUTION establishing an Economic Development Commission
for the City of Roanoke, enumerating the objectives, duties and responsibili-
ties of such Commission, providing for its membership, and providing for
other organizational matters.
(For full text of Resolution, see Resolution Book No. 47, page 421.)
Mr. Trout moved the adoption of the Resolution. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout
and Mayor Taylor ............................................................ 7.
NAYS: None ............................................................ 0.
ROANOKE CITY COURTS FACILITY: A report of the committee appointed to
study bids received for a sound reinforcement system for the Roanoke City
Courts Facility, recommending that the bid of Lee Hartman & Sons, Inc., for
the sum of $19,788.00 and a completion date of January 14, 1983, be accepted,
was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas F. Brady, Director of Public Works, requested that action on
the report be deferred until the regular meeting of Council on Monday,
December 27, 1982; whereupon, Mr. Garland moved that Council concur in the
request. The motion was seconded by Mr. Musser and unanimously adopted.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND P. ESOLUTIONS: NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
COUNCIL: Pursuant to Section 2.1-344 (a) (1), Code of Virginia, (1950),
as amended, Mayor Taylor requested that Council meet in Executive Session to
discuss personnel matters relating to vacancies on various authorities,
boards, commissions and committees appointed by Council.
Mr. Garland moved that Council concur in the request. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout
and Mayor Taylor ............................................................ 7.
NAYS: None .......................................................... 0.
OTHER HEARINGS OF CITIZENS: NONE.
At 10:15 p.m., the Mayor declared the meeting recessed.
At 11:00 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding and all members of the Council present.
PARKS AND PLAYGROUNDS: Having voted with the majority to concur in a
request of the Mill Moumtain Development Committee that Council assign funds
from insurance on old Rockledge Inn and the existing parking revision appropria-
tion, in addition to the projected $200,000 allocated in the new Capital
Building Program, Mr. Harvey moved for a reconsideration of the request.
The motion was seconded by Mr. Musser and adopted by the following vote:
383
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout
and Mayor Taylor ................................................... 7.
NAYS: None ....................................................... 0.
ACTION:
Mr. Harvey moved that the request of the Mill Mountain Development Commit-
tee that Council assign funds from insurance on old Rockledge Inn and the
existing parking revision appropriation, in addition to the projected
$200,000 allocated in the new Capital Building Program, be referred to the
City Manager for study, report and recommendation to Council. The motion
was seconded by Mr. Musser and una~tmnusly adopted.
There being no further business, the Mayor declared the meeting adjourned
at 11:05 p.m.
APPROVED
City Clerk
Mayor
384
SPECIAL SESSION .... ROANOKE CITY COUNCIL
December 14, 1982
11:00 a.m.
The Council of the City of Roanoke met in special session in the Council
Chamber in the Municipal Building, City of Roanoke, 215 Church Avenue, S. W., on
Tuesday, December 14, 1982, at 11:00 a.m., Eastern Standard Time, pursuant to Resolu-
tion No. 26291 of the Council providing for said special m~etiag, for the purpose of
receiving, opening and considering bids made to the City for the purchase of $11,000,
principal amount of general obligation bonds of the City of Roanoke, such bonds being
designated "Public Improvement Bonds, Series 1982," and authorized by Resolution No.
25160, dated June 9, 1980; and for the purpose of taking such action in the premises
as the Council may then be advised, with Mayor Noel C. Taylor presiding.
PRESENT: Council members Elizabeth T. Bowles, Wendell H. Butler, Robert A.
Garland, Howard E. Musser, James O. Trout and Mayor Noel C. Taylor .................. 6.
ABSENT: Council member James G. Harvey, II ............................... 1.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Hr. W. Robert Herbert,
Assistant City Manager; Mr. Wilburn C. Dibling, Jr., City Attorney; Mr. Joel M.
Schlanger, Director of Finance; and Ms. Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Mayor Taylor.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Taylor.
BONDS-CAPITAL IMPROVEMENTS PROGRAM: Mayor Taylor called the meeting to
order and stated that the special meeting of Council was being held for the purpose of
receiving, opening and considering bids made to the City for the purchase of $11,000,000~
principal amount of general obligation bonds of this City, such bonds being designated
"Public Improvement Bonds, Series 1982," and authorized by Resolution No. 25160, dated
June 9, 1980, and for the purpose of taking such action in the premises as the Council
may be advised.
It appearing that pursuant to the authority contained in Resolution No.
25160, the Director of Finance caused to be published a notice of sale on December 7,
1982, in the Roanoke Times & World News, a newspaper of general circulation in the
City, and in The Bond Buyer, a financial journal published in the City of New York,
New York, providing that sealed proposals for the purchase of the Bonds would be
publicly opened before the Mayor and members of the Council at 11:00 a.m., Eastern
Standard Time, on December 14, 1982, said advertisement reserving the right to the
City to reject any and all bids or to waive any irregularities or informalities in any
bid.
Five bids were presented to the Council by the City Clerk as having been
f Lled.
In this connection, the Mayor asked if any bidder had any questions about
the proposal relative to terms and conditions upon which the bids were submitted, to
which question there was no response from the bidders present.
No one present raising any question as to the advertisement and notice of
sale, the Mayor announced the bidding closed, and instructed the City Clerk to proceed
with the opening and reading of the bids thus filed.
The City Clerk thereupon proceeded with opening and reading bids from the
following:
385
ACTION:
True or Canadian Interest Coat
Smith Barney, Harris Upham & Co.
Inc.
7.87229%
Citibank, N. A. For the Joint
Managers and Associates
8.50
Chemical Bank and Associates
7.926036
Bankers Trust Co. and Associates
7.9335
Chase Manhatten Bank
Bank of Virginia and Associates
8.0640
After opening and reading of the bids, Mr. Garland moved that a committee
be appointed by the Mayor to tabulate and study said bids and to report to
Council as promptly as possible. The motion was seconded by Dr. Butler and
adopted.
The M~ayor appointed Messrs. Joel M. Schlanger, Chairman, H. B. Ewert
and Wilburn C. Dibling, Jr., as members of the committee.
Ail bids submitted having been opened and read, at 11:15 a.m., the
Mayor declared the meeting recessed until 11:45 a.m., the same day and
place.
Due to the fact that the Committee had not completed its assignment at
11:45 a.m., the Council reconvened at 12:10 p.m., the same day in the Coun-
cil Chamber with the following members of the Council present, and Mayor
Taylor presiding.
PRESENT: Council members Elizabeth T. Bowles, Wendell H. Butler,
Robert A. Garland, Howard E. Musser, James O. Trout and Mayor Noel C. Taylor--6.
ABSENT: Council member James G. Harvey, II ............................ 1.
Mr. Schlanger, Chairman of the Committee appointed by the Mayor, presented
a verbal report of the committee advising that the Bid Committee carefully
reviewed the bids and the interest rates as presented by the five bidders
and recom~eD~s that the bid of Smith Barney, Harris Upham & Co., Incorporated,
be accepted at an effective actuarial yield of 7.87229%. He advised that in
the capital budget, the administration estimated approximately a nine per cent
interest rate, that with the yield the City received this date, it will save
approximately $65,000.00 this fiscal year and $934,000.00 over the life of
the issue.
Mr. Trout offered the following Resolution accepting a bid to purchase
$11,000,000 aggregate principal.amount of general obligation bonds of the
City of Roanoke, Virginia; fixing certain details of, and the rates of
interest to be borne by, such bonds; approving an official statement relating
to such bonds; authorizing the execution of a certificate relating to such
official statement; and ratifying certain acts:
(#26309) A RESOLUTION accepting a bid to purchase $11,000,000 aggre-
gate principal amount of general obligation bonds of the City of Roanoke,
Virginia; fixing certain details of, and the rates of interest to be borne
by, such bonds; approving an official statement relating to such bonds;
authorizing the execution of a certificate relating to such official state-
ment; and ratifying certain acts.
WHEREAS, by Resolution No. 25160 adopted by this Council on June 9,
1980, the Director of Finance is authorized to sell all or part of the
$15,500,000 principal amount of bonds authorized to be issued by Ordinance
No. 24812 adopted by this Council on September 4, 1979, and approved at an
election held on November 6, 1979; and
386
WttEREAS, such Ordinance No. 24812 provides that the proceeds of the
bonds, the issuance of which is authorized therein, be expended in specific
a~ounts for certain needed public improvements of the City and that if upon
completion of a needed public improvement there is an unexpended balance of
the bond proceeds allocated therefore, such balance may be used for one or
more of the other public improvements set forth therein; and
WHEKEAS, certain public improvements referred to in such Ordinance No.
24812 have been abandoned, rendered impossible or unnecessary or otherwise
completed and accomplished, and the Council of the City has determined to
use the bond proceeds previously allocated to such public improvements for
certain other of the public improve~ents of the City set forth in Ordinance
No. 24812; and
NIiEREAS, such Resolution No. 25160 provides that the bonds authorized
to be sold thereunder shall be offered for sale at one time or from time to
time and either alone or contemporaneously with other general obligation
bonds of the City, as the Director of Finance may deem to be in the best
interests of the City; and
WHEREAS, $4,500,000 of the bonds authorized by Ordinance No. 24812 and
Resolution No. 25160 have heretofore been issued and sold and the Director
of Finance deems it in the best interest of the City to issue and sell the
remaining $!1,000,000 principal amount of the bonds authorized by Ordinance
No. 24812 and Resolution No. 25160, such bonds to be designated "Public
Improvement Bonds, Series 1982" (hereinafter referred to as the "Bonds");
and
WIiEREAS, pursuant to Resolution No. 25160 this Council has reserved the
right to change the limitations on the details of bonds authorized therein
and authorized the Directol of Finance to determine the details of the Bonds
and to publish in a newspaper of general circulation in the City, and a
financial journal published in the City of New York, New York, a notice of
sale in the form prescribed by the Director of Finance; and
WHEREAS, the Director of Finance has determined that the Bonds should
be issued without option of redemption prior to their stated maturities; and
WHEREAS, the Director of Finance has otherwise fixed the details of the
Bonds in variance with the provisions of Resolution No. 25160 and, pursuant
to the authority contained in Resolution No. 25160, has caused to be published
a notice of sale on December 7, 1982, in the Roanoke Time & World News, a
newspaper of general circulation in the City, and in The Bond Buyer, a
financial journal published in the City of New York, New York, providing
that sealed proposals for the purchase of the Bonds would be publicly opened
before the Mayor and members of this Council at 11:00 a.m., Virginia time,
on December 14, 1982; and
WHEREAS, pursuant to such notice of sale the following proposals for
the purchase of the Bonds were received, each accompanied by a certified or
cashier's check for $110,000 payable to the City;
Name of Bidder
Premium Offered
True or Canadian
Interest Cost
Smith Barney, Harris Upham
& Co., Incorporated
.0036446 7.87229%
Citibank, N.A. For the Joint
Managers and Associates
None 8.50
Chemical Bank and Associates .0131010
7.926036
Bankers Trust Company
& Associates
.003889 7.9335
Chase Mamhatten Bank
Bank of Virginia and Associates .0002964
8.0640
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as
follows:
387
1. After due consideration of all the proposals listed above, this
Council hereby finds and determines that (a) Smith Barney, Harris Uph~ &
Co., Incorporated, (the "Purchaser") is a responsible bidder, (b) of the
proposals received for the purchase of the Bonds the proposal of the Pur-
chaser is the offer to purchase the Bonds at the lo-est "True" or "Canadian*'
interest cost to the City, computed in accordance with the aforesaid notice
of sale, (c) such proposal is the best proposal received for the purchase of
the Bonds, (d) such proposal is in conformity with the aforesaid ~otice of
Sale and (e) such proposal should be accepted.
2. The proposal of the Purchaser to purchase the Bonds, the Bonds to
bear interest at the rates set forth in paragraph 3 hereof, at the price of
$11,000,000 plus a premium of $40~091.00 and accrued interest from the date
of the Bonds to the date of their delivery to the Purchaser, shall be and
hereby is accepted, and all other proposals received as aforesaid for the
purchase of the Bonds shall be and hereby are rejected.
3. The Bonds shall be dated as of December 15, 1982 and shall be in
coupon form of the denomination of $5,000 each. Notwithstanding the limita-
tions on the details set forth in Resolution No. 25160, the Bonds shall
mature on December 15 without option of prior redemption in eahc of the
years and in the amounts set forth below, with the bonds maturing in each
year to bear interest payable semiannually on each June 15 and December 15,
commencing June 15, 1983, at the rate per annum set forth opposite such
year, to wit:
Year of Principal Amount Interest
Maturity Maturing Rate
1984 $ 200,000 7.75%
1985 600,000 7.75
1986 1,100,000 7.75
1987 1,100,000 7.75
1988 1,100,000 7.75
1989 1,200,000 7.75
1990 1,300,000 7.75
1991 1,400,000 8.00
1992 1,500,000 8.10
1993 1,500,000 8.25
principal of and interest on the Bonds shall be payable in lawful money of
the United States of America at the principal office of The Bank of Virginia
Trust Company, in Richmond, Virginia, or, at the option of the holder, at
the principal office of Bankers Trust Company, in New York, New York.
4. All action taken to date by the officers, employees, agents and
attorneys of the City with respect to the sale of the Bonds, including the
action of the Director of Finance in determining the details of the Bonds as
set forth in paragraph 3 hereof, in causing to be published the Notice of
Sale of the Bonds as aforesaid and in causing to be distributed copies of a
Preliminary Official Statement dated December 6, 1982, relating to the
Bonds, including the Notice of Sale of the Bonds and a form of Proposal for
Bonds, in the respective forms thereof presented at and hereby ordered filed
with the minutes of this meeting, and the form and contents of such Notice
of Sale, of such Preliminary Official Statement and of such Proposal for
Bonds, be and they hereby are approved, ratified and confirmed.
5. This Council hereby finds and determines that of the $2,880,000 of
bonds authorized by Ordinance No. 24812 to finance sidewalks, streets,
highways and bridges there is or will be an unexpended balance of $304,000;
that of the $2,515,000 of bonds authorized by Ordinance No. 24812 to finance
parks and recreational facilities there is or will be an unexpended balance
of $119,761; and that the cost of storm drains required to be financed
exceeds the $4,410,000 authorized by Ordinance No. 24812. In accordance
with the provisions of the last sentence of Section 1 of Ordinance No. 24812
the unexpended balance of the proceeds of bonds authorized by such Ordinance
for sidewalks, streets, highways and bridges and for parks and recreational
facilities shall be used to finance storm drains. Accordingly, the proceeds
of the sale of the Bonds will be expended as follows:
388
Public side~alks, streets, highways and bridges
$2,576,000
System of storm drains
3,396,000
Libraries, fire stations an~ other public buildings
2,395,000
Public parks amd other recreational purposes
1,333,000
Public schools
1,300,000
6. The good faith check accompanying the proposal of the Purchaser to
purchase the Bonds shall be deposited by the City Treasurer and the proceeds
thereof applied in accordance with the terms of the aforesaid Notice of
Sale, and the good faith checks accompanying the other proposals received as
aforesaid for the purchase of the Bonds shall be forthwith returned.
7. The City Manager and the Director of Finance of the City are
hereby authorized to execute for and on behalf of the City, and to deliver,
copies of the Official Statement dated December 14, 1982 relating to the
Bonds in substantially the form thereof presented at and hereby ordered
filed with the minutes of this meeting and the form and contents of such
Official Statement be and they hereby are approved, ratified and confirmed.
The City Manager and Director of Finance are hereby further authorized to
execute for and on behalf of the City, and to deliver, a certificate sub-
stantially in the form described in said Official Statement under the caption
"Certificate Concerning Official Statement."
Mr. Trout moved the adoption of the Resolution. The motion was second-
ed by Mr. Musser and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Musser, Trout and
Mayor Taylor ..........................................................
NAYS: None ..................................................... O.
(Council member Harvey was absent.)
There being no further business, the Mayor declared the special meeting
adjourned at 12:15 p.m.
APPROVED
City Clerk
Mayor
389
SPECIAL SESSION ..... ROANOKE CITY COUNCIL
December 20, 1982
2:10 p.m.
The Council of the City of Roanoke met in special session in the Council
Chamber in the Municipal Building, City of Roanoke, on Monday, December 20, 1982, at
2:10 p.m., with Vice-Mayor Howard E. Musser presiding.
PRESENT: Council members Elizabeth T. Bowles, Wendell H. Butler, Robert A.
Garland, James G. Harvey, II, Noel C. Taylor, James O. Trout and Vice-Mayor Howard E.
Musser ............................................................................. 7.
ABSENT: None ............................................................ O.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. W. Robert Herbert,
Assistant City Manager; Mr. Wilburn C. Dibling, Jr., City Attorney; Mr. Joel M.
Schlanger, Director of Finance; and Ms. Mary F. Parker, City Clerk.
The special meeting of Council was called by the City Manager pursuant
to Section 10 of the Charter which provides that special meetings of the
Council may be called by the Mayor, any member of the Council, or the City
Manager at any time upon at least twelve hours written notice to the Mayor
and each member, served personally or left at his usual place of business
or residence; or such meeting may be held at any time without notice, on
call of the Mayor or the City Manager provided at least five members of
the Council attend such meeting. The City Manager requested that the
Vice-Mayor preside over the meeting.
Mr. Garland offered the following Resolution:
(#26310) A RESOLUTION commending the Honorable Noel C. Taylor, Mayor
of the City of Roanoke, for his role in the magnificent Centennial celebra-
tion of our City.
(For full text of Resolution, see Resolution Book No. 47, page 424.)
Mr. Garland moved the adoption of the Resolution. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Trout and
Vice-Mayor Musser ........................................................ 6.
NAYS: None ......................................................... 0.
(Mayor Taylor abstained from voting.)
On behalf of the Council, the Vice-Mayor presented a framed copy of
Resolution No. 26310 to Mayor Taylor.
There being no further business, the Vice-Mayor declared the special
meeting adjourned at 2:20 p.m.
APPROVED
City Clerk Vice-Mayor
390
SPECIAL SESSION ..... ROANOKE CITY COUNCIl.
December 22, 1982
8:00 a.m.
The Council of the City of Roanoke met in special session in the Civil
Defense Roo~ of the Municipal Building on Wednesday, December 22, 1982, at 8:00
a.m., with Mayor Noel C. Taylor presiding.
PRESENT: Council members Elizabeth T. Bowles, Wendell H. Butler, Robert A.
Garland, Howard E. Musser, James O. Trout and Mayor Noel C. Taylor ................. 6.
ABSENT: Council member James G. Harvey, II .............................. 1.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. Wilburn C. Dibling,
Jr., City Attorney; Mr. Joel M. Sehlanger, Director of Finance; and Ms. Mary F.
Parker, City Clerk.
The invocation was delivered by Council member Wendell H. Butler.
The special meeting of Council was called by the Mayor pursuant to
Section I0 of the Charter which provides that special meetings of Council
may be called by the Mayor, any member of the Council, or the City Manager
at any time upon at least twelve hours written notice to the Mayor and
each member, served personally or left at his usual place of business or
residence; or such meeting may be held at any time without notice, on call
of the Mayor or the City Manager provided at least five members of the
Council attend such meeting. The Mayor advised that the special meeting
was called to discuss a real estate matter.
The City Manager requested that Council convene in Executive Session
to discuss a matter relating to disposal of publicly held property pursuant
to Section 2.1-344 (a) (2), Code of Virginia, 1950, as amended.
ACTION:
Mr. Trout moved that Council concur in the above set forth request of
the City Manager. The motion was seconded by Mr. Musser and adopted by
the following vote:
AYES: Council members Bowles, Butler, Garland, Musser, Trout and
Mayor Taylor ............................................................. 6.
NAYS: None ......................................................... 0.
(Council member Harvey was absent.)
At 8:05 a.m., the Mayor declared the meeting recessed.
At 8:15 a.m., the meeting reconvened in the Civil Defense Room with
Mayor Taylor presiding and all members of the Council present, with the
exception of Council member Harvey.
MARKET: Mr. Brian Wishneff, Chief of Economic Development, presented
a ~rritten report of the City Manager with regard to leasing the City
Market Building to Downtown Associates, advising that a 750 day option to
lease the City Market Building to Downtown Associates, a partnership
composed of Ober Park Associates, Arnold Masinter, Horace Fralin, and
Elbert Waldron was executed on July 31, 1980, and it expired on August 19,
1982; that a lease agreement for Fire House No. 1 with Downtown Associates
was executed on July 31, 1980; that an Urban Development Action Grant of
$350,000.00 for partial financing of necessary rehabilitation was awarded
by the Department of Housing and Urban Development on August 18, 1981;
that a retroactive 30-day extension of the option to lease the City Market
Building was executed on September 2, 1982; that the extended option to
lease the City F~arket Building expired on September 19, 1982; that Downtown
391
Associates partnership has been restructured; that several meetings have
been held with the re~ainir~ partners of Downtown Associates and they have
requested a lease on the City Harket Building; that Downtown Associates
have decided not to utilize U.D.A.G. funding for their project; that new
Industrial Revenue Bond regulations preclude the use of bond funds for
restaurants effective January 1, 1983, therefore, Downtown Associates must
close on their bonds by December 31, 1982; and losses to the City on the
operation of the Market Building are approximately $18,000.00 annually at
present, leasing of the building will eliminate this deficit and will mean
that the City will be getting approximately $1,000,000 in renovation work
to the City Market Building at no cost or risk to itself in addition to
whatever rents are achieved.
Mr. Wishneff advised that actions needed to meet Downtown Associates'
request for a lease on the Building include development and execution of a
new lease for the City Market Building and provision for the voiding of
the present Fire Station No. 1 lease and tie future Fire Station lease to
performance on the Market Building; that the proposed lease on the City
Market Building has been prepared; that the proposed lease includes the
following provisions by March 31, 1983:
Requirement that present Fire Station No, 1 lease be voided
or substantially modified by mutual consent prior to taking
delivery on premises.
Requirement that a building permit for renovation in an
amount of at least $600,000 be obtained by Downtown
Associates.
3. Requirement that construction of the building be underway by
March 31, 1983.
4. Rental terms consist of the greater of:
a. $1,000 per year
5% of unadjusted gross income to Downtown Associates
in excess of that required to yield 15% return on
Downtown Associates' actual cash equity in project
and in excess of the annual interest payment on the
debt service on the rehabilitation of the leased
premises.
5. Term is for 20 years with option for two, 10-year renewals.
Terms of the lease begin January 1, 1983.
City approval of proposed renovation prior to Downtown
Associates receiving necessary approvals from Architectural
Review Board is required.
City approval of any tenants not included in food-oriented
retail, agricultural products or arts and crafts sales
is required.
8. Project must be substantially complete and open to public
by September 30, 1984.
It was pointed out that Downtown Associates needs an executed lease in
order to obtain final financial commitments.
Mr. Wishneff advised that the City Manager is recommending that
Council authorize the Administration to execute a lease for the City
Market Building with Downtown Associates, noting that timing is important
in order to obtain revenue bond financing by Downtown Associates by December
31, 1982; that renovation of the structure in an amount of at least $600,000
would be accomplished; and performance is required by the sequential
structure of the lease.
(For full text, see report on file in the City Clerk's Office.)
392
A~TION:
ATTEST:
Hr. Trout moved that the followinE Ordinance be placed upon its first
reading:
(#26311) AN ORDINANCE authorizing the lease of the City Market
Building to Downtown Associates, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 47, page 434.)
The motion was seconded by Mr. Husser and adopted by the following
vote:
AYES: Council members Bowles, Butler, Garland, Husser, Trout and
Mayor Taylor ........................................................... 6.
NAYS: None ....................................................... 0.
(Council member Harvey was absent.)
There being no further business,
meeting adjourned at 8:20 a.m.
City Clerk
the Mayor declared the special
APPROVED
Mayor
393
REGULAR ~EEKLY SESSION ..... ROANOKE CITY COUNCIL
Dec~mber 27, 1982
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the Council
Chamber in the Municipal Building, City of Roanoke, on Monday, December 27, 1982, at
2:00 p.m., the regular meeting hour, with Mayor Noel C. Taylor presiding.
PRESENT: Council members Robert A. Garland, James G. Harvey, II, Howard E.
Musser, James O. Trout, Elizabeth T. Bowles and Mayor Noel C. Taylor ................ 6.
ABSENT: Council member Wendell H. Butler ................................. 1.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. Wilburn C. Dibling,
Jr., City Attorney; Mr. Joel M. Schlanger, Director of F~nance; and Ms. Mary F.
Parker, City Clerk.
The invocation was delivered by The Reverend Gregory A. Raines, Pastor, Mt.
Pleasant Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Taylor.
ROANOKE NEIGHBORHOOD PARTNERSHIP: Mr. Earl B. Reynolds, Chief of Community
Planning, appeared before Council and presented each member with a Journal of Community
Action in which the Roanoke Neighborhood Partnership was featured.
Mr. Reynolds introduced Mr. Robert L. Springer, Regional Vice President,
Allstate Insurance Company, who presented a check to the Mayor, in the amount of
$1,750.00, for use by the Roanoke Neighborhood Partnership.
On behalf of the City of Roanoke, the Mayor accepted the check with apprecia-
tion.
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda are
considered to be routine by the City Council and will be enacted by one
motion in the forms listed on the agenda, and if discussion is desired,
that item will be removed from the Consent Agenda and considered separately.
He noted that included on the Consent Agenda is one request for an Executive
Session to discuss a matter involving acquisition of real property for
public purposes.
MINUTES: Minutes of the regular meetings of Council held on Monday,
December 6, 1982, and Monday, December !3, 1982; and the special meeting
held on Tuesday, December 14, 1982, were before Council.
(For full text, see minutes on file in the City Clerk's Office.)
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. Garland and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles and
Mayor Taylor ........................ v .................................... 6.
NAYS: None ......................................................... 0.
(Council member Butler was absent.)
394
ACTION:
ACTION:
ACTION:
HEALTH: A communicatiom from Mr. Charles L. Williams, Jr., tendering
his resignation as a member of the Mental Health Services Board, was before
Council.
(For full text, see communication on file in the City Clerk's Office.)
Mrs. Bowles moved that the resignation be accepted with regret and
that the communication be received and filed. The motion was seconded by
Mr. Garland and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles and
Mayor Taylor ............................................................ 6.
NAYS: None ....................................................... 0.
(Council member Butler was absent.)
INDUSTRIES-COUNCIL: A communication from Council member James O.
Trout, Chairman of the Economic Development Co~mission, requesting that
Council meet in Executive Session to discuss a matter involving acquisition
of real property for public purposes, pursuant to Section 2.1-344 (a) (2),
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 convene in Executive Session to discuss
a matter involving acquisition of real property for public purposes,
pursuant to Section 2.1-344 (a) (2), Code of Virginia, (1950) as amended.
The motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles, and
Mayor Taylor ............................................................ 6.
NAYS: None ....................................................... O.
(Council member Butler was absent.)
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND C~ICATIONS:
TAXES: A petition of Friendship Manor Apartment Village Corporation
requesting a Resolution that they be exempt from local taxation as a
charitable and benevolent organization within the context of Section 6 (a)
(6) of Article X of the Constitution of Virginia, and that the appropriate
public hearing be held on Monday, January 10, 1983, was before Council.
(For full text, see petition on file in the City Clerk's Office.)
Following a brief discussion of the request, Mr. Harvey moved that
Council hold a public hearing on Monday, January 10, 1983, at 7:30 p.m., or
as soon thereafter as the matter may be heard in the Council Chamber, and
that the matter be referred to the City Manager, the City Attorney and the
Director of Finance for study, report and recommendation to Council. The
motion was seconded by Mr. Musser and adopted.
Council member Garland requested that the record show he did not
participate in the discussion or the vote on the above set forth matter
inasmuch as he is an employee of Friendship Manor.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
395
ACTION:
ACTION:
ACTION:
JAIL: Mr. Thomas F. Brady, Director of Public Works, appeared before
Council and presented a briefing on the domestic water supply system at the
Roanoke City Jail, advising that on Tuesday, December 21, 1982, it was
discovered by a jailor that a foreign substance had gotten into the water
system which was deteremined to be an anti-freeze being put in by one of
the subcontractors for R. E. Lee & Son, Inc., contractor on the Courthouse
construction; that as soon as it was deemed what had occured, the process
ceased, and all water supply to the Jail was turned off; that several tests
were made and it was discovered that none of the anti-freeze had entered
the public water system. He said the Health Department immediately contacted
their Richmond Office and the Environmental Protection Agency was contacted
as to necessary measures to be taken, and they teton,mended that the system
be flushed and that use of the water be restricted.
Mr. Brady said samples of the water continued to be analyzed and
transported to the general laboratory in Richmond and on Thursday, December
23, 1982, the Health Department, in writing, gave the City permission to
allow all uses except consumption of the water for drinking and food prepara-
tion, and on December 24, 1982, the tests revealed that the system was well
below the limits for long-term consumption.
Mr. Brady pointed out that it appears everything is now normal and the
jail is fully operational, that a total has been kept of all costs incurred
above normal and meetings will be held with the contractor, the City Attorney,
and others to determine who will pay for the various types of expenses.
Mr. Garland moved that the oral report be received and filed. The motion
was seconded by Mr. Trout and adopted.
ITEMS RECOI~MENDED FOR ACTION:
PARKS AND PLAYGROUNDS: The City Manager submitted a written report
advising that on December 13, 1982, the Mill Mountain Development Committee
recommended to Council that leases with the Mill Mountain Zoo, Inc., and
with the Roanoke Jaycees as operators of the Zoo Choo train be renewed
retroactive respectively to September 30, 1981, and April 10, 1979, plus
one year extension pending completion and submission of a definite plan for
Zoo Development or expansion by the Zoo Corporation. He further advised
that on December 13, 1982, Council adopted Ordinance No. 26307 on first
reading authorizing renewal of the above stated leases for a five year term
beginning October 1, 1981, instead of a one year term beginning December
13, 1982, as recommended by the committee.
The City Manager recommended that Council concur with the recommenda-
tions of the Mill Mountain Development Committee that the leases with
the Mill Mountain Zoo, Inc., and with the Roanoke Jaycees as operators of
the Zoo Choo train be renewed retroactive respectively to September 30,
1981, and April 10, 1979, and be effective for a term ending December 13,
1983; and that Ordinance No. 26307 be amended on second reading as above
set forth.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Ordinance No. 26307 be amended as above recommended
by the CityManager. The motion was seconded by Mr. Garland and adopted.
Ordinance No. 26307 having previously been before the Council for its
first reading on Monday, December 13, 1982, read and adopted on its first
reading and laid over, was again before the body, Mr. Trout offering the
following for its second reading and final adoption, as above amended:
(#26307) AN ORDINANCE providing for the lease of the Mill Mountain
Zoo and for the operation of the miniature train at the Zoo.
(For full text of Ordinance, see Ordinance Book No. 47, page 426.)
96
ACT ION:
H~. Trout moved the adoption of the Ordinance as amended. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles and
Mayor Taylor .............................................................
NAYS: None ......................................................... 0.
(Council member Butler was absent.) ·
Mr. Trout moved that the report of the City Manager be received and
filed. The motion was seconded by Mr. Garland and adopted.
GENERAL DISTRICT COURT: The City Manager submitted a written report
advising that the General District Court Subcommittee of the Victim/Witness/
Juror Assistance Conmittee, while considering measures to reduce the court
docket and the inconvenience to victims and witnesses, took into account
the provisions of Section 16.1-69.40:2 of the Code of Virginia which permits
the prepayment of fines for certain qualifying violations of local ordinances
set forth by an adopted schedule of payment, said offenses being basically
equivalent of a Class 4 misdemeanor which carry no penalty of incarceration
nor a fine of more than $100, and the Circuit Court Judges are authorized
to adopt such uniform fine schedule by appropriate order.
It was pointed out that the Subcommittee recommended to the entire
committee the adoption of such a prepayment schedule and submitted a draft
order for consideration by the Court; that the committee, at its meeting on
November 8, determined that appropriate notifications and concurrences
should be sought for the implementaton of the schedule; that the Police
Department has reviewed the proposal and concurs in its adoption; and the
City Attorney has reviewed the proposal and made appropriate comments to
the Commonwealth's Attorney.
Mr. Ewert recommended that the Council concur in the concept of establish-
ing a uniform fine schedule for prepayment of certain minor offenses as
deemed appropriate by Judges of the Twenty-third Judicial District.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that Council concur in the'concept of establishing a
uniform fine schedule for prepayment of certain non-traffic minor offenses
as deemed appropriate by Judges of the Twenty-third Judicial District. The
motion was seconded by Mr. Garland and adopted.
COURTHOUSE: The City Manager submitted a written report advising that
the bond issue approved by the City of Roanoke in November 1979, included a
project for alterations and additions to the existing Courthouse Building
to better accommodate and centralize the social services operations and
functions within the City; that the new Courthouse Building was dedicated
on December 16, 1982, with the final moving of all remaining furniture
scheduled for the week of January 17 - 21, 1983; that the existing Court-
house Building will be mostly vacant and available for detailed engineering/
architectural review and analysis beginning the last week in January, 1983;
that qualification proposals were solicited, while working in anticipation
of bonds being sold on December 14, 1982, on November 10, 1982, from seven
local engineering/ architectural firms and proposals were sent to (1) Smithey
and Boynton, (2) Hayes, Seay, Mattern and Mattern, (3) Sherertz, Franklin,
Crawford, Shaffner, (4) Architectural Design Group, (5) Bowling and Martin,
(6) WKR Incorporated, and (7) Frantz and Chappelear; that a short list was
developed and interviews were held with the three most qualified architectural/
engineering firms on November ]9, 1982 as follows: (1) Smithey and Boynton,
(2) Sherertz, Franklin, Crawford, Shaffner and (3) Frantz and Chappelear;
and Frantz and Chappelear was elected as the most qualified engineer/architect
to review, analyze, and prepare the necessary alterations to the existing
Courthouse Building.
Mr. Ewert advised that feasiblility and modification studies have been
initiated by purchase order ($5,300) with Frantz and Chappelear to analyze
397
ACTION:
the proposed uses for the Third Street Annex and surrounding buildings with
particular emphasis on "conceptual plan and design" for pedestrian crossing
of Third Street and pedestrian connections between the Municipal Building
and the existing Courthouse Building; that basic services for floor space
use programming, sch-m~tic design, design development, construction documents,
bidding, and construction inspection of alterations and additions to the
existing Courthouse Building remain to be awarded to the selected architect/
engineer; and bond issue for $11 million sold on December 14, 1982 and
funds are now available for design, and construction of additions and altera-
tions to the existing Courthouse building.
The City Manager recommended authorization to execute an architectural/
engineering services contract, in a form acceptable to the City Attorney,
with Frantz and Chappelear for basic services for floor space use programming,
schpmatic design, design development, construction documents, bidding, and
construction inspection of alterations and additions to the existing Court-
house Building not to exceed $165,750.00 as follows:
Basic Services
Additional Services
Reimbursable Expenses
$ 154,000
9,250
2~500
Total $ 165,750
He advised that additional Services and Reimbursable Expenses will be
authorized administratively as needed. Mr. Ewert further recommended that
$165,750 be appropriated from the receipt of bond sale to an account to be
established by the Director of Finance called Social Services - Courthouse
Renovation.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#26312) AN ORDINANCE authorizing the City Manager to execute a
contract with Frantz and Chappelear to provide architectural and engineer-
ing work with regard to certain additions and alterations to the existing
Courthouse Building; and providing for au emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 427.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles and
Mayor Taylor ............................................................. 6.
NAYS: None ......................................................... O.
(Council member Butler was absent.)
AIRPORT-SEWERS AND STORM DRAINSCONSULTANTS' REPORTS: The City Manager
submitted a written report advising that Council has authorized various
contracts with Delta Associates, Incorporated; that Delta Associates, Inc.,
has split into two corporations - Delta Associates, Inc., a Georgia Corpora-
tion and Delta Associates P. E., Inc., a Virginia Corporation; and City
contract work has always been performed by what is now Delta Associates P. E.,
Inc., the Virginia Corporation.
Mr. Ewert recommended that Council authorize him to execute documents
to be prepared by the City Attorney approving the assignment by Delta
Associates, Inc., to Delta Associates P. E., Inc., of those City contracts
as more fully set forth in the report.
(For full text, see report on file in the City Clerk's Office.)
398
ACTION:
ACTION:
Mrs. Bowles offered the following emergency Ordinance:
(#26313) AN ORDINANCE authorizing the assignment of certain contracts
between the City of Roanoke and Delta Associates, Inc., to Delta Associates
P.E., Inc., and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 427.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles and
Mayor Taylor ............................................................. 6.
NAYS: None .......................................................... O.
(Council member Butler was absent.)
AIRPORT-CONSULTANTS' REPORTS: The City Manager submitted a written
report advising that bids were received on July 12, 1982, to provide for
Phase II of the Airport Runway Extension; that contract award was made on
October 4, 1982, to Wiley N. Jackson Co., in the amount of $6,492,993.24;
that federal grants received for Phase II total $6,996,521.00; that construc-
tion engineering and administration contract was executed with Delta Associates,
Inc., after due selection process, on November 24, 1980, with each phase
of service being subject to Council approval as needed.
Mr. Ewert advised that the administration of construction and resident
inspection section of the contract for Phase II with Delta Associates P.E.,
Inc., now needs to be executed to provide contract administration and
resident inspection as originally anticipated; that the acceptance testing
agreement with Soil & Material Engineers, Inc., needs to be executed and the
construction and as built survey agreement with Buford T. Lumsden & Associates,
P.C., needs to be executed.
The City Manager recommended that Council authorize the Administration to
execute Amendment No. 3 to the contract with Delta Associates P.E., Inc.,
Agreement with Soil & Material Engineers, Inc., and Agreement with Buford
T. Lumsden & Associates, P. C.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#26314) AN ORDINANCE authorizing the City Manager to execute three
contracts pertaining to the construction of Phase II of the extension of
Runway 23 at the Municipal Airport; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 428.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mr. Musser and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles, and
Mayor Taylor ............................................................ 6.
NAYS: None ......................................................... O.
(Council member Butler was absent.)
SEWERS AND STORM DRAINS-EASEMENTS: The City Manager submitted a
written report advising that the 1979 Bond Issue provided for the construc-
tion of certain needed storm drain projects and Storm Drain Project XI,
Roanoke Avenue, S. W., is one of those projects; that the City Administration
proceeded with the design of and development of plans and contacted the
Norfolk and Western Railway Company in regard to the underground occupation
399
ACTION:
ACTION:
of their right of way; that the Railway Company forwarded to the City a
"License for Pipe Line Facility"; and bids for construction of this project
are to be advertised whem the second bond sale funds are available.
Mr. Ewert recommended that Council adopt the proper measure, in a form
acceptable to the City Attorney, authorizing the execution of the Lease for
Pipe Line Facility with the Norfolk and Westerm Railway; and funding initially
will come from Capital Improvement Reserve, Storm Drainage, and transferred
to Storm Drain Project XI Account for payment, and thereafter yearly payments
will be made from Utility Lines, Equipment Rentals.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency Ordinance:
(#26315) AN ORDINANCE authorizing the City's execution of a License
for a Pipe Line Facility with the Norfolk and Western Railway Company
providing for a right to the City to construct a pipeline across a right-
of-way owned by said company; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 428.)
Mr. Musser moved the adoption of the Ordinance. The motion was seconded
by Mr. Trout and adopted by the following vote:
AYES: Council members Garland~ Harvey, Musser, Bowles and Mayor
Taylor .................................................................. 5.
NAYS: None ....................................................... O.
(Council member Butler was absent.) (Council member Trout abstained from
voting.)
EMPLOYEE ORGANIZATIONS-ROANOKE CIVIC CENTER: The City Manager submitted
a written report advising that Council has annually approved an agreement
between the City and Local No. 55, International Alliance of Theatrical
Stage Employees and Moving Picture Machine Operators, for provision of
stagehands and other event-related services at the Roanoke Civic Center and
such stagehands are employees of the independent contractor, not the City.
The City Manager further advised that the agreement has been negotiated
and needs to be approved, and recommended that Council approve a working
agreement between the City and I.A.T.S.E..
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#26316) AN ORDINANCE authorizing the City Manager to enter into a
new agreement with Local No. 55, International Alliance of Theatrical Stage
Employees and Moving Picture Machine Operators, relative to services of
such independent contractor at the Roanoke Civic Center, upon certain terms
and conditions; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 429.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles and
Mayor Taylor ............................................................. 6.
NAYS: None ......................................................... 0.
(Council member Butler was absent.)
400
ACTION:
BUDGET-PUBLIC ASSISTANCE: The City Manager submitted a written report
advising that Food Stamp Work Registration and Job Search funds have been
received by the State of Virginia through a Denonstration Grant; that
Roanoke City, along with 23 other localities, has been included in this
grant which becomes effective January 1, 1983; that food stamp recipients,
declared mandatory work registrants, have been in the past referred to the
Virginia Employment Co~,~ission to seek jobs, but under the new policy the
Department of Social Services will assume the responsibility of ensuring
that all work registration and job search activities are carried out in
accordance with federal policy.
Mr. Ewert advised that approximately 2,000 recipients of food stamps
will be mandated to participate in the program and will be classified for
Job Search according to their situation; that sanctions will be applied
against households that do not comply with the work registration and/or job
search requirements; that total food stamp caseload will need to be assessed,
as follows:
550 applicants per month
1~057 recertifications per month
1,607 TOTAL CASES PER MONTH
It was also pointed out that $20,766.00 has been allotted to Roanoke City
by the State Department of Social Services for operation of this program
from January 1, 1983, through June 30, 1983; that the Department of Social
Services is requesting permission to establish two Social Worker positions
to implement this program with $15,438.00 for salaries and wages and $3,274.00
for fringe benefits; and employment services for food stamp recipients
program will be established as City Budget No. 5317.
The City Manager recommended that Council appropriate $20,766.00 to
the Employment Services for Food Stamp Recipients Program which is 100%
reimbursable, as follows:
$ 15,438.00 to Salaries and Wages
$ 3~274.00 to Fringe Benefits
$ 20,054.00 Total Appropriation
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#26317) AN ORDINANCE to amend and reordain certain sections of the
1982-83 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 429.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mr. Musser and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles and
Mayor Taylor ............................................................ 6.
NAYS: None ........................................................ 0.
(Council member Butler was absent.)
BUDGET-PUBLIC ASSISTANCE: The City Manager submitted a written report
advising that employment services are mandated for certain recipients of
Aid to Dependent Children Assistance by Title IV-A and IV-C of the Social
Security Act; that employment services will assist individuals in retaining,
regaining, or securing employment and acquiring training or education
leading to employment.
Mr. Ewert further advised that Aid to Dependent Children clients
served through the City's Department of Social Services which are affected
401
ACTION:
by Employment Services legislation are 1,016 on-goin~ recipients of A.D.C.
assistance, 446 approztm~te number of applicants over 12 month period and
1,462 total clients to be served; that the process for implementing the
Employment Services Program has been developed jointly by the City's
Department of Social Services, the Fifth District Employment and Training
Consortium and Total Action Against Poverty; that Aid to Dependent Children
clients will be evaluated to determine employability and those required to
participate will have no children under six years of age, be able bodied,
have day care and/or transportation available or furnished by the Department
of Social Services; that Aid to Dependent Children clients who refuse to
participate in the Employment Services Program will be denied assistance;
and funding will be as follows:
$ 127,680.00 allotted by State Department of Social Services
3,246.00 City cash match
$130,926.00 TOTAL APPROPRIATION REQUIRED
$98,438.33 Transferred from Budget No. 5314 Aid to Dependent
Children-Foster Care as number of children in
program has decreased (100%)
22,453.67 Transferred from Budget No. 5314, WIN Day Care as
this program is being terminated (90%)
10,034.00 Transferred from Budget No. 5314, Salaries and
Wages (this for WIN Social Worker who is being
transferred to Employment Services). (90%)
$130,926.00 TOTAL FUNDS TO BE TRANSFERRED
100% reimbursement will be received for job assessment and
job development activities
90% reimbursement will be received for supportive services
such as day care, transportation and clerical employees
It was also pointed out that the Department of Social Services is requesting
permission to establish positions to implement the Employment Services
Program as follows: Social Worker (three positions) and Clerk-Typist II
(two positions); and the Employment Services Program will be established
as City Budget No. 5316.
The City Manager recommended that $130,926.00 be transferred to
Employment Services Budget and approve a joint plan for implementing the
program.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#26318) AN ORDINANCE to amend and reordain certain sections of the
1982-83 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 430.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles and
Mayor Taylor .............................................................. 6.
NAYS: None .......................................................... O.
(Council member Butler was absent.)
BUDGET-JAIL: The City Manager submitted a written report advising
that operating costs for the Roanoke City Jail are provided by the Commonwealth
of Virginia under its Block Grant System for fiscal year 1982-83; that
expenditure of medical costs for inmates housed in the Roanoke City Jail
have exceeded the original budget spending rate by 42%; and additional
funds were requested of the Commonwealth by the Roanoke City Sheriff for
excessive medical costs.
402
ACTION:
ACTION:
Mr. Ewert explained that additional funds totaling $20,783.00
were approved by the Commonwealth of Virginia and $20,783.00 in
additional funds were received by the City of Roanoke and deposited
in a Revenue Account.
The City Manager recommended that Council appropriate the additional
funds to the Roanoke City Jail Budget to cover medical expenses.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency Ordinance:
(#26319) AN ORDINANCE to amend and reordain certain sections of
the 1982-83 General Fund Appropriation Ordinance, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 430.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles
and Mayor Taylor ..................................................... 6.
NAYS: None .................................................... O.
(Council member Butler was absent.)
POLICE DEPARTMENT: The City Manager submitted a written report
concurring in a report of the Bid Comittee recommending that the
lowest responsible bid which most closely meets specificiations,
including economy, for new police vehicles, from Berglund Chevrolet,
Inc., in the amount of $268,484.79, be accepted, and that all other
bids be rejected.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland advised that since placing the report on the agenda,
questions have been raised as to the purchasing process by one of the
bidders and in order to eliminate any element of doubt on the part of
any of the bfltders or the public, he would like for the committee to
once again review all of the bids, and invite representatives of the
companies submitting bids to appear before the committee for further
discussion.
Mr. Garland then moved that action on the matter be deferred until
the next regular meeting of Council on Monday, January 3, 1983, and
that all bidders be invited to have representatives appear before the
committee to further discuss the matter. The motion was seconded by
Mr. Harvey and adopted, Mr. Trout voting no.
Mr. Garland having earlier alluded to the fact that the integrity
of the City's purchasing and bid committee process had been challenged
by one of the bidders, Mr. Trout stated that he would like to hear a
response from the bidder, expressing the opinion that if someone
disagrees with the committee, that does not necessarily mean that
the person is challenging the integrity of the committee or the
City's purchasing process.
There was concern expressed by some members of Council with
regard to standardization of the City's fleet of automobiles, the
point being that if the City continually rejects the low bid, it is
in effect eliminating competition in the bidding process.
Mr. Garland requested that the City Clerk notify all bidders
that the bid committee will meet on Thursday, December 30, 1982, at
9:00 a.m., in the Council's Conference Room, to give further discussion
to the matter.
Mr. Robert Kaplan, Sales Manager of Dominion Dodge, appeared
before Council and advised that Dominiom Dodge does not question the
integrity of the bid committee or the procedure used by the committee,
403
but it does question the facts presented to the committee, and presented a
prepared statement respectfully requesting that Council award the contract
for purchase of the 24 new police cars to Dominion Dodge for certain
reasons as more fully set forth in the written statement.
(For full text, see statement on file in the City Clerk's Office.)
Mr. Harvey requested that Council be furnished with the following
information:
Actual gas mileage records on the two types of vehicles
Percentage of total parts that are interchangeable
Report from the Police Chief encompassing statements from
police officers with regard to the vehicles presently in use,
and experience of other cities that use Chrysler products.
Mr. Trout suggested that the City Manager also confer with the Fraternal
Order of Police and any other organizations associated with the Police
Department to determine performance levels as rated by police officers.
CITY ATTORNEY:
LEGISLATION:. The City Attorney submitted a written report transmitting
a draft of a proposed Legislative Program for the City for the 1983 Session
of the General Assembly.
(For full text, see report and program on file in the City Clerk's Office.)
Mr. Harvey spoke against that portion of the program dealing with
Inspection Warrants, advising that he disagreed with this portion of the
program last year and he has not changed his position. He said this
provision would infringe on the rights of the citizens and he will vote
against its inclusion.
ACTION:
Mr. Trout moved that Council meet with the City's representatives to
the General Assembly on Monday, January 3, 1983, at 12:00 noon to discuss
the 1983 Legislative Program. The motion was seconded by Mr. Garland and
adopted.
It was agreed that the Council will hold a public hearing on Monday,
January 10, 1983, at 7:30 p.m., or as soon thereafter as the matter may be
heard, with regard to amendments to the City Charter as follows:
(1)
Amend and reenact subsection (6) of Section 2, Powers of the
City, to authorize the City to acquire land by condemna-
tion for purposes of economic development.
(2)
Amend and reenact subsection (4) of Section 62, Zonir~, to delete
the requirement that notice of new or amended zoning regula-
tions, restrictions or boundaries be published at least 15
days prior to the required public hearing and provide that
notice shall be in accordance with provisions of general
law.
CITY PROPERTY-Y.M.C.A.-SCHOOLS: The City Attorney submitted a
written report advising that at the Council meeting on December 20, 1982,
he was instructed to prepare the appropriate measure authorizing the City
to enter into a lease agreement regarding use and occupancy of the Jefferson
High School gymnasium; that this agreement will be entered into between
the City, the School Board of the City of Roanoke and the Young Men's
Christian Association of Roanoke; whereupon, he transmitted said measure
for the consideration of Council.
(For full text, see report on file in the City Clerk's Office.)
404
ACT IO~:
ACTION:
ACTION:
Mr. Trout moved that the following Ordinance be placed upon its first
reading:
(#26320) AN ORDINANCE authorizing and directing the proper City officials
to enter into a lease between the City, the School Board of the City of Roanok~
and the Young Men's Christian Association of Roanoke, Virginia, for use of the
Jefferson High School gymmasium, upon certain terms and conditions.
The motion was seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles and
Mayor Taylor ......................................................... 6.
NAYS: None .......................................................... 0.
(Council member Butler was absent.)
PURCHASE/SALE OF PROPERTY-CITY PROPERTY: The City Attorney submitted
a written report advising that on December 20, 1982, Council considered a
report from the Water Resources Committee with respect to disposition of
surplus real estate and referred the matter to the City Attorney for
preparation of the appropriate measure; whereupon, he transmitted said
Ordinance for the consideration of Council.
(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:
(#26321) AN ORDINANCE implementing a plan to dispose of surplus real
estate owned by the City.
The motion was seconded by-Mr. Garland and adopted by the following
vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles and
Mayor Taylor ........................................................... 6.
NAYS: None ......................................................... O.
(Council member Butler was absent.)
SALE/PURCHASE OF PROPERTY-WATER DEPARTMENT: The City Attorney sub-
mitted a written report advising that at the December 20, 1982, meeting,
Council considered a report from the Water Resources Committee recommending
that Council approve the acquisition of 415 acres of land lying in Roanoke
and Botetourt Counties, off of State Route 740, for purposes of protecting
the Watershed at the Carvins Cove Reservoir and referred the matter to the
City Attorney for preparation of the appropriate measure; whereupon, he
transmitted an ordinance for the consideration of Council.
(For full text, see report on file in the City Clerk's Office.)
}ir. Trout offered the following emergency Ordinance:
(#26322) AN ORDINANCE providing for the City's acquisition of 415
acres of land lying in Roanoke County and Botetourt County, Virginia, in
the Carvins Cove Watershed; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 431.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles and
Mayor Taylor ............................................................. 6.
404
ACTION:
ACTION:
ACTION:
Mr. Trout moved that the following Ordinance be placed upon its first
reading:
(#26320) AN ORDINANCE authorizing amd directing the proper City officials
to enter into a lease between the City, the School Board of the City of Roanok~
and the Young Men's Christian Association of Roanoke, Virginia, for use of the
Jefferson High School gymmasium, upon certain terms and conditions.
The motion was seconded by Mrs. Bowles and adopted by the followiv~
vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles and
Mayor Taylor .......................................................... 6.
NAYS: None ......................................................... O.
(Council member Butler was absent.)
PURCHASE/SALE OF PROPERTY-CITY PROPERTY: The City Attorney submitted
a written report advising that on December 20, 1982, Council considered a
report from the Water Resources Committee with respect to disposition of
surplus real estate and referred the matter to the City Attorney for
preparation of the appropriate measure; whereupon, he transmitted said
Ordinance for the consideration of Council.
(For full te~t, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#26321) AN ORDINANCE implementing a plan to dispose of surplus real
estate owned by the City.
The motion was seconded by' Mr. Garland and adopted by the following
vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles and
Mayor Taylor ............................................................ 6.
NAYS: None ......................................................... 0.
(Council member Butler was absent.)
SALE/PURCHASE OF PROPERTY-WATER DEPARTMENT: The City Attorney sub-
mitted a written report advising that at the December 20, 1982, meeting,
Council considered a report from the Water Resources Committee recommending
that Council approve the acquisition of 415 acres of land lying in Roanoke
and Botetourt Counties, off of State Route 740, for purposes of protectimg
the Watershed at the Carvins Cove Reservoir and referred the matter to the
City Attorney for preparation of the appropriate measure; whereupon, he
transmitted an ordinance for the consideration of Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#26322) AN ORDINANCE providing for the City's acquisition of 415
acres of land lying in Roanoke County and Botetourt County, Virginia, in
the Carvins Cove Watershed; and providing for an emergency.
(For full texg of Ordinance, see Ordinance Book No. 47, page 431.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout~ Bowles and
Mayor Taylor ............................................................. 6.
405
ACTION:
NAYS: None ........................................... 0.
(Council member Butler was absent.)
SALE/PURCHASE OF PROPERTY-SEWERS AND STORM DRAINS: The City Attorney
submitted a written report advising that at the December 20, 1982, meeting,
Council considered a report from the Water Resources Committee concerning
a staff reco~endation that Council authorize the lifting of a deed restric-
tion with respect to property owned by Mr. Eugene B. Knighton located at
2917 Williemson Road, N. E., and referred the matter to the City Attorney
for preparation of the appropriate measure; whereupon, he transmitted an
Ordinance for the consideration of Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its first
reading:
(#26323) AN ORDINANCE providing for the City's release to Eugene B.
Knighton of a deed restriction as to the northerly portion of original
Lot 2, Section 1, Liberty Land Company Map, under certain terms and conditions.
The motion was seconded by Mrs. Bowles and adopted by the following
VOte:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles and
Mayor Taylor ............................................................ 6.
NAYS: None ....................................................... 0.
(Council member Butler was absent.)
DIRECTOR OF FINANCE:
BUDGET-BONDS-CAPITAL IMPROVEMENTS: The Director of Finance submitted
a written report advising that the General Obligation Public Improvement
Bonds, Series 1982, were issued for the following categories of improvements:
Public sidewalks, streets, highways and
bridges
System of storm drains
Libraries, fire stations and other public
buildings
Public parks and other recreational purposes
Public Schools
$ 2,576,000
3,396,000
2,395,000
1,333,000
1,300,~00
$ 11,000,000
Mr. Schlanger advised that. he is transmitting an ordinance appropria-
ting this $11,000,000 to a category within the Capital Projects Fund
entitled, "Public Improvement Bonds, Series 1982", with the following
detail accounts:
Public sidewalks, streets, highways and
bridges
System of storm drains
Libraries, fire stations and other public
buildings
Public parks and other recreational
purposes
Public schools
$ 2,576,000
3,396,000
2,395,000
1,333,000
1~300~000
$ 11,000,000
The Director of Finance explained that as the specific projects
within each category are identified, an administrative report and appro-
priation ordinance will be submitted to Council for approval and trans-
fer of funds to the proper Capital Projects Fund category.
(For full text, see report on file in the City Clerk's Office.)
4O6
ACTION:
ACTION:
ACTION:
Mr. Trout offered the following emergency Ordinance:
(#26324) AN ORDINANCE to emend and reordain certain sections of the
1982-83 Capital Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 431.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mr. Musser and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles and
Mayor Taylor ............................................................ 6.
NAYS: None ......................................................... 0.
(Council member Butler was absent.)
REPORTS OF COMMITTEES:
BUDGET-PURCHASE/SALE OF PROPERTY: Council member Elizabeth T.
Bowles, Chairman of the Water Resources Committee, presented a written
report of the committee advising that the City obtained an option on July
30, 1982, to purchase property at 312 Campbell Avenue, Official Tax No.
1011330, Knights of Pythias Building, for $83,000.00 and the option will
expire on December 31, 1982; that the con~nittee would like for the City to
purchase the property but only after and if a definite need and use of the
property is identified; that some use possibilities have been identified,
however, all possible uses are contingent upon the eventual uses of the
old courthouse, and utilization of the old courthouse is the subject of
the study now underway as reported by the Administration to Council on
December 13, 1982.
Mrs. Bowles further advised that the committee asked the Administration
on December 20, 1982, to attempt to obtain another option for an additional
six months; that an option is available for a term ending June 15, 1983,
at a cost of $1,500.00, said $1,500.00 will be credited to the purchase
price of $83,000.00 if the City elects to exercise the option.
On behalf of the committee, Mrs. Bowles recommended that Council
authorize the appropriate City official to execute an option for the
subject property for $1,500.00 for a term ending June 15, 1983.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#26325) AN ORDINANCE to amend and reordain certain sections of the
1982-83 Capital Fund Appropriations, and providing for an emergency.
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and lost by the following vote:
AYES: Council members Garland, Trout, Bowles and Mayor Taylor ....... 4.
NAYS: Council members Harvey and Musser ............................. 2.
(Council member Butler was absent.)
Mrs. Bowles offered the following emergency Ordinance:
(#26326) AN ORDINANCE authorizing the execution of an option to
purchase the Knights of Pythias property at 310-312 Campbell Avenue,
Roanoke, Virginia, and providing for an emergency.
Mrs. Bowies moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and lost by the following vote:
407
ACT ION:
A~TION:
ACT ION:
ACTION:
AYES: Council members Garland, Trout, Bowles and Mayor Taylor ....... 4.
NAYS: Council members Harvey and Musser ............................. 2.
(Council member Butler was absent.)
The City Clerk pointed out that the above two ordinances were lost
inasmuch as emergency ordinances require the affirmative vote of at least
five members of the Council; whereupon, Mr. Garland moved for a reconsideration
of the question. The motion was seconded by Mrs. Bowles and adopted.
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#26325) AN ORDINANCE to amend and reordain certain sections of the
1982-83 Capital Fund Appropriations.
The motion was seconded by Mr. Garland and adopted by the following
vote:
AYES: Council members Garland, Trout, Bowles and Mayor Taylor ....... 4.
NAYS: Council members Harvey and Musser ............................ 2.
(Council member Butler was absent.)
Mrs.' Bowles moved that the following Ordinance be placed upon its
first reading:
(#26326) AN ORDINANCE authorizing the execution of an option to
purchase the Knights of Pythias property at 310-312 Campbell Avenue,
Roanoke, Virginia.
(For full text of Ordinance, see Ordinance Book No. 47, page 437.)
The motion was seconded by Mr. Garland and adopted by the following
vote:
AYES: Council members Garland, Trout, Bowles and Mayor Taylor ....... 4.
NAYS: Council members Harvey and Musser .............................. 2.
(Council member Butler was absent.)
Council members Harvey and Musser advised that their negative votes
were cast because they do not intend to vote for the purchase of a building
or the option on a building until plans are finalized for use of the old
post office building and existing space in the old courthouse building,
further advising that they cannot justify acquiring more buildings at this
time.
A report of the City Manager concurring in the recommendation of the
Water Resources Co~ittee, was also before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that the report be received and filed. The motion
was seconded by Mr. Musser and adopted.
ROANOKE CIVIC CENTER: Mr. Vincent S. Wheeler, Chairman of the Roanoke
Civic Center, appeared before Council and presented a written report of
the Commission recommending authorization for the City Manager to execute
an agreement with Ticketron to provide for electronic, computerized ticket
sales with respect to events at the Roanoke Civic Center, advising that
the proposal involves a three year contract with Ticketron whereby the
408
ACTION:
ACTION:
ACTION:
City will pay Ticketron $.20 to $.22 per ticket for sales at the seven
remote facilities which Ticketron will set up and $.07 to $.08 per ticket
for each ticket sold through the Civic Center Box Office via Ticketron's
equipment; in addition, the ticket purchaser will pay to Ticketron $.75
per ticket for purchases at remote facilities and Ticketron will pay to
the City $.20 per ticket for sales of tickets to non-Civic Center events,
effected at the Roanoke Civic Center.
(For full text, see report on file in the City Clerk's Office.)
A report of the City Manager concurring in the recommendation, was
also before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency Ordinance:
(#26327) AN ORDINANCE authorizing the execution of a contract for
the operation of an electronic ticketing system at the Roanoke Civic
Center; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 432.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles and
Mayor Taylor ............................................................ 6.
NAYS: None ....................................................... O.
(Council member Butler was absent.)
Mr. Harvey moved that the report of the City Manager be received and
filed. The motion was seconded by Mr. Musser and adopted.
INSURANCE-CITY EMPLOYEES: Council member Robert A. Garland, Chairman
of the committee appointed by the Mayor to study proposals submitted to
the City on employee group hospitalization and health insurance submitted
a written report of the committee recommending that Council authorize the
City Manager to execute documents with Blue Cross/Blue Shield of Southwestern
Virginia, for the provision of certain Medical and Health Services to City
employees and their families, known as Plan II, beginning January 1, 1983,
and terminating December 31, 1983; and that Council concur in the concept
of Funding Reserves as reco~ended by the Director of Finance.
(For full text, see report on file in the City Clerk's Office.)
In this connection, the City Manager submitted a written report
concurring in the report of the Bid Con~ittee.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#26328) AN ORDINANCE authorizing certain agreements and contracts
to be entered into with Blue Cross of Southwestern Virginia and Blue
Shield of Southwestern Virginia to provide medical and health services for
employees of the City and members of their families; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 432.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
409
ACTION:
ACTION:
AYES: Council members Garlamd, Harvey, Hussar, Trout, Bowles and
Mayor Taylor ......................................................... 6.
NAYS: Nome ....................................................... O.
(Council member Butler was absent.)
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
CO~94ITTEES: Ordinance No. 26305 amending specific sections of the
City Code and adding certain sections providing for consideration of
geographic representation in appointments to permanent boards, authorities,
commissions and committees of the Council, establishing a limitation on
terms, providing for vacation of office because of certain absences and
requiring an annual report; and providing for review by Council of the
effectiveness of the procedures established by the Ordinance in one year,
having previously been before the Council for its first rending on Monday,
December 13, 1982, 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:
(#26305) AN ORDINANCE amending and reordaining subsection (b) of Section
2-281, Appointment and qualifications of members, and Section 2-285,
Reports to council} filing of minutes, of the Code of the City of Roanoke
(1979), as amended, and further emending such Code by enacting new Sections
2-281.1, L~mttation on terms, and 2-281.1, Vacation of office because of
absences, the amended and added sections providing for consideration of
geographic representation in appointments to permanent boards, authorities,
co~missions and co~mittees, establishing a limitation on terms, providing
for vacation of office because of certain absences and requiring an annual
report; and providing for review by Council of the effectiveness of the
procedures established by this ordinance in one year.
(For full text of Ordinance, see Ordinance Book No. 47, page 425.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowles and Mayor Taylor--5.
NAYS: Council member Garland ......................................... 1.
(Council member Butler was absent.)
CITY MARKET: Ordinance No. 26311 authorizing the lease of the City
Market Building to Downtown Associates, upon certain terms and conditions,
having previously been before the Council for its first reading on Wednesday,
December 22, 1982, 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:
(#26311) AN ORDINANCE authorizing the lease of the City Market Building
to Downtown Associates, upon certain terms and conditions.
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Garland, Musser, Trout, Bowles and Mayor
Taylor ................................................................... 5.
NAYS: None .......................................................... 0.
(Council m-mher Butler was absent.) (CouncJ-I member Harvey abstained from
voting.)
410
ACTION:
ACTION:
BUDGET-SCHOOLS: Council at its Financial and Planning Session on
Monday, December 20, 1982, having concurred in an appropriatio~ request
from the Roanoke City School Board for the fiscal year 1982-83 unexpended
fund balance, and requested that the Director of Finance prepare the
appropriate measure as follows:
Replacement of School Buses
Renovation of Roofs
Replacement of School Equipment
Capital Maintenance
Mini-computers
$ 160,000.00
125,175.00
138,800.00
47,282.00
49~200.00
$ 520,457.00
The Director of Finance presented a measure for the consideration of Council;
whereupon, Mr. Trout offered the following emergency Ordinance:
(#26329) AN ORDINANCE to amend and reordain certain sections of the
1982-83 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 433.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles and
Mayor Taylor ................................................................ 6.
NAYS: None ............................................................ 0.
(Council member Butler was absent.)
BUDGET-SCHOOLS: Council at its Financial and Planning Session on
Monday, December 20, 1982, having concurred in a request of the Roanoke
City School Board that $1.3 million be appropriated from the fiscal year
1982-83 capital bond issue to fund construction of four school gymnasiums
for the Garden City and Westside Elementary Schools, and the William
Fleming and Patrick Henry High Schools, the Director of Finance presented
a measure for the consideration of Council; whereupon, Mr. Trout offered
the following emergency Ordinance:
(#26330) AN ORDINANCE to amend and reordain certain sections of the
1982-83 Capital Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 433.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles and
Mayor Taylor ............................................................ 6.
NAYS: None ........................................................ O.
(Council member Butler was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: NONE.
OTHER HEARINGS OF CITIZENS: NONE.
AIR POLLUTION: The Mayor advised that the four year term of Mr.
Robert F. Canova as a member of the Advisory and Appeal Board, Air Pollu-
tion Control, will expire on December 31, 1982, and called for nominations
to fill the upcoming vacancy.
411
ACTION:
ACTION:
Mr. Garland placed in nomination the name of Mr. Robert F. Canova.
There being no further nominations, Mr. Canova was reelected as a
m~mher of the Advisory and Appeal Board, Air Pollution Control, for a term
of four years ending December 31, 1986, by the following vote:
FOR MR. CANOVA: Council members Garland, Harvey, Musser, Trout
Bowles and Mayor Taylor ................................................ 6.
(Council member Butler was absent.)
PLANNING: The Mayor advised that the four year terms of Ms. Susan S.
Goode and Messrs. Charles A. Price and Paul C. Buford, Jr., as m~mhers of
the City Planning Commission will expire on December 31, 1982, and called
for nominations to fill the upcoming vacancies.
Mr. Garland placed in nomination the names of Ms. Susan S. Goode, and
Messrs. Charles A. Price and Paul C. Buford, Jr.
There being no further nominations, Ms. Goode and Messrs. Price and
Buford were reelected as members of the City Planning Commission for terms
of four years each ending December 31, 1986, by the following vote:
FOR MS. GOODE AND MESSRS. PRICE AND BUFORD: Council members Garland,
Harvey, Trout, Bowles and Mayor Taylor .................................... 5.
(Council member Butler was absent.) (Council member Musser voted no.)
HEALTH: The Mayor advised that the three year term of Ms. Harrlett
M. McClung as a member of the Mental Health Services Board will expire on
December 31, 1982, and called for nominations to fill the upcoming vacancy.
Mr. Garland placed in nomination the name of Ms. Harriett M. McClung.
There being no further nominations, Ms. McClung was reelected as a
member of the Mental Health Services Board for a term of three years
ending December 31, 1985, by the following vote:
FOR MS. MCCLUNG: Council members Garland, Harvey, Musser, Trout,
Bowles and Mayor Taylor ................................................... 6.
(Council member Butler was absent.)
At 3:55 p.m., the Mayor declared the meeting recessed.
At 4:25 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all members of the Council present, with the
exception of Council member Butler.
SALE/PURCHASE OF PROPERTY-AIRPORT-ECONOMIC DEVELOPMENT COMMISSION:
Council member Trout offered the following emergency Ordinance providing
for the City's acquisition of an option to purchase from Builders Investment
Group the Countryside Golf Course real estate and surrounding land:
(#26331) AN ORDINANCE providing for the City's acquisition of an
option to purchase from Builders Investment Group the Countryside Golf
Course real estate and surrounding land; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 434.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles and
Mayor Taylor ............................................................. 6.
NAYS: None ........................................................ 0.
(Council member Butler was absent.)
412
There being no further business, the Hayor declared the meeting
adjourned at 4:30 p.m,
ATTEST: ~glAJ~
City Clerk
APPROVED
413
REGULAR~EKLY SESSION ....... ROAi~OKE CITY COUNCIL
January 3, 1983
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the Council
Chamber in the Municipal Building, City of Roanoke, on Monday, January 3, 1983, at
2:00 p.m., the regular meeting hour, with Fmyor Noel C. Taylor presiding.
PRESENT: Council members James G. Harvey, II, Howard E. Musser, James O.
Trout, Elizabeth T. Bowles, Wendell H. Butler, Robert A. Garland and Mayor Noel C.
Taylor .......................................................................... 7.
ABSENT: None .......................................................... 0.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. W. Robert Herbert,
Assistant City M~nager; Mr. Wllburn C. Dib!ing, Jr., City Attorney; Mr. William X
Parsons, Assistant City Attorney; Mr. Joel M. Schlanger, Director of Finance; and
Ms. Mary F. Parker, City Clerk.
The invocation was delivered by The Reverend Harold Lewis, Pastor, Villa
Heights Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Taylor.
CONSENT AGENDA:
ACTION:
The Mayor advised that ail matters listed under the Consent Agenda
are considered to be routine by the City Council and will be enacted by
one motion in the forms listed on the Consent Agenda and if discussion is
desired, that item will be removed from the Consent Agenda and considered
separately. He noted that included on the Consent Agenda are two requests
for Executive Sessions of Council to discuss personnel matters relating to
vacancies on various authorities, boards, committees and commissions
appointed by Council; and a matter with regard to potential litigation.
COUNCIL: A comm%unication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, cu~issions and committees appointed by
Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950), as
amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council 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, Musser, Trout, Bowles, Butler, Garland
and Mayor Taylor ......................................................... 7.
NAYS: None ......................................................... 0.
COUNCIL: A report of the City Attorney requesting an Executive
Session to discuss a matter of potential litigation pursuant to Section
2.1-344 (a) (6), Code of Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
414
ACTION:
ACTION:
ACTION:
Mr. Trout m~ved that Council convene in Executive Sessiom to discuss
a matter of potential litigation pursuant to Section 2.1-344 (a) (6), Code
of Virginia (1950), as amended. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowles, Butler, Garland
amd Mayor Taylor ......................................................... 7.
NAYS: None ....................................................... -0.
PENDING ITEMS: A list of items pending from July 10, 1976, through
December 27, 1982, was before Council.
(For full text, see pending list on file in the City Clerk's Office.)
Mr. Trout moved that the pending list be received and filed. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowles, Butler, Garland
and Mayor Taylor .......................................................... 7.
NAYS: None .......................................................... 0.
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
COMPLAINTS-BUILDINGS: Ms. Louisa J. Wilson, 2102 Brookside Lane, S.
E., appeared before Council with regard to the condition of a lot at 2126
Brookside Lane, S. E., advising that lumber from torn down buildings and
other building material is kept on the lot which is an eyesore to the
entire neighborhood, and the property owner is in the process of constructing
a storage shed which is beginning to look like a dwelling house. She
also presented photographs displaying the condition of the lot.
Mr. Thomas F. Brady, Director of Public Works, appeared before Council
and advised that the situation started out as a storage problem approximately
a year ago when the property owner was storing building materials, and the
City informed him that he would have to dispose of the materials or store
them in a utility building; that he then took out a building permit to construct
a utility building; that an active building permit has been kept since that
time; that he has made progress on the utility building, even though the
progress has been very slow; that the City is not pleased with the way the
building has progressed or the way it is being constructed, and the latest
letter from the City put the property owner on notice that the materials and
the beginning of the storage building must be removed by January 7, 1983.
Following discussion of the matter, Mr. Harvey moved that the City
Manager be requested to report to Council at its next regular meeting on
Monday, January 10, 1983, on the status of the lot at 2126 Brookside Lane,
S. E.; and the City Manager and the City Attorney were requested to review
current provisions relating to such matters to determine if more restrictive
provisions should be enacted. The motion was seconded by Mr. Musser and
unanimously adopted.
PETITIONS AND COMMUNICATIONS: None.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NON~.
ITEMS RECOMMENDED FOR ACTION:
415
ACTION:
ACTION:
COURTHOUSE: The City Manager submitted a written report with regard
to certain items required for completion of the new Roanoke City Courthouse,
advising that a report of the Bid C~ittee on the sound reinforcement
system and Change Order No. 18 - Vault Fire Suppression System, were on
Council's agenda for the December 13, 1982, meeting and the Administration
requested that the reports be carried over to a later meeting because
funding previously established for the r~mmining items did not take into
account that numerous items, other than change orders, were being charged
directly to the contingency account; and the need for the vault fire
suppression system became a concern of the Circuit Court Clerk.
Mr. Ewert pointed out that the balance of remaining funds in the
project contingency is $1,768.88; that additional items to be purchased or
services for which payment is due totals approximately $102,425.00; that
net additional funding required is $100,656.12; and transmitting an attach-
ment listing the items and funding calculations.
The City Manager recommended that Council appropriate $100,656.12
from the Undesignated Capital Fund Balance to the Courthouse Account;
authorize the award of the sound reinforcement system as recommended in
the report of the Bid Committee of December 13, 1982; and concur in the
reco~endation of the Circuit Court Clerk and do not authorize the construc-
tion of the fire suppression system for the vault.
(For full text, see report on file in the City Clerk's Office,)
A report of the committee appointed by the Mayor to study the one bid
received from Lee Hartman & Sons, Inc., for the sound reinforcement system
for the Courts facility, recommending that Council accept the bid of Lee
Hartman & Sons, Inc., for the sum of $19,788.00, was also before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#26332) AN ORDINANCE to amend and reordain certain sections of the
1982-83 Capital Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 437.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowles, Butler, Garland
and Mayor Taylor .......................................................... 7.
NAYS: None .......................................................... 0 ·
Mr. Trout offered the following emergency Ordinance:
(#26333) AN ORDINANCE providing for the purchase and installation of
a sound reinforcement system for the Roanoke City Courts Facility and
accepting a certain bid made to the City; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 437.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowles, Butler, Garland
and Mayor Taylor .......................................................... 7.
NAYS: None .......................................................... 0.
416
ACT ION:
ACT ION:
SEWERS AND STORH DRAINS: The City Hanager eubmitted a written report
concurring in a report of the Bid Co~a~ittee recomm~nding that the bid of
Roanoke Belt and Rubber Company, in the amount of $39,358.00, for relining
the storage tanks at the Sewage Treatment Plant be accepted, and that
Council appropriate $47,500.00 from previoue yeare retained earninge to
Sewage Treatment Plant Account No. A03210334005, and that the other bid be
rejected.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#26334) AN ORDINANCE to amend and reordain certain sections of the
1982-83 Sewage Treatment Fund Appropriation Ordinance, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 438.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowles, Butler, Garland
and Mayor Taylor .......................................................... 7.
NAYS: None .......................................................... 0.
Mrs. Bowles offered the following emergency Ordinance:
(#26335) AN ORDINANCE accepting the bid of Roanoke Belt and Rubber
Company for relining storage tanks at the City's Sewage Treatment Plant;
authorizing the proper City officials to execute the requisite contract;
rejecting another bid received for said work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 438.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowles, Butler, Garland
and Mayor Taylor .......................................................... 7.
NAYS: None .......................................................... 0.
MARKET-PARKING GARAGE-CENTURY PROJECT: The City Manager submitted a
written report advising that the contractor for the Market Square Parking
Garage is J. M. Turner and Company, Incorporated; that construction contract
to date, including Change Order No. 5 is $3,225,971.71; that funding is
from the City's UDAG grant and private funds and no local General Fund
dollars are involved in this project; that time of completion for the
project was established by Change Order No. 1; that one year was specified
for completion of Phase I and eighteen months for Phase II; that Phase I
is the structural shell of the Auditorium and Planetarium in conjunction
with Center in the Square and Phase II is the parking garage portion; that
the project was phased to permit the Center in the Square contractor to
come into the Phase I area after it had been structurally completed and to
be able to keep the two portions of the project separated, with all work
to be completed in eighteen months. It was noted that Center in the
Square has also chosen J. M. Turner and Co., Inc., to complete their
construction of the shell.
The City Manager recommended issuance of Change Order No. 6 to the
contract with J. M. Turner and Co., Inc., for a time extension of six
months for Phase I of the project - the entire project to be completed in
the eighteen months originally allotted for Phases I and II.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
ACTION:
ACTION:
Mr. Garland offered the following emergency Ordinance:
(#26336) AN ORDINANCE approving the City Manager's issuance of
Change Order No. 6 to the City's contract with J. M. Turner and Company,
Inc., for Construction of the Market Square Parking Garage; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 439.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowles, Butler, Garland
and Mayor Taylor .......................................................... 7.
NAYS: None .......................................................... O.
DIRECTOR OF REAL ESTATE VALUATION:
DIRECTOR OF REAL ESTATE VALUATION-TAXES: The Director of Real Estate
Valuation presented a written report on the general reassessment of real
property for fiscal year 1983-84.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that the report be received and filed. The motion
was seconded by Mr. Harvey and unanimously adopted.
REPORTS OF COMMITTEES:
POLICE DEPARTMENT-EQUIPMENT: Council at its meeting on Monday,
December 27, 1982, having concurred in a request of Council member Robert A.
Garland, Chairman of the Bid Committee, to withdraw a report from the
agenda dealing with the purchase of 24 new police vehicles in order to
provide an opportunity for all bidders and interested parties to submit
additional data or information relative to said purchase, the committee
submitted a written report advising that on December 30, 1982, the Bid
Committee reconvened in a public meeting and all interested parties were
provided an opportunity to present additional facts, comments or conclusions
regarding the bid in question, and the procedures used by the committee in
the dissemination of the specifications, evaluation of bids, and the
recommendation.
Mr. Garland advised that ail bidders were represented; that additional
information was provided by members of the administrative staff, and
transmitting copy of said information for the review of Council; that the
Bid Committee provided an opportunity to the bidders, members of the
public who were in attendance, and the press to question the Bid Committee
or members of the City staff.
Mr. Garland advised that the committee publicly reconsidered all
related information and concluded by recommending the award of the police
vehicles to Berglund Chevrolet as originally submitted, in the amount of
$268,484.79.
It was also reco~maended that $17,115.21 be transferred from Police
Department Account A01311390010 to Capital Reserve Account A01941090001,
(For full text, see reports and other documentation on file in the City
Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#26337) AN ORDINANCE to amend and reordain certain sections of the
1982-83 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 439.)
ACTION:
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout.
Mr. Robert Kaplan, representing Dominion Dodge, appeared before
Council and advised that the Bid C~,mtttee meeting resulted in the recom-
mendation to purchase Chevrolets, and, based on the EPA estimated fuel
economy and purchase price, the decision to buy Chevrolets is a correct
one. He said there was very good dialogue between the members of the Bid
Com~ittee and the dealers and a very important fact was brought out that
there was some question about the specifications being written in such a
fashion as to make some of the bidders think that they could not bid on
the vehicles because the specifications were drawn up in such a manner
that only the Chevrolet product was an acceptable item.
Mr. Kaplan made the following recommaendattons to Council:
(1) reject all bids and the recommendation of the Bid Committee;
(2) redesign the specifications in a generic fashion such as the
State of Virginia has done for years and such as Valley Metro
did in the most recent vehicle purchase specifications;
(3) state clearly in the specifications the criteria to be used,
pursuant to a formula presented by Mr. George C. Snead, Jr.,
Director of Administration and Public Safety, at the meeting of
the Bid Committee on December 30, 1982; and
(4)allow dealers, who thought they could not meet specifications,
an opportunity to bid.
He advised that as a result of the above recommendations, more companies
will submit bids, resulting in lower bids, which will ultimately save the
City money.
Mr. Musser stated he is not convinced that the process presently used
by the City is condusive to competitive bidding.
Ordinance No. 26337 was adopted by the following vote:
AYES: Council members Harvey, Trout, Bowles, Butler, Garland and
Mayor Taylor .......................................................... 6.
NAYS: Council member Musser ...................................... 1.
Mr. Garland offered the following emergency Ordinance:
(#26338) AN ORDINANCE providing for the purchase of certain vehicular
equipment for use by the City, upon certain terms and conditions, by
accepting certain bids made to the City for furnishing and delivering said
equipment; rejecting certain other bids made to the City; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 440.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Harvey, Trout, Bowles, Butler, Garland and
Mayor Taylor ............................................................ 6.
NAYS: Council member Musser ....................................... 1.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
419
ACTION:
ACTION:
ACTION:
MARKET-CITY PROPERTY-DOWNTOWN ROANOKE: Ordinance No. 26311 authoriz-
ing the lease of the City Harket Building to Downtown Associates, upon
certain terms and conditions, having previously beem before the Council
for its second reading on Monday, December 27, 1982, read and adopted on
its second reading and laid over, was again before the body, Mr. Trout
offering the following for its third reading and final adoption:
(#26311) AN ORDINANCE authorizing the lease of the City Market
Building to Downtown Associates, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 47, page 434.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland and
Mayor Taylor .............................................................. 6.
NAYS: None ...................................................... O.
(Council member Harvey abstained from voting.)
SCHOOLS-CITY PROPERTY-YOUNG MEN'S CHRISTIAN ASSOCIATION: Ordinance
No. 26320 authorizing and directing the proper city officials to enter
into a lease between the City, the School Board of the City of Roanoke and
the Young Men's Christian Association of Roanoke, for use of the Jefferson
High School gymnasium, upon certain terms and conditions, having previously
been before the Council for its first reading on Monday, December 27,
1982, 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:
(#26320) AN ORDINANCE authorizing and directing the proper City
officials to enter into a lease between the City, the School Board of the
City of Roanoke and the Young Men's Christian Association of Roanoke,
Virginia, for use of the Jefferson High School gymnasium, upon certain
terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 47, page 435.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowles, Butler, Garland
and Mayor Taylor .......................................................... 7.
NAYS: None .......................................................... O.
SALE/PURCHASE OF PROPERTY-CITY PROPERTY: Ordinance No. 26321 implement-
ing a plan to dispose of surplus real estate owned by the City, having
previously been before the Council for its first reading on Monday, December
27, 1982, 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:
(#26321) AN ORDINANCE implementing a plan to dispose of surplus real
estate owned by the City.
(For full text of Ordinance, see Ordinance Book No. 47, page 435.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowles, Butler, Garland
and Mayor Taylor .......................................................... 7.
NAYS: None .......................................................... 0.
420
ACTION:
ACTION:
ACTION:
SALE/PURCHASE OF PROPERTY-CITY PROPERTY-EASEMENTS: Ordinance No.
26323 providing for the City's release to Eugene B. Knighton of a deed
restriction as to the northerly portion of original Lot 2, Section 1,
Liberty Land Company Map, under certain terms and conditions, having pre-
viously been before the Council for its first reading on Monday, December 27,
1982, read and adopted on its first reading and laid over, was again
before the body, Mr. Trout offering the following for its second reading
and final adoption:
(#26323) AN ORDINANCE providing for the City's release to Eugene B.
Knighton of a deed restriction as to the northerly portion of original Lot
2, Section 1, Liberty Land Company Map, under certain terms and condi-
tions.
(For full text of Ordinance, see Ordinance Book No. 47, page 436.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowles, Butler, Garland
and }~yor Taylor .......................................................... 7.
NAYS: None .......................................................... 0.
BUDGET-PURCHASE/SALE OF PROPERTY-CITY PROPERTY: Ordinance No. 26325
amending and reordaining certain sections of the 1982-83 Capital Fund
Appropriations by appropriating $1,500.00 to provide funds in connection
with the execution of an option to purchase the Knights of Pythias property
at 310-312 Campbell Avenue, having previously been before the Council for
its first reading on Monday, December 27, 1982, read and adopted on its
first reading and laid over, was again before the body, Mr. Trout offering
the following for its second reading and final adoption:
(#26325) AN ORDINANCE to amend and reordain certain sections of the
1982-83 Capital Fund Appropriations.
(For full text of Ordinance, see Ordinance Book No, 47, page 436.)
Mr. Trout moved the adoption of the Ordinance, The motion was seconded
by Dr. Butler and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland ~nd Mayor Taylor--5.
NAYS: Council members Harvey and Musser ............................... 2.
Ordinance No. 26326 authorizing the execution of an option to pur-
chase the Knights of Pythias property at 310-312 Campbell Avenue, having
previously been before the Council for its first reading on Monday, December
27, 1982, 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:
(#26326) AN ORDINANCE authorizing the execution of an option to
purchase the Knights of Pythias property at 310-312 Campbell Avenue,
Roanoke, Virginia.
(For full text of Ordinance, see Ordinance Book No. 47, page 437.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland and Mayor
Taylor ....................................................................... 5.
NAYS: Council members Harvey and Musser ................................ 2.
421
ACT ION:
ACTION:
ACTION:
PARKS AND PLAYGROUNDS-LEGISLATION: Mr. Trout offered the following
Resolution requesting the 1983 Session of the General Assembly to adopt a
resolution designating the Roanoke Transportation Museum as the official
transportation museum of the Commonwealth of Virginia:
(#26339) A RESOLUTION requesting the 1983 Session of the General
Assembly to adopt a resolution designating the Roanoke Transportation
Museum as the official transportation museum of the Comn~nwealth of
Virginia.
(For full text of Resolution, see Resolution Book No. 47, page 441.)
Mr. Trout moved the adoption of the Resolution. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowles, Butler, Garland
and Mayor Taylor ......................................................... 7.
NAYS: None ....................................................... 0.
PLANNING-INDUSTRIES: Mr. Garland offered the following Resolution
designating Council member Elizabeth T. Bowles and the Chief of Economic
Development and Grants (Mr. Brian J. Wishneff) to serve on the Board of
Western Virginia Development Company:
(#26340) A RESOLUTION designating individuals to serve on the Board
of the Western Virginia Development Company.
(For full text of Resolution, see Resolution Book No. 47, page 441.)
Mr. Garland moved the adoption of the Resolution. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowles, Butler, Garland
and Mayor Taylor ........................................................... 7.
NAYS: None ....................................................... O.
ACTS OF ACKNOWLEDGEMENTDONATIONS-ROANOKE NEIGHBORHOOD PARTNERSHIP:
Mr. Harvey offered the following Resolution expressing appreciation to
Allstate Insurance Company for its donation to the Roanoke Neighborhood
Partnership:
(~26341) A RESOLUTION of appreciation to Allstate Insurance Company
for its donation to the Roanoke Neighborhood Partnership.
(For full text of Resolution, see Resolution Book No. 47, page 442.)
Mr. Harvey moved the adoption of the Resolution. The motionwas
seconded by Mr. M~sser and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowles, Butler, Garland
and Mayor Taylor .......................................................... 7.
NAYS: None ......................................................... 0.
ACTS OF ACKNOWELDGEMENT-CELEBRATIONS: Mr. Musser offered the following
Resolution thanking the Star Quilters Guild for its Centennial gift of a
beautiful and artfully crafted quilt:
(#26342) A RESOLUTION thanking the Star Quilters Guild for its Centennial
gift.
(For full text of Resolution, see Resolution Book No. 47, page 442.)
422
ACTION:
Mr. Hussar moved the adoption of the Resolution. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council m~mbers Harvey, Hussar, Trout, Bowles, Butler, Garland
and Mayor Taylor ......................................................... 7,
NAYS: None~ ..................................................... O.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: NONE.
OTHER HEARINGS OF CITIZENS:
SEWERS AND STOTMDRAINS: Mr. W. F. Murphy, 3614 Crittendon Avenue,
N. W., appeared before Council and spoke against the construction of a
retention pond at Oakland Boulevard and Preston Avenue, N. W., advising
that a holding pond will be a breeding area for mosquitos, and a dumping
ground for debris of all types. He referred to a petition signed by
approximately 429 persons in opposition to the holding pond; however, the
petition was not filed with the City Clerk.
Mr. Richard B. Burrow, City Engineer, appeared before Council and
advised that the preliminary study of the Williamson Road drainage basin
has just been completed; and further advised of a proposed design which
will provide for a positive drainage system for all of the small pond-
ing problems in the Williamson Road area. He said the City is now in the
process of selecting an engineer for the final design of the system to
study certain preliminary alternatives which were suggested that include the
retention ponds. Following completion of the final engineering study, Mr.
Burrow said that City representatives will again meet with residents of the
Williamson Road area, the Williamson Road Action Forum, and others to review
the recommendations.
At 3:15 p.m., the Mayor declared the meeting recessed.
At 3:45 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all members of the Council present.
INDUSTRIES: The Mayor advised that there is a vacancy on the Industrial
Development Authority created by the resignation of Mr. Horace G. Fralin
for a term ending October 20, 1985, and called for nominations to fill the
vacancy.
Mr. Trout placed in nomination the name of Mr. William White, Sr.
There being no further nominations, Mr. White was elected as a Director
of the Industrial Development Authority to fill the unexpired term of Mr.
Horace G. Fralin, resigned, ending October 20, 1985, by the following
vote:
FORM R. WHITE: Council members Harvey, Musser, Trout, Bowles, Butler,
Garland and Mayor Taylor .................................................. 7.
YOUTH: The Mayor advised that there is a vacancy on the Youth Services
Citizen Board created by the resignation of Mr. A. Carter Magee, Jr.,
endingMay 31, 1984, and called for nominations to fill the vacancy.
Mr. Harvey placed in nomination the name of Mr. W. Heywood Fralin.
There being no further nominations, Mr. Fralin was elected as a
member of the Youth Services Citizen Board to fill the unexpired term of
Mr. A. Carter Mcgee, Jr., ending }~y 31, 1984, by the following vote:
FOR MR. FRALIN: Council members Harvey, Musser, Trout, Bowles,
Butler, Garland and Mayor Taylor .......................................... 7.
423
HEALTH DEPARTMENT: The Mayor advised that there is a vacancy on the
Mental Health Services Board created by the resisnation of Mr. Charles L.
Williams, Jr., and requested that Mrs. Bowles recommend a replacement for
Mr. Williams.
There being no further business, the Mayor declared the meeting
adjourned at 3:50 p.m.
ATTEST
City Clerk
APPROVED
424
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
JanuarF 10, 1983
7:30 p,m.
The Council of the City of Roanoke met in regular meeting in the Council
Chamber in the Municipal Building, City of Roanoke, on Monday, January 10, 1983, at
7:30 p.m., the regular meeting hour, with Mayor Noel C. Taylor presiding.
PRESENT: Council members Howard E. Musser, James O. Trout, Wendell H.
Butler, Robert A. Garland, James G. Harvey, II, and Mayor Noel C. Taylor ......... 6.
ABSENT: Council member Elizabeth T. Bowles ............................. 1.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. W. Robert Herbert,
Assistant City Manager; Mr. Wilburn C. Dlbling, Jr., City Attorney; Mr. Joel M.
Schlanger, Director of Finance; and Ms. Mary F. Parker, City Clerk.
The invocation was delivered by The Reverend Steven Greet, Pastor, Hunting-
ton Court United Methodist Church.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Taylor.
LEGISLATION-CHARTER: There being a number of persons in the audience
interested a public hearing scheduled later on the agenda relating to an
amendment and reenactment of Subsection (6) of Section 2, Powers of the City,
to authorize the City to acquire land by condemnation for purposes of
economic development, Council member James O. Trout, Chairman of the
City's Economic Development Commission, advised that for sometime the City
has been working on its economic development program, and part of the
program is the desire to secure additional land for economic location of
plants, with a portion of the program beimg designed around the acquisition
of Countryside Golf Course and with the idea of working out a swapping
arrangement with Blue Hills Golf Course; however, the timing of the City's
legislative program happens to be at the same time the City has been
discussing and meeting with the officials of Blue Hills Golf Course. He
pointed out to the members of the Blue Hills Golf Course that the City's
legislative program has nothing to do with the Blue Hills negotiation,
advising that the City wants to swap the golf course to help benefit the
members of Blue Hills in their recreational activities and to benefit the
City in its program for economic growth. He said even if the City had the
power to condemn the property for economic purposes, in no way would it
consider any condemnation of Blue Hills Golf Course.
Mr. Roby J. Jarrett, 910 5th Street, S. W., appeared before Council
and asked, under present condemnation provisions of the City Charter, if
the City can condemn Blue Hills Golf Course or any other property; and
under the proposed new legislation, he inquired if the City could also
condemn said property; whereupon, Mr. Trout advised that one Council
cannot bind another Council, but he feels certain there will be no problem
in that regard.
The Mayor advised that he permitted this matter to come up out of
order because he did not wish to keep the citizens waiting until Council
proceeded to that particular item on the agenda.
Mr. E. Griffith Dodson, Attorney, representing Valley Land, Incor-
porated, which also has a golf course on several hundred acres of land in
the area, appeared before Council and requested that Council continue the
public hearing because his client was not apprised of the situation until
the early part of the afternoon (January 10, 1983). He said this matter
is too important to go into without the public having a chance to understand
42.$'
ACTION:
ACTION:
what is involved. He noted that the legal advertisement was published in
the evening edition of The Roanoke Times amd World-News om Christmas Eve,
(correction: the advertisement was published in the December 31, 1982,
edition of The Roanoke Times and World-News. See publisher's affidavit on
file in the City Clerk's Office.) which is the equivalent of no notice
from a practical standpoint, although it may measure up from a legal
standpoint, and until the people who are interested in this question have
an opportunity to know when the matter is going to be heard, the Council
should not consider the question.
The City Attorney advised that there was no intent to advertise in a
manner so that it would reach mo less than the full public; that the City
is operating under certain time restraints with regard to the introduction
of Charter amendment bills which must be introduced on or before the first
day of the General Assembly Session which is Wednesday, January 12, 1983,
and the public hearing must be held prior to the introduction of the bill.
He suggested that Council could allow Mr. Dodson another opportunity to
present his concerns, but if the bill is to be introduced at the appropriate
time, it is necessary that the public hearing be conducted at the present
time.
The Mayor advised Mr. Dodson that he may return at a subsequent
meeting to present additional facts and infor~tion pertinent to the
matter.
(For additional remarks of Mr. Dodson, see page 428.)
BID OPENINGS:
SEWERS AND STORM DRAINS: Pursuant to notice of advertisement for
bids on the Brandon Lane storm drain, said proposals to be received by the
City Clerk until 4:30 p.m., on Monday, January 10, 1983, and to be held,
opened and read before the Council at 7:30 p.m., or as soon thereafter as
the matter may be heard on that date, 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:
J. P. Turner & Brothers, Inc.
J & H Grading Co., Inc.
E. C. Pace Co., Inc.
Aaron J. Conner General Contractor, Inc.
S. C. Rossi & Co., Inc.
Mullins and Jones, Inc.
H & S Construction Co.
S. R. Gay & Co., Inc.
$ 66,462.00
69,895.00
72,699.35
74,087.00
76,342.00
83,265.00
84,707.00
97,234.30
Dr. Butler moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Harvey and unanimously adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman, Kit B. Kiser
and Thomas F. Brady as members of the committee.
PUBLIC HEARINGS:
STREETS AND ALLEYS: Council at its regular meeting on Monday,
December 13, 1982, having continued a public hearing until Monday,
January 10, 1983, at 7:30 p.m., or as soon thereafte~ as the matter may
be heard, on the request of Mr. William Lotz that an unopened paper street
between Blocks 7 and 11, Map of Washington Heights, extending from Westside
Boulevard, N. W., in an easterly direction for approximately 160 feet, be
vacated, discontinued and closed, the matter was again before the body.
ACT ION:
ACTION:
In this connection, a communicatio~ from Mr. Edward A. Natt, Attorney,
representing the petitioner, requesting that the street closing petition
be continued until the regular meeting of Council on Monday, February 14,
1983, at 7:30 p.m., advising that he had expected to receive the necessary
plats from the surveyor, but as of January 5, 1983, the information had
not been received, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Hr. Harvey moved that Council concur in the request and that the
public hearing be continued until the regular meeting of Council on Monday,
February 14, 1983, at 7:30 p.m., or as soon thereafter as the matter may
be heard by the Council. The motion was seconded by Mr. Trout and adopted.
TAXES: Council having previously set a public hearing for Monday,
January 10, 1983, at 7:30 p.m., or as soon thereafter as the matter may be
heard, on the request of Friendship Manor Apartment Village Corporation
for a resolution that it be exempt from local taxation as a charitable and
benevolent organization within the context of Section 6 (a)(6) of Article X
of the Constitution of Virginia, the matter was before the body.
Legal notice of the public hearing was published December 31, 1982, in the
evening edition of The Roanoke T/mes and World-News.
(See publisher's affidavit on file in the City Clerk's Office.)
Mr. Harvey referred to a communication from Council member Elizabeth T.
Bowles requesting that a vote not be taken on the matter at this time so
that she may participate in said vote.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harvey moved that Council hold the public hearing as advertised,
and that a special meeting of Council be held to vote on the question at a
time when the entire Council is present. The motion was seconded by Mr.
Trout and adopted, Council member Garland abstained from voting.
Mr. Garland advised that inasmuch as he is employed by Friendship
Manor, the City Attorney has ruled that it will be inappropriate for him
to enter into the discussion and vote on the request, and based on the
City Attorney's legal opinion, be will not participate in the discussion
and he will abstain from voting on the request of Friendship Manor.
The Mayor advised that Council will hold a special meeting on Monday,
January 17, 1983, at 2:00 p.m., in the Council Chamber, to consider any
additional information on the request of Friendship Manor Apartment Village
Corporation; and vote on said request.
Mr. William P. Poff, Attorney, representing Friendship Manor Apartment
Village Corporation, appeared before Council and requested that legislation
be approved for exemption of Friendship Manor Apartment Village property
from taxation. He said there has been a reversal of position in regard to
the status of Friendship Manor Apartment Village, and referred to a letter
from the Commissioner of Revenue dated September 26, 1977, certifying that
the property, both real and personal, qualifies for exemption from the
City's real estate tax and personal property tax, advising that that
position remained in effect until the 1982-83 year when there was a change
in position on the basis that although the Church of the Brethren controls
the Board of Directors of Friendship Manor, it does not actually have
legal title to the property, thus, his client would like to have legislation
introduced before the General Assembly granting such tax exempt status.
Mr. Poff said certain voluminous material was furnished to the City
at the request of the City Manager and the City Attorney which information
is pertinent to the deliberations of Council.
427
Mr. Poff explained that the property of Friendship Hanor Apartment
Village is deserving of tax exemption for a number of reasons, advising
that it would qualify within the context o£ Section 58-12 of the Code of
Virginia at the present time; that hospitals embrace nursing homes and
there are nursing homes which are exempt from taxation under the Code of
Virginia at the present time; that it is a religious organization under
Section 58-12 and Section 58-12.24; and there is no question that Friend-
ship Hanor and its property is used for non-profit, charitable, benevolent
or religious purposes within the meaning of the Constitutional provisions
under which the exemption is being sought. He explained that Friendship
Manor is a non-profit organization and its Board of Directors serve totally
without compensation; that it would be discriminatory against Friendship
Manor, in light of the properties that have been exempted, if Friendship
Manor were not granted the same benefit of tax exemption by the City of
Roanoke. He referred to a number of organizations that have qualified for
the exemption, said qualifications being no more or less than those of his
client.
If the tax is imposed, Mr. Poff said it will be the residents and
occupants of Friendship Manor who ~ust bear the additional cost that would
thus be imposed upon the corporation.
(See written documentation on file in the City Clerk's Office.)
The City Manager advised that it is his intention to make a recommenda-
tion to Council at its special meeting on Monday, January 17, 1983, after
reviewing the documentation above referred to and after conferring with
officials of Friendship Manor Apartment Village and appropriate officials of
the City.
The Commissioner of Revenue appeared before Council and advised that
in 1964, the City Attorney's Office granted real estate tax exemption to
Friendship Manor Church of the Brethren, Inc., on the premise that the
property was owned and a building was going to be built and occupied,
controlled and used by the Church of the Brethren as a home for the aged,
that the City Attorney ruled it should be tax exempt, and said exemption
remained in effect u-~til he received a request from Friendship Manor concern-
ing the Friendship Manor Apartment Village, advising that he discovered pro-
perty records whereby the property was transferred by deed from Friendship
Manor Church of the Brethren, Inc., to Friendship Manor Apartment Village,
Inc., and this is where the question of exemption came into being.
Mr. Howard advised that in order to qualify for real estate tax
exemption under state law and the Constitution of Virginia, three criteria
must be present: (1) the property must be owned exclusively by churches,
religious organizations, hospitals, asylums, Red Cross, orphanages, etc.,
(2) the property must be exclusively occupied by that organization, and
(3) the property must be exclusively used for the exempt purpose that the
state statute specifies. In the case of Friendship Manor Apartment Village,
he explained that one of the above three criteria is missing in that the
Church of the Brethren does not hold title to the property; that Friendship
Manor Apartment Village, though it may be a charitable and benevolent
organization, the home for the aged is not specifically enumerated in
state law, and Commissioners of Revenue of the localities have no authority
to grant tax exemption except by the guidelines and strict interpretation
and language of state law.
Mr. Howard said he has taken the position that he does not have the
authority to continue to say that Friendship Manor Apartment Village is
tax exempt even though it may be a charitable and benevolent organization;
that this is a situation where the exemption must be determined by the
General Assembly who has the authority, under the Constitution, to vote on
specific cases. He said he has taken the position that he would be remiss
in his duties as Commissioner of Revenue if he allowed a situation to
continue that he feels is not applicable because of a change in conditions
from the present time compared to when the original exemption was granted.
428
ACTION:
ACTION:
ACTION:
Mr. Richard W. Crush, 2532 Berkley Avenue, S. W., appeared before
Council and inquired if Council will vote on the matter on Monday, January
17, 1983, at its Financial and Planning Session; whereupon, the Mayor
advised that Council will hold a special meeting on .Monday, January 17,
1983, at 2:00 p.m., to continue the public hearing and to vote on the
request.
No other persons expressing a desire to address the Council with regard
to the matter, the Mayor advised that the public hearing will be continued
until Monday, January 17, 1983, at 2:00 p.m.
LEGISLATION-CHARTER: Council having previously set a public hearing
for Monday, January 10, 1983, at 7:30 p.m., or as soon thereafter as the
matter may be heard, on the question of certain amendments to the Roanoke
Charter of 1952, as amended, as follows:
Amend and reenact subsection (6) of Section 2, Powers of the
City, to authorize the City to acquire land by condemna-
tion for purposes of economic development.
Amend and reenact subsection (4) of Section 62, Zoning, to delete
the requirement that notice of new or amended zoning re-
gulations, restrictions or boundaries be published at
least 15 days prior to the required public hearing and
provide that notice shall be in accordance with provisions
of general law.
the matter was before the body.
Inasmuch as Mr. E. Griffith Dodson, Attorney, representing Valley Land,
Incorporated, requested earlier in the meeting that Council defer action on
the public hearing, the Mayor inquired if it is the desire of Council to pro-
ceed with the public hearing at this time; whereupon, Mr. Trout moved that
Council hold the public hearing at the present time is legally advertised.
The motion was seconded by Dr. Butler and adopted.
Legal notice of the public hearing was published in the Friday,
December 31, 1982, evening edition of The Roanoke Times and World-News.
(See publisher's affidavit on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
(#26343) A RESOLUTION requesting the 1983 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. 47, page 443.)
Mr. Trout moved the adoption of the Resolution.
seconded by Dr. Butler.
The motion was
Mr. Dodson again appeared before Council and stated that the general
law of Virginia at the present time allows the City to acquire lands, through
condemnation proceedings, whenever a public necessity exists, and the
Council is being requested to add something to the City Charter that he
perceives to be considerably broader in scope in that Council is being asked
to allow condemnation for the purpose of economic development. He advised
that if the City gets the right to condemn for the purpose of economic
development, "Pandora's Box" will be opened because there is going to be
one piece of property after another that will appear to be of interest to
the City from an economic development standpoint that Council will be asked
to act upon, and when one thinks in terms of what a Council five to ten
years from now will do, that is of major concern to the citizens of Roanoke,
and the only way to protect the citizens under these circumstances is not
to include such a provision in the Charter of the City of Roanoke. In con-
cluding, Mr. Dodson said that such a provision is not in the best public
interest of the citizens of the City of Roanoke.
429
ACTION:
Upon question from Council, the City Attorney advised of the legal
procedure for condem~atiom proceedings, pointing out that condemmation is
a procedure established by the Code of Virginia, being a lengthy, time
consumimg legal condemnation which involves the filing of a petition, a
hearing by the Circuit Court as to public purpose and necessity, and a
hearing by individuals appointed by the Court to value the property to
insure if the locality has established a public purpose amd necessity
which meets purposes for which condemnation is permitted and to insure
that the landowner is reimbursed according to the fair market value. He
said the bill which is proposed to be presented to the General Assembly
has been drawn up narrowly and is not a broad authorization or power of
condemnation, and advised of certain areas of limitation on a power of
condemnation.
Mr. Richard W. Crush, 2532 Berkley Avenue, S. W., appeared before
Council and inquired if any condemnation proceedings are tied into
acquisition of Countryside Golf Course, Blue Hills Golf Course, and Old
Monterey Golf Course; whereupon, the Mayor advised that the City has not
engaged in any condemnation proceedings on any property relating to
industrial development; and that Mr. Trout said earlier in the meeting
that discussions have been held with representatives of Countryside Golf
Course and that dialogue may continue in the future.
Mo other persons wishing to address Council with regard to the matter,
Resolution No. 26343 was then adopted by the following vote:
AYES: Council members Musser, Trout, Butler, Garland, Harvey, and Mayor
Taylor ...................................................................... 6.
NAYS: None ............................................................ 0.
(Council member Bowles was absent.)
At 9:15 p.m., the Mayor declared the meeting recessed.
At 9:30 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all members of the Council present, with the
exception of Council member Bowles.
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the City Council and will be enacted by
one motion in the forms listed on the Consent Agenda, and if discussion is
desired, that item will be removed from the Consent Agenda and considered
separately. He advised that he had previously placed a request on the
Consent Agenda for an Executive Session to discuss a personnel matter
relating to vacancies on various authorities, boards, co~issions and
committees appointed by Council; however, he would like to withdraw the
request.
MINUTES: Minutes of the special meetings of Council held on Monday,
December 20, 1982, and Wednesday, December 22, 1982, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Trout moved that the reading of the minutes be dispensed with and
that the minutes be approved as recorded. The motion was seconded by Mr.
Harvey and adopted by the following vote:
AYES: Council members Musser, Trout, Butler, Garland, Harvey and
Mayor Taylor ............................................................. 6.
NAYS: None ......................................................... 0.
(Council member Bowles was absent.)
30
ACTION:
ACTION:
ACTION:
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
SEWERS AND STORM DRAINS: Mr. Gary J. Foutz having previously sub-
mitted a request to address Council with regard to the 71% sewage rate,
the Mayor advised that Mr. Foutz is ill and has requested that the item be
withdrawn from the agenda; whereupon, Mr. Garland moved that the matter be
deferred pending further notification from Mr. Foutz. The motion was
seconded by Mr. Musser and adopted.
PETITIONS AND COMI~3NICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
HOUSING: The City Manager submitted a written report advising that
jobs have been established as a result of the Kimball Redevelopment Project,
that 1,510 persons are presently employed by businesses located in the
Kimball project area; that 287 additional positions are anticipated by
these businesses in the future; amd this information illustrates that the
public sector can foster and enhance local employment opportunities through
site acquisition and preparation with public funds.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that the report be received and filed. The motion
was seconded by Mr. Harvey and adopted.
HOUSING: The City Manager submitted a written report advising that
Council authorized the contract between the City of Roanoke and the City
of Roanoke Redevelopment and Housing Authority to implement certain projects
in the 1982-83 Community Development Block Grant Program on July 12, 1983,
pursuant to Ordinance No. 26130; that review of existing and necessary
documents required to facilitate implementation of the Gainsboro Project
has revealed the need to modify the present City-RRMA contract as to
clarification of scope of services to be provided by RRHA in Gainsboro,
and reprogra~ning all net program income derived from the Gainsboro Pro-
jects back into the Gainsboro Project account. Mr. Ewert transmitted
the proposed amendment to the City-RRHA contract and advised that the
Housing Authority Commissioners are to vote on the proposed contract
amendment at their January 10, 1983 meeting.
The City Manager recommended that he be authorized to execute Amend-
ment No. 1 to Contract for Services Under 1982-83 C.D.B.G. Program with
the Roanoke Redevelopment and Housing Authority.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler offered the following emergency Ordinance:
(#26344) AN ORDINANCE authorizing an Amendment to the Contract for
Services dated July 14, 1982, betweem the City and the City of Roanoke
Redevelopment and Housing Authority; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 451.)
Dr. Butler moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Musser, Trout, Butler, Garland, Harvey and
Mayor Taylor ........................................................... 6.
NAYS: None ....................................................... O.
(Council member Bowles was absent.)
431
ACTION:
ACTION:
COMPLAINTS: Mr. Thomas F. Brady, Director of Public Works, appeared
before Council and presented a status report on a complaint of Ms. Louisa J.
Wilson concerning property located at 2126 Brookside Lane, S. E., advising
that the City has been in constant contact with the property owner at 2126
Brookside Lane during the past week, that the property has been cleared of
the excess building materials and the partially constructed storage building
will be torn down.
Mr. Harvey moved that the oral report be received and filed. The motion
was seconded by Mr. Musser and adopted.
ITEMS RECOMMENDED FOR ACTION:
TRAFFIC-TAXES: The City Manager submitted a written report advising
that Section 20-32 (b) of the City Code designates the contents of the
motor vehicle decal; and Council has authorized changes in the motor
vehicle decal ordinance in 1979, 1980 and 1981.
Mr. Ewert further advised that the 1983 City decal must be ordered by
the Commissioner of Revenue; and the decal ordinance must again be amended
to incorporate necessary modifications in the 1983 decal.
The City Manager recommended that Council adopt a City Code amendment
to authorize him, in coordination with the Commissioner of Revenue, to
designate the size, shape and design of the motor vehicle decal.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#26345) AN ORDINANCE to amend and reordain subsection (b) of Section
20-32, Plate~ ta8 or decal - issuance; contents and color of decals, of the
Code of the City of Roanoke (1979), as amended, to provide that the size,
shape, color and design of the motor vehicle decal shall be determined by
the City Manager in coordination with the Commissioner of Revenue; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 451.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Musser, Trout, Butler, Garland, Harvey and
Mayor Taylor ................................................................ 6.
NAYS: None ............................................................ O.
(Council member Bowles was absent.)
EASEMENTS-SEWERS AND STORM DRAINS: The City Manager submitted a
written report advising that Billy Hooker Harbour dedicated the original
easement to serve the Golden Key Shopping Center location in 1980 and
dedication of this original easement was based on estimated Ore Branch
Sewer elevations to exist after Ore Branch construction was completed in
future years; that the sanitary sewer service to the area was temporarily
routed with a private sewer line to the then existing Franklin Road sanitary
sewer when the shopping center was built pending the completion of the
middle section of Ore Banch sewer in future years; that the middle section
of Ore Branch sewer was completed in 1982 and the availability of this new
sewer interceptor and the fact that the Franklin Road sewer is at or above
capacity necessitates the redirection of the sewerage to the Ore Branch
line; that actual construction of the middle section of the Ore Branch
Sewer produced actual field grates which allow a much shorter section of
sewer line to be constructed and the new sewer line within the new easement
will be much less in length, less costly, and easier to maintain by the
City in the future; that the City Engineering Department has requested the
432
ACTION:
owner, Mr. Harbour, to build a new shorter sewer line from a point behind
the northerly end of the shopping canter to the Ore Branch line and the
new easement which is 121.09 feet in length, 15.0 feet wide, required for
this sewer line has been dedicated to the City; and the abandoned section
of the original easement, 279.43 feet in length, 15.0 feet wide, should be
vacated by the City as it is anticipated that this portion of the original
easement will never be needed for sewer purposes.
The City Manager recommended that Council authorize the vacation of
the abandoned section of sanitary sewer easement which is 279.43 feet in
length, 15.0 feet wide on the property of Billy Hooker Harbour (Golden Key
Shopping Center).
(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:
(#26346) AN ORDINANCE authorizing the vacation of a portion of a
sanitary sewer easement through property owned by Billy Hooker Harbour
on the east side of the Southwest Expressway, Roanoke, Virginia.
The motion was seconded by Mr. Garland and adopted by the following
vote:
AYES: Council members Musser, Trout, Butler, Garland, Harvey and
Mayor Taylor ........................................................... 6.
NAYS: None ....................................................... 0.
(Council member Bowles was absent.)
STREETS AND ALLEYS-CIVIC CENTER: The City Manager submitted a written
report advising that the City has purchased all of the private property on
Third Street, N. E., and Harrison Avenue, N. E., on the Civic Canter site;
that additional parking spaces are continually needed at the Civic Canter
and the land area included in the private property the City has acquired
and within the right-of-way of the street will provide approxtmmtely 100
new parking spaces; that the City Administration desires that the streets
be closed so the property can be leveled and paved for parking, and, in
addition, the street closing will permit the Civic Center to erect gates
at the entrance to the parking lot to improve control of vehicular access.
The City Manager recom~nded that Council authorize the City Adminis-
tration to take the necessary measures to institute proceedings to close
Third Street, N. E., approximately 420 feet in length, 50 feet wide, from
Williamson Road, N. E., to its northerly terminus near the Civic Center
Auditorium, and close Harrison Avenue, N. E., approximately 130 feet in
length, 50 feet wide, from Third Street, N. E., to its westerly terminus
adjacent to the right of way line of 1-581, with all necessary existing
public utility, storm drain and sanitary sewer easements to be retained.
It was further recommended that the Administration be authorized to
execute an Indenture with Appalachian Power Company dedicating the new
public utility easements, from the northerly right of way line of Williamson
Road, N. E., to the southerly right of way line of Harrison Avenue, N. E.,
adjacent and parallel to the easterly right of way line of 1-581, approxi-
mately 210 feet in length, 15 feet wide; and a new public utility easement
from the easterly right of way line of Third Street, N. E., parallel and
adjacent to the northerly right of way line of Williamaon Road, N. E.,
approximately 63 feet in length, 15 feet wide, and a guy anchor easement
approximately 50 feet in length, 5 feet wide from the easterly right of
way line of 1-581 in an easterly direction centered on the present utility
strip on the south side of Harrison Avenue, N. E., said easements for use
by Appalachian Power Company to permit them to remove their existing lines
from the Civic Canter parking lot.
(For full text, see report on file in the City Clerk's Office.)
433
ACT ION:
ACTION:
ACTION:
Mr. Garlaml moved that the question of vacating, discontinuing and
closing the streets be referred to the City Plamming Commission for study,
report and recomme~datiom to Council. The motio~ was seconded by Hr.
Trot and adopted.
DIRECTOR OF FINANCE:
BUDGET-COURTHOUSE: The Director of Finance submitted a w~ittem
report advising that on December 27, 1982, Coumcil adopted Ordinance No.
26324 appropriating $11,000,000 of General Obligation Public Improvement
Bonds, Series 1982, and final settlement of the bond proceeds occurred on
December 30, 1982; referring to a report from the City Manager under date
of December 27, 1982, recommending the award of the architectural and
engineering design contract for the existing courthouse at which time
Council adopted Ordinance No. 26312 awarding the contract to Frantz and
Chappelear.
Mr. Schlanger transmitted an Ordinance appropriating the contract
amount of $165,750.00 from the libraries, fire stations, and other public
buildings category of bond funds as rec(~mnended in the December 27, 1982,
report to Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency Ordinance:
(#26347) AN ORDINANCE to amend and reordain certain sections of the
1982-83 Capital Projects Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 452.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Musser, Trout, Butler, Garland, Harvey and
Mayor Taylor .......................................................... 6.
NAYS: None ........................................................ O.
(Council member Bowles was absent.)
BUDGET-GRANTS-YOUTH: The Director of Finance submitted a written
report in connection with the close-out of Youth Services Grant 81-I-2,
advising that a total appropriation for this grant was $33,426.00, actual
funding received was $33,426.00 and total expenditures were $30,846.76;
that of funds received, $1,993.73 must be returned to the State and $581.51
refunded to the General Fund.
Mr. Schlanger pointed out that the Youth Services Grant has provided
the coordinated planning and program implementation of local youth-serving
programs; that the Office on Youth and the Youth Services Citizen Board
have developed relationships with other youth-serving programs and agencies
and coordination and cooperation between these agencies and groups benefits
the youth of Roanoke with improved activities and progrmm~. He advised
that Part I of the Comprehensive Delinquency Prevention and Youth Development
Plan which encompasses youth employment has been completed.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#26348) AN ORDINANCE to amend and reordain certain sections of the
1982-83 Grant Fund Appropriations and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 452.)
434
N.~. Trout moved the adoption of the Ordinance. The motion was seconded
by Hr. Harvey and adopted by the following vote:
AYES: Council members Musser, Trout, Butler, Garland, Marvey and
Mayor Taylor ........................................................... 6.
NAYS: None ....................................................... 0.
(Council member Bowles was absent.)
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
FLAGS: Vice-Mayor Musser raised a question about the storage of
flags, advising that they are presently stored at Victory Stadium and
inquired as to the possibility of storing them in the old courthouse build-
lng or some other location which is more convenient than Victory Stadium.
Mr. Thomas F. Brady, Director of Public Works, advised that there is
a possibility of providing storage space in the new courthouse or the old
courthouse, and the ~tter will be further pursued.
OTHER HEARINGS OF CITIZENS: NONE.
There being no further business, the Mayor declared the meeting
adjou~ed at 9:45 p.m.
ATTEST
City Clerk
APPROVED
Mayor
435
SPECIAL SESSION ..... ROANOKE CITY COUNCIL
January 17, 1983
2:00 p.m.
The Council of the City of Roanoke met in special session in the Council
Chamber in the Municipal Building, City of Roanoke, on Monday, January 17, 1983, at
2:00 p.m., with Mayor Noel C. Taylor presiding.
PRESENT: Council members James O. Trout, Elizabeth T. Bowles, Wendell H,
Butler, Robert A. Garland, James G. Harvey, II, Howard E. Musser and Mayor Noel C.
Taylor ............................................................................ 7.
ABSENT: None ................... -- .................................... 0.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. W. Robert Herbert,
Assistant City Manager; Mr. Joel M. Schlanger, Director of Finance; Mr. Wilburn C.
Dibling, Jr., City Attorney; and Ms. Mary F. Parker, City Clerk.
The invocation was delivered by Mayor Noel C. Taylor.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Taylor.
The Mayor requested that the City Clerk read the following letter
calling the special meeting of Council:
"January 14, 1983
Honorable Members of Roanoke
City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
Pursuant to Section 10 of the Roanoke City Charter, I am calling
a special meeting of Council on Monday, January 17, 1983, at
2:00 p.m., in the City Council Chamber, for the purpose of discus-
sing and voting on the request of Friendship Manor Apartment
Village Corporation for a resolution that it be exempt from local
taxation as a charitable and benevolent organization within the
context of Section 6 (a)(6) of Article X of the Constitution of
Virginia.
Sincerely,
S/ Noel C. Taylor
Noel C. Taylor,
Mayor
NCT:sk
cc:
Mr. H. B. Ewert, City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Joel M. Schlanger, Director of Finance
Mr. James L. C. McKenzie, Director of Real Estate Valuation
Mr. William L. Brogan, Municipal Auditor"
The Assistant City Manager advised that Friendship Manor Apartment
Village Corporation appeared before Council on December 27, 1982, request-
lng a supporting resolution from Council on tax exemption of Friendship
436
Hanor Apartment Village Corporation; that a public hearing was held by
Council on Honday, January 10, 1983, and the City Manaier, the City
Attorney, av~ the Director of Finance were requested to submit a reco~-
mendation on the request. He further advised that since the public
hearing on January 10, a number of meetings have been held ~rith representa-
tives of Friendship Manor to review the documentation submitted by the~.
Hr. Herbert explained that the recommendation of the City Administration
is included in a proposed resolution which will be reviewed by the City
Attorney.
The City Attorney explained the Constitutional scheme ~ith respect to
exemption of various types of properties from local taxation, advising
that Article 10, Section 6, of the Constitution of Virginia automatically
exempts certain types of property such as property of the Commonwealth and
political subdivisions, property owned and exclusively occupied or used by
churches or religious bodies for worship, non-profit cemeteries, property
of public libraries and non-profit institutions of learning, certain
intangible personal property that is exempted by general law, and land
subject to perpetual eas~nents for flooding; further advising that another
category of property is those that can be exempted, but only with a three-
fourths vote by each House of the General Assembly, which is property used
for religious, charitable, patriotic, historical, benevolent, cultural or
public parking and playground uses. He said the General Assembly has
adopted some 200 tax exemptions pursuant to this Code section, and it is
required by the Code of Virginia that whenever any such organization seeks
a tax exemption from the General Assembly, it must first come before the
local governing body, and only after the local governing body has considered
a resolution and either adopted it or rejected it can the matter then be
considered by the General Assombly. Mr. Dibling said if the Council
should vote in favor of the resolution, it will go to the General Assembly,
and if the Council votes against the resolution, it will still go to the
General Assembly, however, if Council votes against the resolution, that
will be a signal for the City Attorney to advocate a position against the
request of Friendship Manor Apartment Village.
At this point, Mr. Dibling reviewed the contents of the proposed
resolution.
Dr. Lawzence Rice, Administrator of Friendship Manor, appeared before
Council and advised that Friendship Manor does not wish to shirk its
responsities in any form, and it is for this reason that they are willing
to set the pace of what could happen within the Valley for tax exempt
properties, noting that a year ago, the Executive Committee of Friendship
Manor agreed that it would pay a service fee, both to the City and to the
County, for those services which the City and County render. He urged
that Council adopt the resolution, stating that the resolution is a conces-
sion on the part of Friendship Manor due to the fact that it wants to h~lp
the City and the elderly people of the Valley, and a concession on the
part of the City due to the fact that it wants to help the elderly of
the Valley through the provision of this resolution.
Mr. Harvey advised that he has no problem with Friendship Manor
Nursing Home care being exempt from local taxation, but no one has convinced
him that Friendship Manor is not in the real estate business; that no one
has proven to him that Friendship Manor cannot purchase a home from an
individual, trade the value of that home on a life-long lease on an apart-
ment, thereby making that home pay real estate taxes directly tied to the
apartment which is being leased out. He said there is an individual who
owns one or more of these apartment units who is receiving an income from
them, and it is not clear to him that Friendship Manor Apartment Village
is a truly non-profit venture in this instance. He said Council has been
very fair in granting tax exemptions or freezes to its elderly citizens,
but the problem is that when Council branches out into areas such as that
being requested by Friendship Manor, someone else has to pick up the fair
share of the tab, and if Council continues to exempt property that is
questionable, someone else has to pick up the slack, and he is a firm
believer that everyone should pull his own weight.
437
Dr. Rice advised that the apartments are an integral part of Friend-
ship Manor, and there are people who live in the apartmente who receive
nursing home care who cannot live in their own homee. He said a large
number of these people would have to go to nursing homes or homes for
adults if they were not in the apartments where they receive various care
services such as nursing, maid service, meals, and care of all kinds,
stating that there is not another complex in Virginia which furnishes more
on a non-profit, charitable basis than does Friendship Manor and that is
the issue. He explained that the apartments are a part of the total
complex and should be thus benevolent and charitable end fall under that
provision of the State Code where they are non-taxable on real estate.
Mr. Musser expressed concurrence in the sentiments expressed by Mr.
Harvey.
The Mayor advised that Council member Garland had not participated in
the discussion nor would he vote on the request of Friendship Manor Apart-
ment Village Corporation inasmuch as he is an employee of Friendship Manor.
ACTION:
Mr. Trout offered the following Resolution:
(#26349) A RESOLUTION supporting tax exemption of property owned by
Friendship Manor Apartment Village Corporation, which is part of the
Friendship Manor complex and used for retirement residences and supporting
services and which is further used by it exclusively for charitable and
benevolent purposes on a non-profit basis, and memorializing a certain
agreement between Friendship Manor Apartment Village Corporation and this
City.
(For full text of Resolution, see Resolution Book No. 47, page 453.)
Mr. Trout moved the adoption of the Resolution. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, and Mayor Taylor ...... 4.
NAYS: Council members Harvey and Musser ............................ 2.
(Council member Garland abstained from voting because he is an employee of
Friendship Manor.)
There being no further business, the Mayor declared the special
meeting adjourned at 3:00 p.m.
ATTEST:
City Clerk
APPROVED
Mayor
38
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
Januar~ 24, 1983
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the Council
Chamber in the Municipal Building, City of Roanoke, on Monday, January 24, 1983, at
2:00 p.m., the regular meeting hour, with Mayor Noel C. Taylor presiding.
PRESENT: Council members Elizabeth T. Bowles, Wendell H. Butler, Robert
A. Garland, James G. Harvey, II, Howard E. Musser, James O. Trout and Mayor Noel C.
Taylor .......................................................................... 7.
ABSENT: None ......................................................... O,
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. W. Robert Herbert,
Assistant City Manager; Mr. Wilburn C. Dibling, Jr., City Attorney; Mr. Joel M.
Schlanger, Director of Finance; and Ms. Mary F. Parker, City Clerk.
The invocation was delivered by The Reverend Albert Peverall, Pastor,
Tabernacle Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Taylor.
ACTS OF ACKNOWLEDGEMENT-CITIZEN OF THE YEAR: The Mayor having recom~ended
in his 1980 State of the City Message that Council establish an "Award for Distinguished
Public Service", which will be given by City Council not more than once each year,
the matter was again before the body.
The Mayor advised that a committee composed of Mr. Charles R. Minter,
Chairman, Mr. Eldridge W. Chambers, Mrs. Mildred R. Prater, Mrs. Anne P. Glenn, the
City's Public Information Officer (Mrs. Laddie Fisher), and the City Clerk (Ms. Mary
F. Parker) was appointed to screen nominatons and submit recomanendations to Council.
On behalf of the members of Council, the Mayor further advised that the
City is proud to announce that Miss Dorothy L. Gibboney has been selected as the
1982 Citizen of the Year in recognition of past and present service to the total
community.
The Mayor unveiled a plaque that will be properly displayed on the second
floor of the Municipal Building, which will include a photograph of Miss Gibboney,
along with the inscription "Dorothy L. Gibboney - 1982 Citizen of the Year".
In recognition of the honor bestowed upon Miss Gibboney, the Mayor presented
her with a framed "Key to the City" and a City of Roanoke Stick Pin with the inscription,
"Roanoke - Star City of the South".
PUBLIC HEARINGS:
PLANNING-GRANTS-ECONOMIC DEVELOPMENT COMMISSION: Council at its
Financial and Planning Session on Monday, January 17, 1983, having set
a public hearing for Monday, January 24, 1983, at 2:00 p.m., or as
soon thereafter as the matter may be heard, on the submittal of Urban
Development Action Grants for a proposed project, the matter was before
the body.
Notice of the public hearing was published in the January 14, 16 and
23, 1983, editions of The Roanoke Times and World-News.
(See publisher's affidavit on file in the City Clerk's Office.)
439
ACTION:
ACTION:
Hr. Brian Wishneff, Chief of Economic Development and Grants, pre-
sented a written report of the City Manager advising that Cooper Mining
and Construction, division of Cooper Industries, has agreed to consolidate
its international holdings into a single manufacturing plant at the Roanoke
Centre for Industry and Technology, subject to approval of a $2.6 million
U.D.A.G. grant; that U.D.A.G. funds are of extreme importance to Roanoke
because U.D.A.G. funds will pay for land, on-site and off-site improve-
ments in the Centre for Industry and Technology and U.D.A.G. funds will
allow Cooper Industry to use tax exempt revenue bond financing in the
Roanoke project; that economic benefits to Roanoke brought by this project
are 631 jobs, 75 of which will be transferred in or maintained, approximate-
ly $300,000 a year in direct local taxes, $10 to $12 million annual payroll,
$14 million capital investment, and prestige of having an international
division headquarters in Roanoke; that U.D.A.G. funds are being requested
as follows: $400,000 for land, $997,000 for on-site improvements, $1,216,404
for off-site improvement, for a total of $2,613,404 in U.D.A.G. funds
being requested.
The City Manager recommended that Council authorize him to submit a
U.D.A.G. application in the January-March 1983 round of U.D.A.G. funds for
both land, on-site and off-site improvements in the Roanoke Centre for
Industry and Technology to allow Roanoke to be competitive in bringing
Cooper Mining and Construction into the City of Roanoke.
(For full text, see report on file in the City Clerk's Office.)
No persons wishing to address Council with regard to the matter, Mr.
Trout offered the following Resolution:
(#26350) A RESOLUTION authorizing the City Manager or Assistant City
Manager to make application to the United States Department of Housing and
Urban Development for an Urban Development Action Grant in connection with
the proposed development of a manufacturing plant in the Roanoke Centre
for Industry and Technology by Cooper Mining and Construction.
(For full text of Resolution, see Resolution Book No. 47, page 454.)
Mr. Trout moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout
and Mayor Taylor ...................................................... 7.
NAYS: None .......................................................... O.
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the City Council and will be enacted by
one motion in the forms listed on the Consent Agenda, and if discussion is
desired, that item will be removed from the Consent Agenda and considered
separately. He noted that he had requested an Executive Session to discuss
a personnel matter relating to vacancies on various, authorities, boards,
commissions and committees appointed by Council; that the City Manager had
requested an Executive Session to discuss a personnel matter; and the
Director of Finance had requested an Executive Session to discuss a personnel
matter; whereupon, the City Manager asked that his request for an Executive
Session to discuss a personnel matter be withdrawn from the Consent Agenda.
MINUTES: Minutes of the regular meetings of Council held on Monday,
December 27, 1982, and Monday, January 3, 1983, 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
Dr. Butler and adopted by the following vote:
440
ACTION:
ACTION:
ACTION:
ACTION:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout
and Mayor Taylor ........................................................... 7.
NAYS: None ........................................................... 0.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950), as
emended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mrs. Bowies moved that Council convene in Executive Session to discuss
a personnel matter pursuant to Section 2.1-344 (a) (1), Code of Virginia
(1950), as amended. The motion was seconded by Dr. Butler and adopted by
the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout
and Mayor Taylor .......................................................... 7.
NAYS: None ......................................................... O.
COUNCIL: A report of the Director of Finance requesting an Executive
Session to discuss a personnel matter pursuant to Section 2.1-344 (a) (1),
Code of Virginia (1950), as amended, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that Council convene in Executive Session to discuss
a personnel matter pursuant to Section 2.1-344 (a) (1), Code of Virginia
(1950), as amended. The motion was seconded by Dr. Butler and adopted by
the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout
and Mayor Taylor ...................... ~ .................................... 7.
NAYS: None ........................................................... O.
YOUTH SERVICES CITIZEN BOARD: The qualification of Mr. W. Heywood
Fralin as a member of the Youth Services Citizen Board to fill the unexpired
term of Mr. A. Carter Magee, Jr., resigned, ending May 31, 1984, was
before Council.
(See Oath 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 Dr. Butler and adopted by the following
vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout
and Mayor Taylor ........... , ........................................... 7.
NAYS: None ............................................................ 0.
PLANNING: The qualification of (Mrs.) Susan S. Goode as a member of
the City Planning Commission for a term of four years ending December 31,
1986, was before Council.
(See Oath 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 Dr. Butler and adopted by the following
vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout
and Mayor Taylor ........................................................... 7.
NAYS: None ............................................................ O.
ACTION:
ACTION:
AIR POLLUTION: The qualification of Mr. Robert F. Canova as a
me~ber of the Advisory and Appeal Board, Air Pollutiom Control, for a term
of four years ending December 31, 1986, was before Council.
(See Oath 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 Dr. Butler and adopted by the following
vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout
and Mayor Taylor .......................................................... 7.
NAYS: None .......................................................... O.
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
ROANOKE CIVIC CENTER-UP WITH PEOPLE-MISCELLANEOUS: Miss Maura Ryan,
Promotions Department, "Up With People", appeared before Council and
advised that "Up With People" is a non-profit, independent, international
educational program incorporated in 1968 to build bridges of understanding
and communication among people, cultures and countries; that their musical
performances have been presented at Super Bowl half-times, with the Boston
Pops, at the 1982 World's Fair and throughout the world; that "Up With
People" involve themselves as much as possible in the community they are
visiting which often include visits to area schools, hospitals and institu-
tions; and within each City where a cast performs, students stay with host
families who extend hospitality throughout the length of their stay. Miss
Ryan requested that the Mayor officially declare the period January 30 -
February 5, 1983, as "Up With People Week" in the City of Roanoke; whereupon,
the Mayor concurred in the request.
PETITIONS AND COMMUNICATIONS:
PENSIONS: A communication from the Mayor advising that Council has
received the final report of the Mayor's Advisory Committee to Study the
Employees' Retirement System; that currently Council has before it the
views of two groups -- that of the William Mercer Company who made the
first study of the system, and the Mercer study was passed on to the
Mayor's Advisory Committee. The Mayor stated that it is now imperative
for Council to hear the views of the public and suggested that a public
hearing be held for this purpose.
Mayor Taylor recommended that the structure of the public hearing be
divided into six subjects and that each person desirir~g to speak specify a
subject matter, and that Council set a specified time limit on each speaker,
with the following six subject areas:
1. Integration with Social Security
2. Automatic cost-of-living adjustments for retirees
3. Normal Retirement Age
4. Disability Retirement
5. Police and Fire personnel special concerns -
age and years of service to retire, etc.
6. Miscellaneous
The Mayor further recomanended that after the public hearing is held, the Mercer
study, the Mayor's Advisory Committee, and the public input should be
referred to the City Administration for report back to Council within 30 -
45 days so that recommendations can be studied and acted upon during Council's
budget study.
(For full text, see communication on file in the City Clerk's Office.)
442
ACTION:
ACTION:
ACTION:
Mr. Musser moved that Council concur in the Mayor~s recom~ndation.
The motion was seconded by Mr. Harvey and unanimously adopted.
The Mayor advised that a public hearing will be held on Wednesday,
February 9, 1983, at 7:00 p.m., in the Roanoke Civic Center Exhibit Hall.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECO~i4ENDED FOR ACTION:
CITY EMPLOYEES-FIRE DEPARTMENT-POLICE DEPARTMENT: The City Manager
submitted a written report advising that Council by Resolution No. 4748
established policy for payment of regular salaries, in lieu of other
compensation paid by the City, to employees of the Police and Fire Departments
absent from duty due to line of duty injuries, not to exceed 60 days,
provided, however, City Council may consider paying the employee injured
in the line of duty for additional time absent from their regular duty,
but in no event will payment be made until authorized by Council; that on
November 1, 1982, M. A. Rayl, a Police Officer, was seriously injured in
a line of duty vehicle accident on Williamson Road and Liberty Road, N. W.;
and on June 8, 1982, J. E. Saunders a Fire Lieutenant, was injured in line
of duty while operating a tiller of No. 1 ladder truck at Reserve Avenue
and Franklin Road, S. W.; and makeup salary referred to in the report is
defined as the difference between an employee's base pay (regular salary)
and the amount paid under Workmen's Compensation.
Mr. Ewert advised that Officer Rayl was hospitalized following the
accident and remains absent from duty due to injuries received and his
physician advised on January 3, 1983, that he may not return to light duty
in less than 30 days; that make-up salary has been paid to Officer Rayl
for 60 days ending January 1, 1983; and Council authorization is required
for make-up salary payment to Mr. Rayl during his continued absence from
duty due to line of duty injuries.
Mr. Ewert further advised that Fire Lieutenant Saunders was hospita-
lized following the accident and r~m-ins absent from duty due to injuries
received; that his return to duty is pending medical determination at this
time; that make-up salary was paid to Fire Lieutenant Saunders through
August 22, 1982; and Council authorization is required for make-up salary
payment to Mr. Saunders during his continued absence from duty due to line
of duty injuries.
The City Manager recor, m-nded that Council authorize continued makeup
salary to Police Officer M. A. Rayl and Fire Lieutenant J. E. Saunders for
a period not exceeding sixty days from the date of this report.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following Resolution:
(#26351) A RESOLUTION extending the pay benefits provided for by
Resolution No. 4748 for certain emergency service employees.
(For full text of Resolution, see Resolution Book No. 47, page 454.)
Mr. Harvey moved the adoption of the Resolution. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout
and Mayor Taylor ........................................................... 7.
NAYS: None ......................................................... 0.
443
ACTION:
SPECIAL PERMITS-STREETS ~ ALLEYS: The City Manager submitted-a
%rritten report, advis/ng that the City annexed 1436 Syracuse Avenue, N. W.,
including the 1400 block of Syracuse Avenue in 1926; that improvements
made to property (Lot 1, Block 23, Rugby Land Company) in 1925 included
home and garage; that encroachment is 0.80 feet into the alley at the
southeast corner of the garage two feet from the southwest corner of Lot
1, and extending 21.11 feet to a nominal or zero encroachment at the
southeast corner of the garage; that the alley is open and used, however,
the encroachment of the garage into the right of way presents no problem
to City vehicles or other vehicles using the alley and this situation has
existed for 48 years with no problems; that the property owner, Mrs. Mabel
L. Stoke, wishes to clear the title to the property in order to sell it;
and the proper procedure in this instance is to authorize the execution of
a "Permit to Encroach on a Public Alley" pursuant to Section 15.1-376,
Code of Virginia.
The City Manager recommended that Council authorize the execution of
a "Permit to Encroach on a Public Alley", pursuant to Section 15.1-377,
Code of Virginia, to permit the encroachment of a garage structure on the
alley behind Lot 1, Block 23, Rugby Land Company, 1436 Syracuse Avenue, N.
W., as shown on a survey map prepared for W. W. Stoke by T. P. Parker &
Son, Engineers and Surveyors and dated November 26, 1982.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its first
reading:
(#26352) AN ORDINANCE permitting a certain encroachment of not more
than 0.80 feet over and into the right-of-way of an alley south of Lot 1,
Block 23, Rugby Land Company, otherwise known as 1436 Syracuse Avenue,
N. W., in this City, upon certain terms and conditions.
The motion was seconded by Mr. Garland and adopted by the following
vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout
and Mayor Taylor ........................................................... 7.
NAYS: None ........................................................ O.
CHURCHES-SPECIAL PERMITS: The City Manager submitted a written
report advising that the present location of Pilgrim Baptist Church, 1238
Rugby Boulevard, N. W.., is no longer adequate to serve the needs of the
congregation; that expansion of the existing facility, adjacent to or in
close proximity to the current site, is not possible as the necessary land
to do so is not available and recent plans to expand (for parking purposes)
within the next block from the current facility were not approved by the
Board of Zoning Appeals inasmuch as there were objections from nearby
residents.
Mr. Ewert advised that new construction plans have been developed
which require the purchase of approximately seven acres of land within
one-half mile of the current facility; that land purchase cannot be
executed without Council authorization pursuant to Section 57-12, Code of
Virginia (1950), as amended, which restricts the amount of property that a
church may hold within a City.
The City Manager recommended that Council concur in the request of
Pilgrim Baptist Church, advising that statutory requirements will be met,
and the cost to the City will be the loss of about $400.00 in annual
property tax revenue once the proposed new site is purchased.
(For full text, see report on file in the City Clerk's Office.)
444
ACTION:
ACTION:
Mrs. Bowles offered the following emergency Ordinance:
(#26353) AN ORDINANCE authorizing the Trustees of Pilgrim Baptist
Church to take and hold more than four acres of land in the City, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 455.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout
and Mayor Taylor ........................................................ 7.
NAYS: None ...................................................... 0.
BUDGET-ROANOKE CIVIC CENTER: The City Manager submitted a written
report advising that repeated usage of tables and chairs for Civic Center
events has caused considerable deterioration and damage to the present
inventory; that the Civic Center Commission has requested operating equip-
ment replacement in order to provide adequate equipment inventory to meet
event demands.
The City Manager further advised that the present equipment inventory
does not meet event d~mmnds and building lessees are being forced to use
deteriorated and damaged equipment.
Mr. Ewert recommended purchase of fifty tables and 1,200 chairs to
maintain a reasonable inventory to meet event requirements at a cost of
$26,250.00 for 1,200 chairs and $3,750.00 for 50 tables, advising that
funding is available in Prior Years Retained Earnings.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency Ordinance:
(#26354) AN ORDINANCE to amend and reordain certain sections of the
1982-83 Civic Center Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 455.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout
and Mayor Taylor ........................................................ 7.
NAYS: None ......................................................... 0.
BUDGET-MUNICIPAL BUILDING: The City Manager submitted a written
report in connection with the final accounting for emergency repair work
performed as a result of the Municipal Building electrical fire in September,
1982, advising that the fire occurred on September 16, 1982, and a report
was presented to Council explaining the situation and action taken on
September 27, 1982; that repair work was performed by Davis H. Elliot
Co., Inc.; and a previous report stated that a full accounting of the cost
of repairs and a funding recommendation would be presented to Council when
received.
Mr. Ewert further advised that repairs have been completed including
replacement of aluminum electrical buses with copper to preclude a recurrence
of the cause of the fire; and final cost has been determined to be $21,967.68..
The City Manager recommended that Council authorize the transfer of
$21,967.68 from the Contingency Reserve Account to the Building Maintenance
445
ACTION:
ACTION:
Department Maintenance by Outside Contracts Account, with sufficient funds
being available in the Contingency Reserve Account; and authorize payment
of $21,967.68 to Davis H. Elliot Co., Inc.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#26355) AN OP, DiNANCE to amend and reordain certain sections of the
1982-83 General Ftmd Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 456.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout
and Mayor Taylor ........................................................... 7.
NAYS: None .......................................................... O.
BUDGET-CITY INFORMATION SYSTEMS: The City Manager submitted a written
report in connection with purchase of computer hardware, advising that
s,~-mry of five-year cost of the three alternatives based on current
prices including maintenance are:
Alternative A - Purchase upgraded equipment
$ 1,127,434
Alternative B - Lease upgraded equipment
$ 2,112,600
Alternative C - Continue current equipment lease $ 1,441,140
and five year cost comparisons based on current prices are:
$313,706 less cost associated with purchase of the upgraded
equipment as compared to lease of current equipment over the five
years.
$985,166 less cost associated with purchase of the upgraded
equipment as compared to the lease of that equipment over the
five years.
3. $1,000 per day in lease cost savings will begin to accrue after
the 28th month (the lease purchase payout period).
The City Manager recommended that Council concur in Alternative A;
purchase peripheral equipment in February, 1983, and purchase 4341-11 with
required hardware and disk drives in July, 1983, with total purchase price
estimated at $848,254.
(For full text, see reports on file in the City Clerk's Office.)
Following considerable discussion by the members of Council and
presentations by Mr. George C. Snead, Director of Administration and
Public Safety, and Mr. Archie W. Harrington, Manager, City Information
Systems, Mr. Trout moved that Council concur in the recommendation of the
City Manager and that the matter be referred to the Director of Finance
for preparation of the appropriate budget ordinance. The motion was
seconded by Mrs. Bowles and unanimously adopted.
BUDGET-GRANTS-YOUTH: The City Manager submitted a written report
advising that this is the first year of the Block Grant concept; that due
to uncertainties on the City's part as to the requirements of Block Grant
funding regulations, a total of $79,874.00 was included as additional
revenue in funding the Capital Maintenance and Equipment Replacement
446
ACTION:
Program; that these funds must be expended within the departments falling
under the Block Grant funding regulations; and recommending that the
allocation previously approved by Council for the Street Department be
reduced by $79,874.00 and that said funds be appropriated as recommended
in a staff report dated November 10, 1982, which report explains the need
to appropriate Block Grant fumds received from the Virginia Department of
Corrections for the operation of the Juvenile Probation House, Crisis
Intervention Center, Juvenile Detention Ho~e, and Outreach Detention.
The City Manager recommended that Revenue Esttmmte for Block Grant
Funds be increased by $38,545.00 and appropriate $118,419.00 to the four
departments and fringe benefits accounts as follows:
$ 28,833.00 to Juvenile Probation House;
$ 56,689.00 to Crisis Intervention Center;
$ 30,024.00 to Juvenile Detention Home;
$ 2,000.00 to Outreach Detention
873.00 to Fringe Benefits
$ 118,419.00 TOTAL ADDITIONAL APPROPRIATION.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#26356) AN ORDINANCE to amend and reordain certain sections of the
1982-83 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 456.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout
and Mayor Taylor ........................................................ 7.
NAYS: None ....................................................... 0.
SEWERS AND STORM DRAINS: The City Manager submitted a written report
advising that Council awarded a construction contract to S. C. Rossi &
Company, Inc., on August 23, 1982, in the amount of $54,178.00 for construction
of the King Street - Route 460 Sanitary Sewer, in the amount of $54,178.00;
and sixty calendar days were allotted for the work to be completed.
He further advised that two alignment changes during construction
were necessary due to differing site conditions, resulting in quantity and
time increases; that Change Order No. 1 has been processed to cover some
of the quantity overruns with the contingency fund established at the time
of contract award and Change Order No. 1 was for $2,546.90 which brought
the total for construction to $56,724.90; that additional funds in the
amount of $7,791.05 are required to pay for the services and materials
already furnished by S. C. Rossi and Co., Inc.; that time extension of
nine calendar days has been requested by S. C. Rossi and Co., Inc., due to
the realignments and quantity overruns; that the completed project serves
the shopping center development Route 460 at the east corporate l~mits and
the City maintained a temporary pumping situation to allow the new supermarket
to open on time, pending settlement of construction problems with the new
alignment.
The City Manager recommended that Council authorize execution of
Change Order No. 2 to approve payment to S. C. Rossi & Co., Inc., as
follows:
ACTION:
ACTION:
ACTION:
447
Approve payment for 705.65 tons of aggregate backfill material
at $8.00 per tom for a total of $5,645.20.
Approve payment for 61.31 tons of bituminous concrete surface
material at $35.00 per ton for a total of $2,145.85.
Approve a time extension of nine calendar days.
Transfer fumds in the =-~unt of $7,791.05 from the Capital
Sewer Lateral Replacement Account to the project.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#26357) AN ORDINANCE to amend and reordain certain sections of
the 1982-83 Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 457.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mr. Musser and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout
and Mayor Taylor .......................................................... 7.
NAYS: None ....................................................... O.
Mr. Trout offered the following emergency Ordinance:
(#26358) AN ORDINANCE approving the City Manager's issuance of
Change Order No. 2 to the City's contract with S. C. Rossi and Company,
Inc., for sanitary sewer work and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 458.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mr. Musser and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout
and Mayor Taylor ....................................................... 7.
NAYS: None ...................................................... 0.
CITY ATTORNEY:
TAXES-LEGISLATIONCENTER IN THE SQUARE: The City Attorney submitted a
written report advising that after public hearing at the Council meeting
on November 22, 1982, Council adopted a resolution supporting a bill to be
introduced at the 1983 Session of the General Assembly exempting Western
Virginia Foundation for the Arts and Sciences, its subsidiary corporation,
Center in the Square, Inc., and certain of the occupants of the Center in
the Square Building on Campbell Avenue in the City, from local taxation
insofar as the property is used exclusively for cultural, charitable or
historical purposes on a non-profit basis; that Delegate Clifton A. Woodrum
has recently advised that a technical defect exists in the resolution
adopted by the Council because it does not cite that Council considered
the provisions of subsection B of Section 30-19.04, Code of Virginia (1950),
as amended; and in order to correct this problem, Mr. Dibling transmitted
a second resolution to be adopted and forwarded to the General Assembly.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
(#26359) A RESOLUTION supporting tax exemption of certain property
owned by Western Virginia Foundation for the Arts and Sciences, its subsi-
448
ACTION:
diary corporation, Center in the Square, Inc., mr~t the occupants of the
Center in the Square Build~ng on Campbell Avenue, namely, Mill Mountain
Playhouse, Roanoke Museum of Fine Arts, Science Museum Association of
Roanoke Valley, Roanoke Valley Arts Council and Roanoke Valley Historical
Society, so long as such property is used exclusively for cultural,
charitable or historical purposes on a non-profit basis.
(For full text of Resolution, see Resolution Book No. 47, page 459.)
Mr. Trout moved the adoption of the Resolution. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council m~mhers Bowles, Butler, Garland, Harvey, Musser, Trout
and Mayor Taylor ....................................................... 7.
NAYS: None ...................................................... O.
Mr. J. H. Johnson, 1103 Overland Road, S. W., appeared before Council
and expressed concern about the resolution that was adopted by Council per-
talcing to the request of Friendship Manor Apartment Village Corporation
that it be exempt from local taxation, advising that the Federal Government
is cutting down on certain contributions, the State Government is cutting
down on contributions, therefore, the City is going to have to get as many
tax dollars as it can to make ends meet. He also expressed the opinion
that the City should not accept land, free of charge, thereby removing
said land from the City's tax roles.
SALE/PURCHASE OF PROPERTY-WATER DEP~RTMENT: The City Attorney submit-
ted a written report advising that at the Financial and Planning Session of
Council on Monday, January 17, i983, Council considered a report ~rom the
City Manager in connection with the acquisition of 415 acres of land in
the Carvins Cove Watershed; that the report recommended amendment of a
previous ordinance in order to reflect the correct name of the seller of
the property to the City, which through misinformation to City officials
had been inaccurately listed; whereupon, Mr. Dibling transmitted the
appropriate measure for the consideration of Council.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#26360) AN ORDINANCE providing for the City's acquisition of 415
acres of land lying in Roanoke County and Botetourt County, Virginia, in
the Carvins Cove Watershed; repealing Ordinance No. 26322, adopted Decem-
ber 27, 1982; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 459.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout
and Mayor Taylor .......................................................... 7.
NAYS: None ......................................................... 0.
LICENSES-TAXES: The City Attorney submitted a written report advising
that at the Financial and Planning Session of Council on Monday, January 17,
1983, Council considered the motor vehicle decal license fees, and it was
determined to maintain the current motor vehicle decal license fees, which
would necessitate an amendment to the City Code, since current rates are
set out by reference to state law and state law has recently provided for
an increase in such fees, and Council referred the matter to the City
Attorney for preparation of the appropriate measure; whereupon, Mr, Dibling
transmitted the proper measure for the consideration of Council.
(For full text, see report on file in the City Clerk's Office.)
449
ACTION:
ACTION:
Mr. Trout moved that the following Ordinance be placed upon its first
reading:
(#26361) AN ORDINANCE amending and reordaining Section 20-28, Tax
imposed, of the Code of the City of Roanoke (1979), as amended, to set
forth motor vehicle and other associated license taxes; and providing for
an effective date of this ordinance.
The motion was seconded by Mr. Harvey and adopted by the following
vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout
and Mayor Taylor ......................................................... 7.
NAYS: None ........................................................ 0.
DIRECTOR OF FINANCE:
BUDGET-HOUSING: The Director of Finance submitted a written report
advising that by agreement with the City of Roanoke, the Roanoke Redevelop-
ment and Housing Authority administers a significant segment of the City's
Community Development Block Grant Program; that the Housing Authority
receives program income during the course of its administration of various
projects by disposing of real estate and equipment, by renting properties,
and by receiving rehabilitation loan repayments from project area residents;
and the Housing Authority is required to transfer this program income to
the City of Roanoke and the City of Roanoke is required to use the income
for a community development activity.
Mr. Schlanger advised that the Housing Authority has made payment to
the City in the amount of $18,214.94 for the following categories of
program income:
$ 1,850.00 in sale of land (Gainsboro Project);
$ 1,296.00 in rental payments by tenants in urban renewal projects;
$ 1,950.00 in reimbursements from homeowner's escrow accounts; and
$13,118.94 in rehabilitation loan repayments by project residents.
The Director of Finance recommended that Council appropriate the
total of $18,214.94 in program income received from the Housing Authority
as follows:
$ 5,096.00
to account A35668200415, Unprogramed C.D.B.G. -
Nonsettlement. This amount is income from the
rental of property to tenants, the sale of land
and reimbursements not subject to repayment to
H. U. D. The total of $5,096.00 will be avail-
able for future appropriation transfers for a
community development purpose; and
$13,118.94
to account A35668200416, Unprogrmmmed C.D.B.G. -
Rehabilitation Loans. This amount is income from
the repayment of rehabilitation loans by project
residents. The total of $13,118.94 will be avail-
able for future appropriation transfers for a
community development purpose.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler offered the following emergency Ordinance:
(#26362) AN ORDINANCE to emend and reordain certain sections of the
1982-83 Grant Fund Appropriations Ordinance, and providing for an emergency~
(For full text of Ordinance, see Ordinance Book No. 47, page 460.)
450
ACT ION:
ACTION:
Dr. Butler moved the adoption of the Ordinance. The motion was seconded
by Mr. Trout sa~d adopted by the followimg vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout
and Mayor Taylor ............................................ 7.
NAYS: None ..................................................... O.
BUDGET-HOUSING: The Director of Finance submitted a written report
advising that Council adopted Ordinance No. 26097 on June 28, 1982, to
amend and reordain certain sections of the 1982-83 Grant Programs Fund
Appropriations; that this provided for the appropriation% of $70,000 in
parking lot income from the Roanoke Redevelopment and Housing Authority;
and the City has received $9,136.57 in excess of the appropriation from
the Housing Authority as of the quarter ended December 31, 1982.
Mr. Schlanger advised that the City is required to use the income for
a community development activity, and the total of $9,136.57 will be
available for future appropriation transfers for a community development
purpose; and recommended that Council approve a budget ordinance that
appropriates the additional parking lot income and increases the revenue
estimate.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler offered the following emergency Ordinance:
(#26363) AN ORDINANCE to amend and reordain certain sections of
the 1982-83 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 460.)
Dr. Butler moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout
and Mayor Taylor ......................................................... 7.
NAYS: None ........................................................ 0.
BUDGET-PERSONNEL-CITY EMPLOYEES: The Director of Finance submitted a
written report advising that the 1983 fiscal year budget includes $500,000
of anticipated lapse of salary and wages; that the majority of changes on
the budget ordinance which is being transmitted will reduce various depart-
mental salary and wage budgets and decrease the budgeted lapse account by
the same amount.
Mr. Schlanger advised that the total budgeted salary and wage lapse
remaining will be as follows:
Original budgeted amount
First quarter lapse realized
Second quarter lapse realized
500,000
(162,744)
(173,190)
Amount to be realized
$ 164,066
The Director of Finance advised that the $335,934 first and second
quarter lapse realized represents 67.2% of the amount budgeted, and recom-
mended adoption of the appropriate budget ordinance.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler offered the following emergency Ordinance:
(#26364) AN ORDINANCE to amend and reordain certain sections of the
1982-83 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 461.)
451
ACTION:
ACTION:
Dr. Butler moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Butler, Garlana, Harvey, Musser, Trout
and Mayor Taylor ......................................................... 7.
NAYS: None ...................................................... O.
REPORTS OF C6~4MIITEES:
BUDGET-SEWERS AND STORM DRAINS: Council member Robert A. Garland,
Chairman of the committee appointed by the Mayor to tabulate bids received
on Bond Issue Storm Drain - Brandon Lane, submitted a written report of
the committee recommending that the low bid of J. P. Turner & Brothers,
Inc., in the amount of $66,462.00, be accepted, that a contingency of
$6,538.00 be established; and that the Director of Finance be authorized
to transfer $66,462.00 from existing Bond Issue Storm Drain Account to
Brandon Lane Storm Drain Account.
(For full text, see report on file in the City Clerk's Office.)
A report of the City Manager concurring in the recommendation of the
committee, was also before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#26365) AN ORDINANCE to amend and reordain certain sections of
the 1982-83 Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 462.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout
and Mayor Taylor .......................................................... 7.
NAYS: None .......................................................... O.
Mr. Garland offered the following emergency Ordinance:
(#26366) AN ORDINANCE accepting the bid of J. P. Turner & Brothers,
Inc., for construction of the Brandon Lane Storm Drain project, upon
certain terms and conditions, and awarding a contract therefor; authorizing
the proper City officials to execute the requisite contract for such work;
rejecting all other bids made to the City for the work; and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 463.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout,
and Mayor Taylor ........................................................... 7.
NAYS: None ........................................................ O.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
SEWERS AND STORM DRAINS-EASEMENTS: Ordinance No. 26346 authorizing
the vacation of a portion of a sanitary sewer easement through property
owned by Billy Hooker Harbour on the east side of the Southwest Expressway,
452
ACTION:
ACTION:
having previously been before the Council for its first reading on Monday,
January 10, 1983, 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:
(#26346) AN ORDINANCE authorizing the vacation of a portion of a
sanitary sewer easement through property owned by Billy Hooker Harbonr on
the east side of the Southwest Expressway, Roanoke, Virginia.
(For full text of Ordinance, see Ordinance Book No. 47, page 454.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout
and Mayor Taylor ........................................................ 7.
NAYS: None ........................................................ O.
CELEBRATIONS-ACTS OF ACKNOWLEDGEMENT: Mr. Harvey offered the follow-
ing Resolution expressing the City's appreciation to WROV Radio Station
for its centennial gift of a beautiful, expressive and attractively framed
poster entitled "2082 - The Next One Hundred Years" and for WROV Radio
Station's important contributions to the quality of life in the Roanoke
Valley:
(#26267) A RESOLUTION expressing this City's appreciation to WROV
Radio Station for its centennial gift.
(For full text of Resolution, see Resolution Book No. 47, page 463.)
Mr. Harvey moved the adoption of the Resolution. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout
and Mayor Taylor ...................................................... 7.
NAYS: None .................................................... O.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
SOLICITATIONS: Council member Harvey referred to a communication he
had previously written to the City Attorney inquiring as to whether the
City has the authority to enact an ordinance to prohibit door-to-door
solicitation in the City of Roanoke after 8:00 p.m., each day, advising
that the City Attorney has responded in the affirmative to the effect
that a reasonable argument can be made that limiting door-to-door sales to
prior to 8:00 p.m., each day would "reasonably control" such sales. Mr.
Harvey moved that Council hold a public hearing on Monday, February 14,
1983, at 7:30 p.m., or as soon thereafter as the matter may be heard, in
the Council Chamber, on the question of prohibiting door-to-door solicita-
tion in the City after 8:00 p.m., each day. The motion was seconded by
Mr. Garland and unanimously adopted.
OTHER HEARINGS OF CITIZENS:
TAXES: Mr. J. H. Johnson, 1103 Overland Road, S. W., appeared before
Council and expressed concern about the City losing revenue that could be
collected, advising that he has been conducting a survey in this regard
and would like to bring the results of that information to Council in the
very near future. He again expressed concern over Council's recent action
with regard to the request of Friendship Manor Apartment Village Corporation
that it be exempt from local taxation.
(See Resolution No. 26349 adopted by the Council at its special meeting on
Monday, January 17, 1983.)
453
A~ 3:55 p.m., the Mayor declared the meeting recessed.
At 4:30 p.m., the meeting reconvened in the Council Chamber, with
Hayor Taylor presiding and all members of the Council present.
There being no further business, the Mayor declared the meeting
adjourned at 4:30 p.m.
City Clerk
APPROVED
Mayor
454
P.~GULAR WEEKLY SESSION ..... ROANOKE CITY COI~CIL
February 7, 1983
7:30 p.m.
The Council of the City of Roanoke met in regular meeting in the Auditorium
of the Patrick Henry High School on Monday, February 7, 1983, at 7:30 p.m., with
Mayor Noel C. Taylor presiding.
PRESENT: Council members Wendell H. Butler, Robert A. Garland, James G.
Harvey, II, Howard E. Musser, James O. Trout, Elizabeth T. Bowles and Mayor Noel C.
Taylor ............................................................................... 7.
ABSENT: None .............................................................. 0.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. W. Robert Herbert,
Assistant City Manager; Mr. Wilburn C. Dibling, Jr., City Attorney; Mr. Joel M.
Schlanger, Director of Finance; and Ms. Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Walter Lockett,
Retired United Methodist Minister.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Taylor.
PROCLAMATIONS: The Mayor presented a proclamation declaring the week of
February 7 - 11, 1983, as National School Guidance and Counseling Week, in the City
of Roanoke, and encouraged all citizens to support counseling services and programs
all over the State.
(For full text, see proclamation on file in the City Clerk's Office.)
CONSENT AGENDA:
The Mayor advised that all matters listed on the Consent Agenda are
considered to be routine by the members of Council and will be enacted by
one motion in the forms listed on the Consent Agenda and if discussion is
desired, that item will be removed from the Consent Agenda and considered
separately. He called attention to two Executive Sessions to discuss
personnel matters, that Mr. Musser would like to request an Executive
Session to discuss a personnel matter, that Mr. Trout would like to request
an Executive Session to discuss a real estate matter, and the City Attorney
would like to request an Executive Session to discuss a matter of pending
litigation.
MINUTES: Minutes of the regular meeting of Council held on Monday,
January 10, 1983, the special meeting held on Monday, January 17, 1983,
and the regular meeting held on Monday, January 24, 1983, were before the
body.
(For full text, see minutes on file in the City Clerk's Office.)
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
Dr. Butler and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Musser, Trout, Bowles
and Mayor Taylor .......................................................... 7.
NAYS: None .......................................................... 0.
455
ACTION:
ACTION:
ACTION:
ACTION:
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950), as
amended, was before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mrs. Bowles moved that Council 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 Dr. Butler and adopted by the following vote:
AYES: Council me~mbers Butler, Garland, Harvey, Musser, Trout, Bowles
and Mayor Taylor .......................................................... 7.
NAYS: None ......................................................... O.
COUNCIL: A report of the City Manager requesting an Executive Session
to discuss a personnel matter pursuant to Section 2.1-344 (a) (1), Code of
Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that Council convene in Executive Session to discuss
a personnel matter pursuant to Section 2.1-344 (a) (1), Code of Virginia
(1950), as amended. The motion was seconded by Dr. Butler and adopted by
the following vote:
AYES: Council members Butler, Garland, Harvey, Musser, Trout, Bowles
and Mayor Taylor .......................................................... 7.
NAYS: None .......................................................... O.
PENDING ITEMS: A list of items pending from July 10, 1978, through
January 24, 1983, was before Council.
(For full text, see 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 Dr. Butler and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Musser, Trout, Bowles
and Mayor Taylor .......................................................... 7.
NAYS: None .......................................................... Oo
INDUSTRIES: The qualification of Mr. William White, Sr., as a Director
of the Industrial Development Authority of the City of Roanoke to fill the
unexpired term of Mr. Horace G. Fralin, resigned, ending October 20, 1985,
was before Council.
(See Oath 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 Dr. Butler and adopted by the following
vote:
AYES: Council members Butler, Garland, Harvey, Musser, Trout, Bowles
and Mayor Taylor .......................................................... 7.
NAYS: None ......................................................... O.
PUBLIC ASSISTANCE: The qualification of Mrs. Amelia J. Perkins as a
member of the Advisory Board of Human Resources for a term of four years
ending November 30, 1986, was before Council.
(See Oath of Office on file in the City Clerk's Office.)
456
ACT I ON:
ACTION:
ACTION:
ACTION:
ACTION:
Mrs. Bowles moved that the report of qualification be received and
filed. The motion was seconded by Dr. Butler and adopted by the following
vote:
AYES: Council members Butler, Garland, Harvey, Musser, Trout, Bowles
and Mayor Taylor ........................................................ 7.
NAYS: None .......................................................... O.
PLANNING: The qualification of Mr. Paul C. Buford, Jr., as a member
of the City Planning Com~ission for a term of four years ending December 31,
1986, was before Council.
(See Oath 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 Dr. Butler and adopted by the following
vote:
AYES: Council members Butler, Garland, Harvey, Musser, Trout, Bowles
and Mayor Taylor .......................................................... 7.
NAYS: None .......................................................... 0.
COUNCIL: Vice-Mayor Musser orally requested that Council meet in
Executive Session to discuss a personnel matter pursuant to Section 2.1-
344 (a) (1), Code of Virginia, 1950, as emended.
Mrs. Bowles moved that Council convene in Executive Session to discuss
a personnel matter pursuant to Section 2.1-344 (a) (1), Code of Virginia,
1950, as amended. The motion was seconded by Dr. Bubler and adopted by
the following vote:
AYES: Council members Butler, Garland, Harvey, Musser, Trout, Bowles
and Mayor Taylor .......................................................... 7.
NAYS: None .......................................................... 0.
COUNCIL: Mr. Trout orally requested that Council meet in Executive
Session to discuss a real estate matter pursuant to Section 2.1-344 (a)
(2), Code of Virginia, 1950, as emended.
Mrs. Bowles moved that Council convene in Executive Session to discuss
a real estate matter pursuant to Section 2.1-344 (a) (2), Code of Virginia,
1950, as emended. The motion was seconded by Dr. Butler and adopted by
the following vote:
AYES: Council members Butler, Garland, Harvey, Musser, Trout, Bowles
and Mayor Taylor .......................................................... 7.
NAYS: None .......................................................... O.
COUNCIL: The City Attorney orally requested that Council meet in
Executive Session to discuss a matter of pending litigation, pursuant to
Section 2.1-344 (a) (6), of the Code of Virginia, 1950, as amended.
Mrs. Bowles moved that Council convene in Executive Session to discuss
a matter of pending litigation pursuant to Section 2.1-344 (a) (6), Code
of Virginia, 1950, as amended. The motion was seconded by Dr. Butler and
adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Musser, Trout, Bowles
and Mayor Taylor ......................................................... 7.
NAYS: None .......................................................... O.
457
ACTION:
ACTION:
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
COURTS FACILITY: Mr. Evans B. Jessee appeared before Council and
advised that for some months a group consisting of himself, Judge Jack B.
Coulter, Mr. Robert N. Fishburn, the Honorable Beverly T. Fitzpatrick, Mr.
Robert E. Glenn, Mr. Timothy Jamieson, the Honorable Edward S. Kidd, Mr.
William J. Lemon, Mr. Richard J. Meagher, Miss Marilyn Mullen, Mr. Peter
M. Rippe, the Honorable Roy B. Willett and Mrs. Elizabeth T. Bowles have
been meeting on an informal basis to consider the possibility of arranging
for a work of art to complete and enhance the atrium of the new Roanoke
City Courthouse; noting that the group was convened by 3udge Coulter with
the knowledge and approval of the other judges of the Circuit Court, the
General District Court, the Juvenile and Domestic Relations District Court
and the City Manager.
Mr. Jessee advised that their deliberations have addressed two basic
concerns: the choice of the art work and the raising of necessary funds
for the project; and they have felt that the funding considerations should
be deferred until the selection of the art work is under way.
At this point, Mr. Jessee advised that the committee has made the
determination that the most appropriate means of selecting an art work
would be to have a competition in which a large number of artists in the
Roanoke area and elsewhere would be asked to submit their proposals and
the estimated costs of executing them, and it is anticipated that a selec-
tion committee would be set up to make the final choice, in consultation
with the Council.
Before proceeding further, Mr. Jessee advised that it would be appro-
priate for the Council to establish the abovenamed committee members as
the official committee, along with others that Council might wish to add.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Garland moved that Council concur in the request of Mr. Jessee
and that a committee composed of the Honorable Jack B. Coulter, Mr. Robert
N. Fishburn, Mr. Robert E. Glenn, the Honorable Edward S. Kidd, Mr. Richard
L. Meagher, Mr. Peter M. Rippe, Mrs. Elizabeth T. Bowles, Mr. Evans B.
Jessee, the Honorable B. T. Fitzpatrick, Mr. Timothy Jamieson, Mr~ William
J. Lemon, Miss Marilyn Mullen, and the Honorable Roy B. Willett be appointed
as the official committee to consider the possibility of arranging for a
work of art to complete and enhance the atrium of the new Roanoke City
Courthouse. The motion was seconded by Mr. Trout and unanimously adopted.
TAXES-DIRECTOR OF REAL ESTATE VALUATION: Mr. Samuel P. Nackley, 1623
Sherwood Avenue, S. W., appeared before Council with regard to the tax
assessment increases on his properties in the City of Roanoke.
(For full text, see verbatim transcript of Mr. Nackley's remarks on file
in the City Clerk's Office.)
Mr. Trout moved that the remarks of Mr. Nackley be referred to the
Director of Real Estate Valuation for appropriate response. The motion
was seconded by Mr. Garland and unanimously adopted.
ALCOHOLIC BEVERAGES: Mr. Joseph D. George representing George's
Enterprises, Inc., appeared before Council and read a prepared statement
in regard to a ten year attempt on his part to obtain an alcoholic beverage
license in the City of Roanoke, advising of a hearing before the ABC
Commission on February 10, 1983, at 1:00 p.m., in the Roanoke City Council
Chamber and urging that Council and the City Manager support him in this
endeavor.
(For full text, see statement on file in the City Clerk's Office.)
458
ACT ION:
ACTION:
Mr. Trout moved that the statement be received and filed. The motion
was seconded by Dr. Butler and unanimously adopted.
PETITIONS AND COMMUNICATIONS:
FIRE DEPARTMENT-POLICE DEPARTMENT-CITY ~PLOYEES: Mr. Trout referred
to complaints concerning a delay in filling lieutenant and captain positions
in the Fire Department, advising that City officials have been allowing
higher ranking jobs in the Fire Department to remain vacant and using
lower ranking workers to perform their duties without giving them extra
pay for the work, noting that this is jeopardizing fire protection services.
He said he is especially concerned about the delay in making promotions to
fill vacancies in the police sergeant and lieutenant positions. Mr. Trout
clarified that under present policy, the City does not provide added
compensation for firefighters, police officers and other workers who are
shifted temporarily to higher level jobs. He said that Council asked for
a report on the matter several months ago when certain questions were
raised about the delay in filling ranking positions in the Fire Department,
and to date, Council has not received the report. He expressed the opinion
that it is important for Council to do something to remove anxiety for
City workers over promotions because of delays in filling jobs.
In this connection, the Assistant City Manager submitted a written'
report of the City Manager responding to certain questions raised by Mr.
Trout with regard to Police Department total vacancies, selection and
testing, advising that on February 7, 1983, authorized sworn police officer
positions are as follows:
Authorized Employed Vacant
Police Officer
214 214 0
Trainee 10 6 4
He further advised that on July 1, 1982, Council authorized ten additional
permanent police positions and on that date an equal number of trainees were
available and placed into the ten new positions and immediate filling of
these positions was made possible by Council's action of January, 1980,
which created up to ten trainee positions for the explicit purpose of
establishing a reserve manpower source; and police recruiting, selection
and training is a continuous process because of the department size and
normal attrition.
With regard to selection and testing, the Assistant City Manager
advised that Chapter 2-61 of the City Code directs the City Manager to
establish rules and regulations governing employment with the City, that
this is deemed to include the process for employee selection and promotion;
that personnel operating procedures are developed and presented to the
Personnel and Employment Practices Commission for review, study, advice,
and public hearing prior to approval by the City Manager. He further
advised that all personnel operating procedures have been subject to the
scrutiny outlined above including Personnel Operating Procedure #1 which
provides for one year duration for all certified promotion lists, and
this provision is consistent with past practice in the Police Department
where the one year duration rule was established with the first competitive
promotional examinations conducted in March, 1966.
When applicable, testing is used as a screening device and vehicle to
objectively rank order potential employees for hiring or current employees
vying for promotion and eligibility tests are a reflection of testing
results and must have a fixed duration in order to allow newly eligible
employees an opportunity to compete.
(For full text, see report on file in the City Clerk's Office.)
Following considerable discussion of the matter, Mr. Trout stated that
the City Manager has not responded to the request of Council for a recommenda-
tion on the matter of additional pay for City employees who are assigned
459
ACTION:
temporarily to fill higher classified jobs, and moved that the City Attorney
be instructed to prepare the proper measure amending Section 2-67 of the
City Code to provide that higher positions in the City's classified service
shall be filled within thirty days after they become vacant, retroactive
to January 1, 1983. The motion was seconded by Dr. Butler and adopted.
Mr. W. W. Waters representing the ~nternational Brotherhood of
Police Officers, appeared before Council in support of the proposal, advising
that the Police Department should be able to make promotions from eligibility
lists within thirty days.
BUDGET-SCHOOLS: A communication from the Roanoke City School Board
requesting that Council make the following adjustments in school accounts:
GRANT NAME
GRANT NUMBER APPROPRIATION ADJUSTMENT
Title IV-B Library 1980-81 A354205
Title IV-C CAP 1981-82 A354207
Special Arts 1980-81 A354303
CETA II-B LPN 1980-81 A354404
CETA II-B LPN 1981-82 A354405
CETA II-B Geriatric 1981-82 A354406
Roanoke Memorial Hospital 1981-82 A354510
Child Development Clinic 1981-82 A354511
Bureau of Crippled Children 81-82 A354512
Roanoke Detention Home 1981-82 A354514
Pre-School Incentive 1981-82 A354515
Pre-School Incentive 1982-83 A354517
Apprenticeship 1981-82 A354705
ABE/DIAL 1981-82 A354706
Work Study 1981-82 A354707
Nutrition Education 1979-81 A354902
$ ( 23.89)
( 9,434.10)
96.06
261.79
9.08
(10,574.45)
583.84
104.20
$ (18~977.47)
(For full text, see communication on file in the City Clerk's Office.)
In this connection, the Director of Finance submitted a written report
advising that he has reviewed the request for close-out of 16 grants for the
School Board, that each grant program is now complete and all grant revenues
have been received, and recommending that Council concur in the request of
the School Board to close-out these grants, was before Council.
(For full text, see connnunication on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency Ordinance:
(#26368) AN ORDINANCE to amend and reordain certain sections of the
1982-83 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 466.)
Mr. Harvey moved the adoption of the Ordinance. The motion was seconded
by Mr. Musser and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Musser, Trout, Bowles
and Mayor Taylor ......... ~ ................................................. 7.
NAYS: None .......................................................... O.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
460
ACT ION:
BUDGET-INDUSTRIES-ECONOMIC DEVELOPMENT CC~4MISSION: The City Manager
submitted a written report advising that preliminary layout for the Roanoke
Centre for Industry and Technology has been completed by J. E. Sirrine and
Company and preliminary layout identifies preliminary site configuration,
roads and utilities; that final grading plan, from which all future road and
utility work can be designed, is the next step beycmd the preliminary layout
needed to accommodate Cooper Industries; that the City has received engineer-
ing proposals for preparing a grading plan for the entire industrial park
and established cost is $10,000 for the preparation of the needed industrial
grading plan; and speed at which Cooper Industries will move into the park
if the U.D.A.G. is forthcoming causes the necessity to have the grading plan
in hand before the end of March.
The City Manager recommended that Council authorize the transfer of
funds for completion of a grading plan for the entire Roanoke Centre for ~n-
dustry and Technology, advising that timing is crucial in that this plan and
preliminary site grading for the Cooper Industries' site must be completed
before the end of March; that funds for this $10,000 grading plan are avail-
able in an existing capital account that was established for the downtown
hotel study; and development of the park will proceed as scheduled.
(For full text, see report on file tn the City Clerk's Office.)
Dr. Butler offered the following emergency Ordinance:
(#26369) AN ORDINANCE to amend and reordain certain sections of the
1982-83 Capital Projects Fund Appropriations, an~ providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 467.)
Dr. Butler moved the adoption of the Ordinance. The motion was seconded
by Mr. Trout and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Musser, Trout, Bowles
and Mayor Taylor .......................................................... 7.
NAYS: None ........................................................... O.
BUDGET-PUBLIC ASSISTANCE-GRANTS: The City Manager submitted a written
report advising that the Roanoke City Social Services Department wishes to
develop expertise in the delivery of intensive in-home services in order to
correct family disfunction and prevent unnecessary placement of children
outside of their own homes; that the State Board of Social Services allocated
$250,000.00 of Social Services Block Grant funds for the purpose of special
programs to demonstrate ways of preventing placement of children outside
their own homes; and the Roanoke City Social Services applied to the State
Department of Social Services for a grant of $50,000.00 for a project with
certain stated objectives.
Mr. Ewert advised that a $50,000.00 grant was awarded to the City by
the State Department of Social Services; that the $50,000.00 grant will
provide services in their own homes for children who are threatened with
separation from their families and the services will include a homemaker
purchased from Family Services of Roanoke Valley, in-home counseling pur-
chased from the Lutheran Children's Home of the South, day care purchased
from various day care providers, emergency shelter purchased from families
who provide this service, and other community resources will be utilized to
strengthen family ties and remove barriers which cause disruption.
It was noted that the proposal will be a joint effort with the three
primary agencies being Roanoke City Social Services, Family Services of
Roanoke Valley and the Lutheran Children's Home of the South; that other
agencies involved will be the Child Abuse and Neglect Council, Community
Coordinated Child Care, Valley Council of Community Services, Inc., Roanoke
Juvenile Court, Roanoke City Schools, Roanoke Youth Bureau and other agencies
working with families; that families will be selected from those referred to
Social Services through the Child Abuse and Neglect Hotline with children
suspected of being in danger of being abused or neglected; that no additional
costs to the City will be incurred inasmuch as services already budgeted
through Title ~'X will be used, such as Day Care and Emergency Services, and
a service worker already on staff will be assigned to the project.
461
ACTION:
ACTION:
The City Manager recommended that Council appropriate $50,000.00 for
the Purchase of Services for Prevention of Placement of Abused or Neglected
Children Outside of Their Own Homes, as follows:
$41,443.92 to Account No. A01-5318-200-10, Fees for Professional
Services
$ 1,680.00 to Account No. A01-5318-300-44, Program Activities
$ 6,876.00 to Account No. A01-5318-330-05, Travel and Education
(For full text, see reports on file in the City Clerk's Office.)
Mr. Musser offered the following emergency Ordinance:
(#26370) AN ORDINANCE to amend and reordain certain sections of the
1982-83 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 468.)
Mr. Musser moved the adoption of the Ordinance. The motion was seconded
by Mr. Trout and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Musser, Trout, Bowles
and Mayor Taylor ......................................................... 7.
NAYS: None ......................................................... O.
TAXICABS: The City Manager submitted a written report advising that on
December 13, 1982, application for Certificate of Public Convenience and
Necessity was applied for by Ms. Linda Lashmet trading as Luxury Limousine
Service for Chartered Limousine service; that on January 4, 1983, a public
hearing was held by the Office of City Manager and no objections were entered.
It was noted that the application of Luxury Limousine Service does not
conform to characteristics outlined in Section 34-58 - 34-134 of the City
Code; that existing public transportation agencies, including taxicabs, mass
transit and/or RADAR, have been contacted in reference to the application to
determine if public need is not already being effectively and economically
met and competition is promoted or hampered for any one or more agencies or
companies at the expense of another agency or company, advising that the
conclusion is that the request to establish chartered limousine service has
no effect on existing public transportation agencies and further that free
enterprise should not be stymied by governmental regulation through condition
of Certificate of Public Convenience in this specific request, and the health
and welfare of the citizens are not significantly effected by this type of
service.
The City Manager recommended.that Section 34-58 of the City Code be
amended to define "Chartered Limousine" service as service provided by a
motor vehicle with a wheel base of 176" er longer, which is used for the
transportation for hire of passengers and which is contracted for on an
hourly or longer basis and that the Code also be amended to exempt this
service from the requirements of the Code, except for zoning and licensing
requirements.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler offered the following emergency Ordinance:
(#26371) AN ORDINANCE to amend and reordain Section 34-58, Defini-
tions, of the Code of the City of Roanoke (1979), as amended, and to add a
new section numbered 34-81, Chartered limousines exempted, to provide a
definition of chartered limousine and to exempt such service from the pro-
visions of the sections pertaining to public vehicles; and to provide for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 469.)
462
ACTION:
Dr. Butler moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Musser, Trout, Bowles
and Mayor Taylor ......................................................... 7.
NAYS: None ....................................................... 0.
SOLICITATIONS: The City Attorney submitted a written report advising
that at the request of Council, he has drafted an ordinance establishing
certain limitations on evening door-to-door sales in the City, and he pre-
viously advised Council that the City has the authority to enact an ordinance
regulating door-to-door solicitations in the City pursuant to enabling
leglislation set out in Section 15.1-37.3:1, Code of Virginia (1950), as
amended.
Mr. Dibling pointed out that the proposed ordinance would prohibit all
door-to-door sales of items and services between certain hours except for
those sales and services which are exempt from local regulation in this
regard to State law, noting that he has not suggested any particular hours
of prohibition in the draft ordinance, believing that Council will want to
do this after hearing the views of any concerned party during the public
hearing on the ordinance which is scheduled for Monday, February 14, 1983.
He said the City has the authority to enact regulations to "reasonably
control" door-to-door sales, and it ~s his opinion that prohibiting such
sales after the hour of 8:00 p.m., as suggested by Councilman Harvey, would
be a reasonable hour.
The City Attorney pointed out that the proposed ordinance provides that
a violation of the ordinance would be a Class 4 misdemeanor, which carries
a fine of up to $100.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey advised that he will not be present at the Council meeting
on Monday, February 14, 1983, and requested that the public hearing be held
at that time, but that the vote on the ordinance be delayed until the regular
meeting of Council on Monday, February 28, 1983.
Mr. J. H. Johnson, 1103 Overland Road, So W., appeared before Council
and spoke in support of adoption of such an ordinance.
Mr. Samuel P. Nackley, 1623 Sherwood Avenue, S. W., appeared before
Council and inquired if the proposed ordinance would prohibit selling or
showing real estate after a certain hour.
Mrs. Katherine A. Roche, 1901 Grandin Road, S. W., appeared before
Council and advised that her children, from time to time, sell doughnuts for
various fund raising activities, and inquired if there could be an age
limitation included in the proposed ordinance; whereupon, the City Attorney
advised that inclusion of an age limitation would be unconstitutional.
Mr. Garland moved that Council hold the public hearing on the matter of
regulating door-to-door solicitation in the City on Monday, February 14,
1983, at 7:30 p.m., and that the vote on the proposed ordinance be delayed
until the regular meeting of Council on Monday, February 28, 1983. The
motion was seconded by Mr. Harvey and unanimously adopted.
LEGISLATION: The City Attorney submitted a written report advising
that he was in Richmond on February 2 and 3, 1983, and was able to meet with
each of the City's legislators and explain the City's position on a number
of legislative matters, and requested that he be permitted to brief the
members of Council on several bills on which the City may want to take a
position and to advise Council as to the status of several bills on which a
position has already been taken.
(For full text, see report on file in the City Clerk's Office.)
ACT I ON:
ACTION:
ACTION:
ACTION:
463
Mr. Garland moved that the report be received and filed. The motion
was seconded by Dr. Butler and unanimously adopted.
DIRECTOR OF FINANCE:
BUDGET-PUBLIC ASSISTANCE: The Director of Finance submitted a written
report advising that Couucil.sdopted Ordinance No. 26318 transferring
$130,926.00 from various Human Services accounts and established a budget
for employment services for recipients of Aid to Dependent Children at its
December 27, 1982, meeting; that three appropriation accounts should have
been reduced at the same time, but were inadvertently omitted from Ordinance
No. 26318; and recommending that Council adopt an ordinance reducing these
three appropriation accounts and thus, carry out the full intent of the
December 27, 1982, report.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the follOWing emergency Ordinance:
(#26372) AN ORDINANCE to amend and reordain certain sections of the
1982-83 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 470.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Musser, Trout, Bowles
and Mayor Taylor ......................................................... 7.
NAYS: None ........................................................... O.
BUDGET-CITY INFORMATION SYSTEMS: The Director of Finance having submitted
a written report transmitting an ordinance with regard to purchase of computer
hardware, he orally requested that the item be withdrawn from the agenda at this
time; whereupon, Mr. Trout moved that Council concur in the request. The
motion was seconded by Mr. Musser and unanimously adopted.
The Assistant City Manager advised that the Administration has worked
with the Director of Finance and the City Attorney in assuring that all
provisions of the procurement code are going to be met in this project and,
as a result of the series of discussions with the City Attorney's Office,
a decision has been made to consolidate the purchase of the leased equipment
and the purchase of the central processing unit and disc rods, and the
Administration will report to Council by mid April, 1983, with a firm recommenda-
tion.
BUDGET-CLEAN VALLEY COMI~ITTEE-GRANTS: The Director of Finance submitted
a written report advising that Council adopted Resolution No. 26067 on June
16, 1982,' designating the Clean Valley Co~nittee, Inc., to develop a coordinat-
ed litter control program for the Roanoke Valley and the Committee was
authorized to apply for certain grant funds from the Commonwealth of Virginia
for the operation of the program; that the application was approved and
grant funds in the amount of $8,726.00 have been received; that Resolution
No. 26067 provided for the immediate transfer of funds to the Clean Valley
Committee, and recommending the appropriation of $8,726.00 in litter control
funds in order that these funds may be transferred to the Clean Valley
Committee.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#26373) AN ORDINANCE to amend and reordain certain sections of the
1982-83 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 470.)
464
ACT ION:
ACTION:
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mr. Musser and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Musser, Trout, Bowles
and Mayor Taylor ...................................................... 7.
NAYS: None .......................................................... O.
BUDGET-CELEBRATIONS-GRANTS: The Director of Finance submitted a written
report advising that the Centennial Committee grant ended on January 1, 1983;
that a total appropriation for this grant was $75,000.00 and total expenditures
were $75,000.00; that the Centennial Co~ittee grant funded the operation of
the Centennial Coordinator Office under the direction of Mrs. Joyce Waugh;
that Council adopted OrdiNance No. 26301 on December 13, 1982 to continue the
Centennial Coordinator position through June .30,.1983, and funds were appro-
priated in the Parks and Recreation accounts in the General Fund for the
special events related operating expenses.
Mr. Schlanger recommended that the grant be closed and that certain
appropriation adjustments be enacted.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#26374) AN ORDINANCE to amend and reordain certain sections of the
1982-83 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 471.)
Mr. Garland moved the adoption of the Ordinance. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Musser, Trout, Bowles and
Mayor Taylor ............... ~--~ .................................... u .......... 7.
NAYS: None ............................................................. O.
CITY CLERK:
SCHOOLS: A report of the City Clerk advising of the expiration on June 30,
i983, of the three year terms of Mrs. Sharon G. Duckwall and Mr. William E.
Ingram as School Board Trustees, and that applications for the upcoming vacan-
cies will be received in the City Clerk's Office until 5:00 p.m., on Thursday,
March 10, 1983.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that the report be received and filed. The motion was
seconded by Dr. Butler and unanimously adopted.
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
STREETS AND ALLEYS: Ordinance No. 26352 permitting a certain encroach-
ment of not more than 0.80 feet over and into the right-of-way of an alley
south of Lot 1, Block 23, Rugby Land Company, otherwise known as 1436 Syracuse
Avenue, N. E., in the City of Roanoke, upon certain terms and conditions,
having previously been before the Council for its first reading on Monday,
January 24, 1983, read and adopted on its first reading and laid over, was
again before the body, Dr. Butler offering the following for its second
reading and final adoption:
(#26352) AN ORDINANCE permitting a certain encroachment of not more
than 0.80 feet over and into the right-of-way of an alley south of Lot 1,
Block 23, Rugby Land Company, otherwise known as 1436 Syracuse Avenue, N. W.,
in this City, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 47, page 464.)
Dr. Butler moved the adoption of the Ordinance. The motion was seconded
by Mr. Harvey and adopted by the following vote:
465
ACTION:
AYES: Council me~bers Butler, Garland, Harvey, Husser, Trout, Bowles
and Mayor Taylor ........................................................... 7.
NAYS: None ......................................................... O.
TAXES-LICENSES: Ordinance No. 26361 amending and reordaining Section
20-28, Tax impose.~, of the Code of the City of Roanoke (1979), as amended,
to set forth motor vehicle and other associated license taxes, maintaining
the current motor vehicle decal license fees, having previously been before
the Council for its first reading on Monday, January 24, 1983, read and
adopted its first reading and laid over, was again before the body, Mr.
Trout offering the following for its second reading and final adoption:
(#26361) AN ORDINANCE amending and reordaining Section 20-28, Tax
impos.~d, of the Code of the City of Roanoke (1979), as amended, to set
forth motor vehicle and other associated license taxes; and providing for an
effective date of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 47, page 464.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mr. Bowles and adopted by the following *otc:
AYES: Council members Butler, Garland, Harvey, Musser, Trout, Bowles
and Mayor Taylor ......................................................... 7.
NAYS: None ........................................ - ................. O.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: NONE.
OTHER HEARINGS OF CITIZENS:
TAXES: Mr. J. H. Johnson, 1103 Overland Road, S. W., appeared before
Council with regard to a recent decision of Council to request the General
Assembly to exempt Friendship Manor Apartment Village from local taxation,
and advised that the decision of Council has become very controversial with
the taxpayers. He stated that if the tax exempt status is granted, the City
will be losing approximately $40,000.00 a year in taxes; that the corporation
that owns the apartments is not used exclusively for non-profit benevolent
purposes, but operates similar to other apartment complexes in the City
which pay taxes.
Mr. Johnson expressed concern that the amount of tax exempt property in
the City is increasing steadily thereby reducing the City's tax base and if
the trend continues, Roanoke and other localities will not be able to generate
the revenue needed to finance governmental services.
Mr. Samuel P. Nackley, 1623 Sherwood Avenue, S. W., also appeared
before Council and questioned whether or not Friendship Manor Apartment
Village is a non-profit benevolent organization.
At 9:15 p.m., the Mayor declared the meeting recessed.
At 9:50 p.m., the meeting reconvened in the Auditorium of the Patrick
Henry High School, with Mayor Taylor presiding and all members of the Council
present.
YOUTH: The Mayor advised that there is a vacancy on the Youth Services
Citizen Board created by the resignation of Ms. Bonnie D. Haskins for a
term of three years ending May 31, 1985, and called for nominations to fill
the vacancy.
Mr. Garland placed in nomination the name of Mrs. Carol B. Marchal.
466
ACTION:
ATTEST:
There being no further nominations, Mrs. Marchal was elected as a
member of the Youth Services Citizen Board for a term of three years ending
May 31, 1985, by the following vote:
FOR MRS. MARCHAL: Council members Butler, Garland, Harvey, Musser,
Trout, Bowles and Mayor Taylor ........................................... 7.
PUBLIC ASSISTANCE: The Mayor advised that there is a vacancy on the
Advisory Board of Human Resources created by the resignation of Mr. Samuel M.
Stuart, ending November 30, 1985, and called'for nominations to fill the
vacancy.
Mr. Musser placed in nomination the name of Mr. David H. Sayles.
There being no further nominations, Mr. Sayles was elected as a member
of the Advisory Board of Human Resources to fill the unexpired term of Mr.
Samuel H. Stuart, resigned, ending November 30, 1985, by the following vote:
FOR MR. SAYLES: Council members Butler,' Garland, Harvey, Musser,
Trout, Bowles and Mayor Taylor ............................................ 7.
AIR POLLUTION: The Mayor advised that the terms of Messrs. James L.
Hancock, Robert E. 3ohnston, and Ruskin P. Arnold as members of the Advisory
and Appeal Board, Air Pollution Control, have expired and called for nominations
to fill the vacancies.
Dr. Butler placed in nomination the names of Messrs. James L. Hancock,
Robert E. Johnston, and Ruskin P. Arnold.
There being no further nominations, Mr. Hancock was reelected for a
term ending December 31, 1983; Mr. Johnston was reelected for a term ending
December 31, 1984; and Mr. Arnold was reelected for a term ending December 31,
1985, by the following vote:
FOR MESSRS. HANCOCK, JOHNSTON AND ARNOLD: Council members Butler,
Garland, Harvey, Musser, Trout, Bowles, and Mayor Taylor ..................... 7.
There being no further business, the Mayor declared the meeting adjourned
at 9:55 p.m.
City Clerk
APPROVED
M~yor
467
REGULAR WEEKLY SESSION .... ROANOKE CITY COUNCIL
February 14, 1983
7:30 p.m.
The Council of the City of Roanoke met in regular meeting in the Council
Chamber in the Municipal Building, City of Roanoke, on Monday, February 14, 1983, at
7:30 p.m., the regular meeting hour, with Mayor Noel C. Taylor presiding.
PRESENT: Council members Robert A. Garland, Howard E. Musser, James O.
Trout, Elizabeth T. Bowles, Wendell H. Butler, and Mayor Noel C. Taylor ............... 6.
ABSENT: Council member James G. Harvey, II ................................. 1.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager~ Mr. W. Robert Herbert,
Assistant City Manager; Mr. Wilburn C. Dibling, Jr., City Attorney; Mr. William M.
Hackworth, Assistant City Attorney; Mr. Joel M. Schlanger, Director of Finance; and
Ms. Mary F. Parker, City Clerk.
The invocation was delivered by Mayor Noel C. Taylor.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Taylor.
BID OPENINGS:
SEWERS AND STORM DRAINS: Pursuant to notice of advertisement for bids on
Bond Issue Storm Drain Project VIII, Syracuse Avenue, N. W., Jackson Avenue, S. W.,
and Aspen Street, N. W., said proposals to be received by the City Clerk until
4:30 pom., on Monday, February 14, 1983, 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 inquired if anyone had any questions about the advertisement
for bids, and no representative present raising amy 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:
J & H Grading Co., Inc.
Ray Sink Plumbing and Heating
Mullins & Jones, Inc.
H & S Construction Co.
S. C. Rossi & Co.
Aaron J. Conner General
Contractor, Inc.
E. C. Pace Co., Inc.
J. P. Turner & Brothers, Inc.
$ 46,805.95
52,370.00
56,442.50
56,923.00
59,995.00
60,857.75
62,339.00
66,673.00
ACTION:
Dr. Butler moved that the bids be referred to a committee to be appointed
by the Mayor for tabulation, report and recommendation to Council. The motion
was seconded by Mr. Musser and adopted.
ACTION: The Mayor appointed Messrs. Robert A. Garland, Chairman, Thomas F. Brady
and Richard B. Burrow as members of the committee.
PUBLIC REARINGS:
STREETS AND ALLEYS: Council at its regular meetings on Monday, November 8,
1982, Monday, December 13, 1982, and Monday, January 10, 1983, having continued
a public hearing on the request of William Lotz that an unopened paper street
between Blocks 7 and 11, Map of Washington Heights, extending from Westside
Boulevard, N. W., in an easterly direction for approximately 160 feet, be
vacated, discontinued and closed, the matter was again before the body.
468
ACTION:
Notice of the public hearing was published in the October 25, 1982,
and November 1, 1982, editions of The Roanoke Times and World-News.
Mr. Trout moved that the following Ordinance be placed upon its first
reading:
(#26375) AN ORDINANCE permanently vacating, discontinuing and closing
an unopened paper street between Blocks 7 and 11, Map of Washington Heights,
extending from Westside Boulevard, N. W., in an easterly direction for
approximately 160 feet, in the City of Roanoke, Virginia, as is more particu-
larly described hereinafter.
The motion was seconded by Hr. Garland.
A report of the City Planning Commission advising that the street
right of way is included within the area originally proposed for rezoning
from RS-3 to RD; that the rezoning request was recommended for denial by
the Planning Commission on October 6, 1982, and the rezoning recommendation
has not yet been forwarded to Council at the request of the petitioner;
and closing of the subject right of way without rezoning will create
existing residential lots without adequate public access, and unless the
property is resubdivided, these lots will become non-conforming, unbuildable
parcels.
It was pointed out that the request to close the subject right of way
was heard by Council on November 8, 1982, at which time Council voted to
continue the request to allow the petitioner time to submit a subdivision
plat resubdividing the adjacent lots; that the subdivision plat has been
submitted and approval'by the City is pending, based on Council's approval
of the street closing.
The City Planning Commission recommended that the requested street
closing be approved subject to recordation by the petitioner of an approved
plat vacating the adjacent lots, noting that the petitioner has submitted
the appropriate subdivision plat, resubdividing the adjacent lots and the
Planning Commission recommends approval of the requested street closing.
(For full text, see report on file in the City Clerk's Office.)
Mr. Edward A. Natt, Attorney, representing the petitioner, appeared
before Council in support of the request of his client.
No one appearing in opposition to the request, the following vote was
recorded on Ordinance No. 26375 on first reading:
AYES: Council members Garland, Musser, Trout, Bowles, Butler and
Mayor Taylor .............................................................. 6.
NAYS: None .......................................................... O.
(Council member Harvey was absent.)
ZONING: Pursuant to Resolution No. 25523 adopted by Council on
Monday, April 6, 1981, the City Clerk having set a public hearing on
Monday, February 14, 1983, at 7:30 p.m., or as soon thereafter as the matter
may be heard, on the request of Roanoke Fashions Company that property
located on Luck Avenue, Sixth Street and Church Avenue, S. W., designated
as Official Tax Nos. 1113501 - 1113507, inclusive, and 1113305, 1113318
and 1113304, be rezoned from C-4, Central Business Expansion District, to
LM, Light Manufacturing District, the matter was before the body.
Notice of the public hearing was published in the January 28, 1983,
and the February 4, 1983, editions of The Roanoke Times and World-News.
ACTION: Mr. Trout moved that the following Ordinance be placed upon its first
reading:
469
ACTION:
(#26376) AN ORDINANCE to amend Sections 36-3 and 36-4, Code of the
City of Roanoke (1979), aa amended, and Sheet No. 111, Sectional 1976 Zone
Map, City of Roanoke, in relation to Zoning.
The motion was seconded by Mrs. Bowles.
A report of the City Planning Commission recommending approval of the
request, advising that the rezoning is compatible with existing land use
patterns, consistent with the Comprehensive Plan and will not have an
adverse negative impact and will bring an existing non-conforming use into
conformance with zoning regulations, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Edward A. Natt, Attorney, representing the petitioner, appeared
before Council in support of the request of his client.
No one appearing in opposition to the request, the following vote was
recorded on Ordinance No. 26376 on first reading:
AYES: Council members Garland, Musser, Trout, Bowles, Butler and
Mayor Taylor ............................................................... 6.
NAYS: None .......................................................... O.
(Council member Harvey was absent.)
ZONING: Pursuant to Resolution No. 25523 adopted by the Council on
Monday, April 6, 1981, the City Clerk having set a public hearing on Monday
February 14, 1983, at 7:30 p.m., or as soon thereafter as the matter may
be heard, on the request of Union Oil Company of California, that property
consisting of 0.535 acres, located on the westerly side of Peters Creek
Road, N. W., Route 117, and designated on Roanoke City Appraisal Map as
Official Tax No. 2770105, be rezoned from C-i, Office and Institutional
District, to C-2, General Commercial District, the matter was before the
body.
Notice of the public hearing was published in the January 28, 1983,
and February 4, 1983, editions of The Roanoke Times and World-News.
Mr. Trout moved that the following Ordinance be placed on its first
reading:
(#26377) AN ORDINANCE to amend Sections 36-3 and 36-4, Code of the
City of Roanoke (1979), as amended, and Sheet No. 277, Sectional 1976 Zone
Map, City of Roanoke, in relation to Zoning.
The motion was seconded by Mr. Garland.
A report of the City Planning Commission recommending that the request
be approved for the following reasons: the request is compatible with the
neighborhood land use and zoning patterns, traffic impact will be minimal,
neighborhood impact is not anticipated to be significant, and C-2 zoning
is consistent with the City's Comprehensive Plan, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. W. Heywood Fralin, Attorney, representing the petitioner, appeared
before Council in support of the request of his client.
No one appearing in opposition to the request, the following vote was
recorded on Ordinance No. 26377 on first reading:
47O
AYES: Council members Garland, Husser, Trout, Bowles, Butler and
Mayor Taylor ........................................................... 6.
NAYS: None ........................................................ 0.
(Council member Harvey was absent.)
ZONING: Pursuant to Resolution No. 25523 adopted by the Council at
its regular meeting on Monday, April 6, 1981, the City Clerk having set a
public hearing on Monday, February 14, 1983, at 7:30 p.m., or as soon there-
after as the matter may be heard, on a proposed amendment to Section 36-2
and Section 36-62 of the City's Zoning Ordinance pertaining to the repair
of radios, televisions and fractional horsepower motors as a home occupation
within residential districts, the matter was before the body.
Notice of the public hearing was published in the January 28, 1983,
and February 4, 1983, editions of The Roanoke Times and World-News.
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#26378) AN ORDINANCE amending the definition of "Home Occupation"
in Section 36-2 and adding a new subsection (9) to Section 36-62, Code
of the City of Roanoke (1979), as amended, in order to make repair shops
for radios, televisions and fractional horsepower motors uses permitted by
special exception in certain zoning districts.
The motion was seconded by Mr. Garland.
A report of the City Planning Commission recommending that the proposed
text amendment be approved in accordance with the request of Council, was
before the body.
(For full text, see report on file in the City Clerk's Office.)
No one appearing with regard to the proposed amendment, the following
vote was recorded on Ordinance No. 26378 on first reading:
AYES: Council members Garland, Musser, Trout, Bowles, Butler and
Mayor Taylor ............................................................. 6.
NAYS: None ....................................................... -0.
(Council member Harvey was absent.)
SOLICITATION: Council having set a public hearing on a proposed
amendment to the City Code establishing certain limitations on door-to-door
sales in the City on Monday, February 14, 1983, at 7:30 p.m., or as soon
thereafter as the matter may be heard,, the matter was before the body.
Notice of the public hearing was published in The Roanoke Times and
World-News on February 4, 1983.
On February 7, 1983, the City Attorney submitted a written report
transmitting a draft Ordinance establishing certain limitations on evening
door-to-door sales in the City. He advised that the proposed ordinance
would prohibit all door-to-door sales of items and services between certain
hours except for those sales and services which are exempt from local
regulation i.e.: (1) licensed insurance salesmen, (2) persons offering
newspapers for sale and (3) persons offering fresh farm products for sale.
Mr. Dibling stated that it is his opinion that prohibiting such sales
after the hour of 8:00 p.m., as suggested by Council member Harvey, would
be a reasonable control.
(For full text, see report on file in the City Clerk's Office.)
471
ACTION:
Copy of a communication from Mr. Mario Brossi, Attorney, Government
Relations, Direct Selling Association, Washington, D.C., advising that the
proposal to limit the hours of door-to-door solicitation scans to be
motivated by safety concerns; that they recognize their method of retailing
suffers when potential customers are not comfortable answering their doors
after dark; therefore, they favor enactment of ordinances which establish
reasonable hours of solicitation, so long as direct sellers can make calls
during the first hours of the evening; thus, an ordinance permitting
solicitation from 9:00 a.m., to 9:00 p.m., would be supported by the
Direct Selling Association, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
A mailgram from World Book, Inc., advising that they have no objec-
tion to an ordinance which contains reasonable limitations on the hours of
solicitation, but would strongly urge the adoption of the hours of 9:00
a.m., to 9:00 p.m., to insure that calls may be made during daylight hours
during the summer months.
(For full text, see mailgram on file in the City Clerk's Office.)
The Mayor advised that a number of persons have requested time to
address Council with regard to the issue; whereupon, Mr. Garland moved
that each person be allotted five minutes each in which to make his or her
presentation. The motion was seconded by Mr. Trout and adopted.
Mr. Kevin Kays, representing Roanoke Valley Cablevision, appeared
before Council and requested that the sales people with Roanoke Valley
Cablevision be exempt from the curfew, advising that a curfew of 8:00
p.m., would greatly hinder their efforts; that Roanoke Valley Cablevision
is governed by the City Government and they feel they should be added to
the exempt status.
Mr. Len F. DeShano, representing Electrolux, appeared before Council
and requested that the ordinance not ~e adopted because there are many
hundreds of people who are involved in direct sales, either part-time or
full-time, of which a great deal of revenue comes to the City in the form
of tax income. He said the ordinance discriminates because it exempts
people in the insurance business, newspaper carriers, and sellers of
fresh farm products. Mr. DeShano stated that if there is a problem with
door-to-door sales, the proble~ should be brought to the attention of the
people who are directly involved and allow them to police the situation.
Mr. John R. Hanson, Division Manager of World Book Childcraft, appeared
before Council and advised that if there is any problem in door-to-door
sales, he would be willing to work with the proper authorities to correct
that problem.
Mr. Robert Murr, 4441 Stonewall Road, N. W., appeared before Council
and advised that his present job dictates that he work in the evening hours
because company policy requires that he not go into a home unless both
husband and wife are present; that his source of income will suffer if the
8:00 p.m., curfew is imposed, and requested that Council not adopt the
proposed ordinance.
Mr. J. M. Williams, District Manager, World Book Childcraft, appeared
before Council and advised that he does not understand how an ordinance
that keeps him or anyone else from knocking on a door will curb any activity
of crime in this City or any City in the country.
Mr. M. J. Beighley, 1039 Country Club Drive, N. W., appeared before
Council and requested an interpretation of the ordinance, whether it
applies to knocking on doors or selling merchandtze after 8:00 p.m.
472
ACTION:
The City Attorney addressed the matter of exe~ptiona, advising that
state enabling legislation requires that the three exemptions in any
ordinance which regulates door-to-door sales is as follows: (1) inaurance
industry, (2) persons offering newspapers for sale, (3) persons offering
fresh farm products for sale. He stated that Council has no discretion
with respect to ~hese exemptions.
Mr. Dibling pointed out that there have been several questions raised
with regard to the appointment situation and the ordinance has no application
to appointments and relates only to those persons going door-to-door "cold".
With reference to religious organizations, he said the ordinance only
applies to the sale of an item or a service, and a religious organization
is not selling any item, product or service; therefore, the ordinance has
no application to the traditional endeavors of religious organizations,
nor does it have any application to political campaigns or political
workers because they are not selling a product or a service.
Mr. George R. Dummett, 5033 Craun Lane, S. W., appeared before Council
and requested that Council not place anymore restrictions on the free
enterprise system.
Mr. Raymond R. Robrecht, Attorney, representing Mr. Goodpicture which
is a company that engages in home solicitation sales of encylopedias,
medical dictionaries and other dictionaries, appeared before Council and
inquired if the potential ill effects of the ordinance do not outweigh the
possible benefits when one looks at the categories that are going to have
to be exempted by state law. He said he does not think any crime problems
are going to be solved; and there are some serious equal protection of the
law questions, Constitutional questions, etc., regarding such a restriction.
He urged that Council not pass the ordinance, but if it does enact the
ordinance, he requested that the provisions be changed to no home solicita-
tion after the hour of 9:00 p.m., and that the provision of an appointment
be included in the proposed ordinance.
Mr. Leroy C. Roberts, 3605 Rolling Hill Avenue, N. W., appeared
before Council and advised that the City of Roanoke already has an ordinance
that addresses itself to the misconduct problem. He asked if the intent
of the ordinance is to control conduct or to control free trade. He said
that people in the industry are willing to work with the City to address
problem areas if ~here any.
Mr. J. H. Johnson, 1103 Overland Road, S. W., appeared before Council
and spoke in support of permitting door-to-door sales from 8:00 a.m.,
until 5:00 p.m., and if persons desire to solicit door-to-door after 5:00 p.m.,
that it be approved by appointment only, noting that many elderly people
retire at 8:00 p.m.
The Mayor advised that it was agreed by Council at its regular
meeting on Monday, February 7, 1983, that the public hearing will be held
on Monday, February 14, 1983; however, the vote on the proposed ordinance
will not be taken until the regular meeting of Council on Monday, February 28,
1983, at 2:00 p.m..
Mr. Garland moved that the public hearing be continued until the
regular meeting of Council on Monday, February 28, 1983, at 2:00 p.m.
motion was seconded by Mr. Trout and adopted.
The
ZONING: Pursuant to Resolution No. 25523 adopted by the Council at
its regular meeting on Monday, April 6, 1981, the City Clerk having set a
public hearing on Monday, February 14, 1983, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of Mr. James F.
Douthat, Attorney, representing Region Properties, Inc., that a certain
tract of land containing approximately 30.29 acres, more or less, and
situated between Ogden Road and Colonial Avenue, S. W., being a portion of
the property designated on Tax Appraisal Map of the City of Roanoke as
Official Tax No. 1490201, be rezoned from RS-i, Single Family Residential
District, to RG-1, General Residential District, subject to certain proffered
conditions, the matter was before Council.
ACTION:
473
Notice of the public hearing was published in the January 28, 1983,
and February 4, 1983, editions of The Roanoke Times and World-News.
Mr. Musser moved that the ordinance rezoning the property be placed
upon its first reading. The motion was seconded by Dr. Butler.
A report of the City Planning C~ission recommending approval of the
rezoning, subject to proffered conditions, and additionally recommending
that the City work with the County and State Highway Department for an
immediate solution on signalizing the Ogden Road/Colonial Avenue intersection,
including pass-thru lanes, was before Council. It was further pointed out
that the Planning Commission recommended approval of the request as proffered
for the following reasons:
existing public services and facilities are adequate to serve the
proposed developments;
request is compatible with the existing neighborhood land use and
zoning patterns; and
RG-1 zoning is consistent with the intent of the City's Comprehen-
sive Plan.
(For full text, see report on file in the City Clerk's Office.)
The City Attorney submitted a written report advising that Section
62(5) of the Roanoke CHarter of 1952 provides that a rezoning must be
favorably voted on by five-sevenths of all of the members of Council
whenever such a written protest is filed that has been signed by "the
owners of twenty per centum or more either of the area of the lots included
in each proposed change, or of those immediately adjacent in the rear
thereof, or of those directly opposite thereto."
Mr. Dibling advised that the owners of certain property and lots ad-
Jacent to the parcel which Region Properties, Inc., is seeking to have
rezoned have filed with Council a written protest opposing the rezoning,
and transmitted copy of the petition. He pointed out that in order to be
able to portray graphically which owners of lots adjacent to the parcel to
be rezoned have signed the protest filed with Council, the Office of
Community Planning has prepared a map showing these lots, their tax numbers,
the street addresses of the structures on the lots, if any, and the owners
of the lots, and those lots, the owners of which have signed the written
protest, have been indicated by cross-matching on the map.
The City Attorney advised that of the approximately twenty-five parcels
of land adjacent to the property to be rezoned, the owners of thirteen have
validly signed the protest, owners, of three of the eight parcels located
in the City have signed the protest; that of the seventeen in the County,
ten have validly signed the protest; that in this regard, case law is
quite clear to the effect that the City must give as much consideration to
this matter to the nonresident property owners who have protested as it
would give to its own residents.
Mr. Dibling pointed out that while the meaning of the twenty per
cent protest clause as set out in Section 62(5), of the' Charter is not all
that clear as applied in the instant case, it is his opinion that by any
reasonable interpretation of Section 62(5), sufficient property owners
have signed the protest to invoke the requirement that a minimum of five
members of Council vote in favor of the rezoning for it to be approved.
(For full text, see report on file in the City Clerk's Office.)
Mr. James F. Douthat, Attorney, representing the petitioner, appeared
before Council and advised that this development has been in the planning
stages for approximately two years. He said that townhouses are proposed
474
on the 30.29 acre site which is the old Jefferson Hills Golf Course
located between Ogden Road and Colonial Avenue. He presented aerial
photographs of the surrrounding propertY. He said his client has a large
tract of land that the developers must use to its highest and best use to
have a saleable commodity, and Council has the responsibility to the City
to be certain that it is put to its highest and best use to bring in not
only income to the City of Roanoke, but also to be compatible with the
types of homes in the surrounding neighborhood. He stated that Region
Properties is proposing a multi-purpose family zoning with not more than
170 tuwnhouse units, 3.7 units per acre. He referred to a proposed deed '
that 16.20 acres on the eastern side of Murray Run will be conveyed to
the City with certain restrictions as an open space preserve. He referred
to a natural buffer along Colonial Avenue of a staggered row of evergreen
trees planted at ten foot staggered centers, six between and eight feet in
height.
If 170 units are constructed~ Mr. Douthat said it is estimated that
the increase in the tax base for the City of Roanoke will be $12,750,000.
He said problem areas with the residents are as follows: (1) the general
feeling that the project might devalue other property in the area, Mr.
Douthat submitting that this is not the case in that his client will build
a very fine project consisting of 170 units; (2) the fear that the project
will increase flooding, advising that drainage will be improved by dedicating
the 16.20 acres to the City, that it will increase the flood plain and by
increasing the flood plain, more water will be held or retained south of
Colonial Avenue; (3) increased traffic, Mr. Douthat advising that the
project has not caused the difficulties presently existing in the Ogden
Road, Colonial Avenue area, but is the catalyst that brought the matter to
light, advising that the contribution of automobile trips per day created
by the 170 dwelling units will equal 950, and there have been meetings
between representatives of Roanoke City, the Virginia Department of High-
ways and Transportation and Roanoke County on the traffic situations.
Mr. Douthat advised it is anticipated that 40 units per year will be
constructed so that the full impact of the total development will not be
felt for a four year period; i.e.: 40 units in June, 1984, a total of 80
units by June, 1985, 120 units by June, 1986, and a full complement (170
units) by 1987; therefore, there is sufficient time for traffic problems
presently existing on Colonial Avenue to be addressed by the governmental
bodies involved.
Mr. Douthat summarized the following four proffered conditions before
Council:
(1) no more than 170 units will be constructed on the site; (2) 16.20
acres will be given to the City as an open space preserve that the developer
can do nothing with in the future and seven specific items will be listed in
the deed to be accomplished by the developer in consideration of the City
accepting the land as an open space preserve; (3) the only means of ingress
and egress from the property sought to be rezoned will be via an entranceway
and access road from Ogden Road and there will be no access to the property
from Colonial Avenue; (4) no structures or improvements will be constructed
within 100 feet of the boundary of the property sought to be rezoned adjacent
to Colonial Avenue.
Mr. J. R. King, Vice-President, Syndor-Hunt Corporation, appeared
before Council and advised that Syndor-Hunt has not at any time opposed
the development, but has been trying to bring to the City Planning Commission
and to Roanoke County's consideration the situation about the traffic that
will occur after these developments are built, advising that representatives
of the City of Roanoke, Roanoke County and the Virginia Department of High-
ways have met and discussed the signalization with construction of turning
lanes for Colonial Avenue and Ogden Road, and discussions in this regard will
continue in the future; therefore, Sydnor-Hunt recommends that the development
be approved.
475
Mr. James E. Buchholtz, Roanoke County Attorney, appeared before
Council on behalf of the Roanoke County Board of Supervisors, and advised
that the Board is not opposed to the rezoning; that the general philosophy
of the Board is that development of property in the valley, whether it be
in the City or County, needs to be to the highest and best use of the
property; however, the Board of Supervisors is extremely concerned about
the Ogden Road-Colonial Avenue intersection. He requested that Council
consider the intersection and the problems generated at the intersection
of Ogden Road and Colonial Avenue, advising that meetings have commenced
between the State Department of Highways, the County and representatives
of the City and there has been some discussion of this problem. He said
some kind of control of the intersection is needed; that the proposed
development will not be the sole cause of the traffic problems in the area,
but it will contribute to an already existing problem; and on behalf of
the Board of Supervisors, Mr. Buchholtz advised that the Board would
appreciate Council's consideration and recognition of that problem and
Council's seeking to deal with the problem in a way that would benefit all
citizens of the valley -- the City and the County alike.
Mr. Joseph George, 355 Elm Avenue, S. W., appeared before Council and
advised that all efforts and plans by the developer will be for the better-
ment of the community; that whatever problems may be generated can be
rectified; that he is in favor of the development and hopefully over the
years there will be more developments of this nature. He said it appears
the ultimate benefits to the City as a whole outweigh the liability; that
the offer of sixteen acres of open space is most generous and the area in
question can use this type of development to the advantage of all citizens.
Mr. James M. Roe, Jr., Attorney, appeared before Council and advised
that he represents some of the neighborhoods in Fralin Park and was instru-
mental in obtaining petitions to the rezoning showing opposition pursuant to
Section 62 of the City Charter. He presented additional petitions signed
by one hundred thirty-seven persons, fifty-six of which are in Fralin Park
#1, forty of which are in Fralin Park #2, nineteen from Wright Road and
twenty-two from the Georgetown Park area. He said the main thrust of opposi-
tion of all the petitioners is traffic congestion, traffic hazards, health
hazards, possible flooding and devaluation of property, He called attention
to the fact that over 50 per cent of the residents are opposed to the
rezoning. · ·
The following points were made by Mr. Roe:
(1) the highest and best use of the land is for the developer;
(2) the buffer is somewhat one-sided and should be placed all around
the area;
(3) the traffic counts were conducted at a time when Virginia Western
Community College was closed;
(4) the dual exit on Ogden Road is something new and is something
the City and County would have to work out;
(5) Roanoke County advises they are not against the rezoning, but
recognizes that there is a traffic problem;
(6) there is a safety problem, and a morale problem with the adjoining
single family residents who have lived in the area through the years;
(7) the developers have not proven that denial of the rezoning precludes
them from obtaining the beneficial use of the property, contending that
the tax dollars will be just as great if 90 single family homes are constructed
as opposed to 170 townhouses;
(8) this is a dow-nzoning of the area and there has been no change of
circumstances in the surrounding single family homes;
476
(9) a zoning must be approved on a rational basis in a class to apply
to all persons, and the proposed rezoning does not apply to all single
family homes.
In closing, Hr. Roe stated that the neighborhood will not benefit,
the public will not benefit, and it is a single purpose development for
the developer.
Mr. W. B. Overstreet, 3387 Pasley Avenue, $. W., appeared before
Council and advised that the highest and best use of the land is something
that can be debated from many angles. He said at one point, Mr. Strauss
advised of his intention to construct a ten million dollar project, tonight
his attorney advised that they wish to construct a twelve and three-
fourths million dollar project, advising it is great that they want to
continue improving upon the value of the project, and he hopes they keep
on improving upon it until they get to the point where it belongs, single
family dwellings, which will provide better than a fifteen million dollar
project. He said the City has a problem in taking 16.20 acres of land
off of the tax roles, with a constant maintenance cost to the taxpayers.
Mr. Guy Pendleton, 3316 Woodland Drive, S. W., Roanoke County, appeared
before Council and advised of the treacherous traffic conditions presently
existing on Ogden Road and Colonial Avenue.
Mr. J. H. Johnson, 1103 Overland Road, S. W., appeared before Council
and advised that he is opposed to the City owning any additional property
from which it cannot derive some source of income, and the taxpayers
cannot afford to lose any additional revenue.
Mr. Trout inquired if there is any objection to Region Properties
continuing to own the 16.20 acres and that it remain open space land;
whereupon, Mr. Douthat advised that when he spoke to the residents in the
area, in saying to them that his clients would give the land to the City,
they were saying that the land would be open space land, and if the conditions
can be rewritten, with the assistance of the City Attorney, so that the
land can be maintained as open space land, there will be no problem,
advising that his concern is to get the same restrictions on the property.
Mr. Douthat advised ~hat on behalf of his client, he is willing to
amend the petition to provide that no structures or improvements will be
constructed in a tract designated as 16.20 acres; and the area will remain
in a natural state, etc.
Mr. Richard B. Burrow, City Engineer, reviewed the results of the traffic
study referred to throughout the public hearing. He referred to a statement
made by Mr. Roe relative to the traffic count taken on Colonial Avenue, advising
that the traffic count was taken in the early part of December and Virginia
Western Community College was not in full session at that time, nonetheless,
the traffic was counted to include VWCC in that 1500 trips per day were added
to the actual count taken along Colonial Avenue. He said the traffic count
revealed that on Colonial Avenue, since the expressway opened approx/mately
two years ago, the traffic volumes have actually decreased by an average
of 500 vehicles in each of the last two years.
Mr. Burrow advised that as a result of meetings held with the City
and the State Highway Department, Roanoke County is currently working
toward including in the next two years of their six year plan, the signalization
of Ogden Road and Colonial Avenue, with preliminary cost est/mates at this
time being approximately $100,000 to acquire additional right of way which
is needed and installation of the traffic signal; and by the summer of
1984, it is hoped that there will be a traffic signal at Colonial Avenue
and Ogden Road, and there will also be the additional traffic lanes for turning
movements, etc.
With regard to the flood plain along Murray Run, Mr. Burrow advised
that during five and ten year storms, there is a fair amount of flooding
477
that occurs in certain areas of Murray Run; that City representatives
have worked with the developer's engineer to develop a rather extensive
retention area plan as a part of the development of this project; that
the project, once developed, will actually decrease th~ amount of runoff
felt in a five year storm on the downstream end of Murray Run, i.e.,
there will be a decrease in the amount of water realized in almost all of
the average rains on the north side of Colonial Avenue.
In further discussion, Mr. Douthat advised that the townhouses will
start at $75,000.00 per unit and increase according to how they are developed
by potential clients.
Mr. Trout offered a substitute motion that the matter be referred to
the City Attorney to work with Mr. Douthat regarding proposed changes to
the proffered conditions to help alleviate certain concerns expressed by
the residents, and that the public hearing be continued until the regular
meeting of Council on Monday, February 28, 1983, at 2:00 p.m. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council members.Garland, Musser, Trout, Bowles,. Butler and
Mayor Taylor ............................................................ 6.
NAYS: None ........................................................ 0.
(Council member Harvey was absent.)
At 10:20 p.m., the Mayor declared the meeting recessed.
At 10:35 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding and all members of the Council present, with the
exception of Council member Harvey.
CONSENT AGENDA:
The Mayor advised that all matters listed on the Consent Agenda are
considered to be routine by the members of Council and will be enacted by
one motion in the forms listed on the Consent Agenda and if discussion is
desired, that item will be removed from the Consent Agenda and considered
separately. He called attention to a request for an Executive Session to
discuss a personnel matter relating to vacancies on various authorities,
boards, commissions and committees appointed by Council, and that the
City Manager has orally requested an Executive Session to discuss matters
with regard to acquisition of property for public uses and publicly held
property.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters pertaining to vacancies on
various authorities, boar~s, commissions and committees appointed by Coun-
cil, 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 to convene in
Executive Session to discuss personnel matters pertaining 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 Dr. Butler and adopted by the following
vote:
AYES: Council members Garland, Musser, Trout, Bowles, Butler and
Mayor Taylor .............................................................. 6.
NAYS: None ......................................................... O.
(Council member Harvey was absent.)
478
ACT iON:
ACTION:
ACTION:
ACTION:
BUDGET-STATE COMPENSATION BOARD-TREASURER-COMMISSIONER OF REVENUE-
SHERIFF-COMMONWEALTH'S ATTORNEY: A communication from the State Compensation
Board requesting an expression as to policy concerning salary increases
for Roanoke City employees and recommendations in regard to the budget
requests filed by the Constitutional Officers, was before Council.
(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 handling as he deems appropriate. The motion was seconded by
Dr. Butler and adopted by the following vote:
AYES: Council members Garland, Musser, Trout, Bowles, Butler and
Mayor Taylor~ ....... ~--c ................ A .............................. 6.
NAYS: None ......................................................... 0.
(Council member Harvey was absent.)
DIRECTOR OF FINANCE-BILLINGS AND COLLECTIONS: A report of the Director
of Finance with regard to Billings and Collections operations for the period
October through December, 1982, 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 Dr. Butler and adopted by the following vote:
AYES: Council members Garland, Musser, Trout, Bowles, Butler and
Mayor Taylor ............................................................ 6.
NAYS: None ........................................................ 0.
(Council member Harvey was absent.)
HEALTH DEPARTMENT: The qualification of Mrs. Harriett M. McClung as
a member of the Mental Health Services Board for a term of three years
ending December 31, 1985, was before Council.
(For full text, see Oath 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 Dr. Butler and adopted by the following
vote:
AYES: Council members Garland, Musser, Trout, Bowles, Butler and
Mayor Taylor ............................................................. 6.
NAYS: None ......................................................... 0.
(Council member Harvey was absent.)
PLANNING: The qualification of Mr. Charles A. Price, Jr., as a
member of the City Planning Commission for a term of four years ending
December 31, 1986, was before Council.
(See Oath 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 Dr. Butler and adopted by the following
vote:
AYES: Council members Garland, Musser, Trout, Bowles, Butler, and
Mayor Taylor ............................................................. 6.
NAYS: None ......................................................... 0.
(Council member Harvey was absent.)
ACTION:
ACTION:
TRAFFIC: The qualification of Dr. Lee S. Anthony as a member of the
City of Roanoke Transportation Safety Commission for a term of four years
ending October 31, 1986, was before Council.
(See Oath of Office on file in th~ City Clerk's Office.)
Mrs. Bowles moved that the report of qualification be received and
filed. The motion was seconded by Dr. Butler and adopted by the following
vote:
AYES: Council members Garland, Musser, Trout, Bowles, Butler and
Mayor Taylor ............................................................. 6.
NAYS: None ......................................................... O.
(Council member Harvey was absent.)
COUNCIL: The City Manager orally requested that Council meet in
Executive Session to discuss matters with regard to acquisition of property
for public purposes and publicly held property pursuant to Section 2.1-344
(a) (2) of the Code of Virginia, 1950, as amended.
Mrs. Bowles moved that Council convene in Executive Session to discuss
matters with regard to acquisition of property for public purposes and
publicly held property pursuant to Section 2.1-344 (a) (2) of the Code of
Virginia, 1950, as amended. The motion was seconded by Dr. Butler and
adopted by the following vote:
AYES: Council members Garland, Musser, Trout, Bowles, Butler and
Mayor Taylor .............................................................. 6.
NAYS: None .......................................................... O.
(Council member Harvey was absent.)
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMLrNICATIONS:
PARKS AND PLAYGROUNDS: The Mayor presented a communication advising
that a Citizens' Advisory Committee composed of 23 local citizens was
appointed by Council on July 14, 1980, to assist in the development of a
comprehensive parks and recreation plan for the City of Roanoke; that on
April 13, 1981, Council adopted an action plan recommended by the Citizens'
Advisory Committee to guide future park improvements, and the Citizens'
Advisory Committee has been inactive since the adoption of the action
plan.
He pointed out that on March 15, 1982, Council concurred in a
report of the City Manager recommending that the Citizens' Advisory
Committee be reactivated when substantial funds are available for the
action plan implementation; that he is advised that $1.5 million in bond
funds are currently available for general park improvements, and an action
plan implementation program with priority pro~ects is needed to target
these and any other funds that may become available for park improvements.
With the concurrence of Council, the Mayor advised that he would like
to reactivate the Citizens' Advisory Committee to review the action plan
and recommend an implementation program to Council.
(For full text, see communication on file in the City Clerk's Office.)
ACT ION:
ACT ION:
Mr. Trout moved that the matter be discussed in Executive Session
pursuant to Section 2.1-344 (a) (1) of the Code of Virginia, 1950, as
amended. The motion was seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council members Garland, Musser, Trout, Bowles, Butler and
Mayor Taylor ......................................................... 6.
~YS: None ...................................................... O.
(Council member Harvey was absent.)
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
FIRE DEPARTMENT: The City Manager submitted a written report advising
that at the November 8, 1982, meeting Council requested him to investigate
the feasibility of removing the municipal fire alarm boxes throughout the
City, advising that the street municipal fire alarm box system provides a
valuable service and it should be maintained if the number of false alarms
from the street boxes can be substantially reduced; therefore, the Administra-
tion is planning to solicit the assistance of the neighborhood groups in a
final attempt to reduce the number of false alarms. He further advised
that the effectiveness of these efforts will be evaluated after the program
involving the citizens, organized neighborhood groups and enhanced public
information, have been implemented for a reasonable period of time.
(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 Dr. Butler and adopted.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-STATE HIGHWAYS: The City Manager submitted a written report
in connection with the City-State Agreement for the Hershberger Road
Project, Interchange Construction, advising that the Virginia Department
of Highways and Transportation is now ready to award the project and begin
construction of the necessary interchange and related work; that the City
must execute the City-State Agreement before the contract can be awarded
by the Virginia Department of Highways and Transportation; that the City's
share of the cost of this project is $2,625,376.83; that Hersch Associates,
by agreement adopted pursuant to Ordinance No. 24141 agreed to all costs
associated with the interchange construction which exceeded the first $1,500,000;
that a Letter of Credit has been received by the City from Hersch Associates
for $1,001,365.47, in a form acceptable to the City Attorney and Director of
Finance, with Hersch Associates being responsible for all progress payments
due during construction of the interchange after the City has paid the first
$1,500,000 in progress payments, and final payment is scheduled from Hersch
Associates within 30 days of completion of the project.
It was noted that additional commitments by Hersch Associates in the
original agreement include: (1) Letter of Credit for construction of 650,000
square feet of "gross leasable floor area" in the Mall and; (2) Letter of
Credit for construction of a '2,950 feet roadway' from the interchange into
Valley View Mall, and Hersch Associates has asked for a contract amendment
to provide the letter of credit for the above on July 1, 1983, which would
more closely coincide with the beginning of construction of the shopping
center.
481
The City M~nager recommended that Council approve the City-State Agreement,
and accept amendment to the Hersch Associates Agreament.: that the City Hanager
be authorized, in a form acceptable to the City Attorney, to execute the City-
State Agreement on behalf of the City; that the Mayor be authorized, in a
form acceptable to the City Attorney, to execute an a~endment to the Hersch
Associates Agreement to provide the letter of credit on the 'gross ieaseable
floor area' and ~2950 feet roadway' (items 3 (b) and 3 (c) of the original
agreament) on July 1, 1983; that funding for the project is available in
accounts as follows:
(1) City Share:
$1,624,011.36
(a) Hershberger Access
Account #A08310172503
$429~000.00
(b) Capital Improvement
Reserve
Account #A08310172701
$1,195,011.36
(2) Hersch Associates Share:
$1,001,365.47
Letter of Credit by
Agreement
(3) TOTAL for City-State Agreement
$2,625,376.83
ACTION:
ACTION:
and funding will be transferred to Hershberger Road Highway Construction
Account No. A08210191400.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency Ordinance:
(#26379) AN ORDINANCE relating to the improvement of Hershberger Road
and approving a contract to be entered into between the City and the Virginia
Department of Highways and Transportation with respect therete; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 471.)
Mr. Musser moved the adoption of the Ordinance. The motion was seconded
by Mr. Trout and adopted by the following vote:
AYES: Council members Garland, Musser, Trout, Bowles, Butler, and
Mayor Taylor ............................................................. 6.
NAYS: None ......................................................... O.
(Council member Harvey was absent.)
Mr. Musser offered the following emergency Ordinance:
(#26380) AN ORDINANCE providing for the City's amendment of a contract
dated May 22, 1978, as amended, with Hersch Associates, in order to delay the
requirement of the latter's provision of a letter of credit to assure compli-
ance with certain provisions of the contract; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 472.)
Mr. Musser moved the adoption of the Ordinance. The motion was seconded
by Mr. Trout and adopted by the following vote:
482
ACTION:
AYES: Council members Garland, Musser, Trout, Bowles, Butler and
Mayor Taylor ............................................................ 6.
NAYS: None .......................................................... O.
(Council member Harvey was absent.)
BUDGET-FIFTH DISTRICT EMPLOYMEh~I7 AND TRAINING CONSORTIUM: The City
Manager submitted a written report advising that the Fifth District Employment
and Training Consortium has received several notices of fund availability
increasing and decreasing funding allocations as follows:
$6,477.00 has been deducted from the Administrative Cost Pool to
offset disallowed costs associated with the Opportunities
Industrialization Center audits;
$26,657.00 has been deducted from fiscal year 1983 program alloca-
tion due to the Department of Labor not allowing carryover funds
from the FY'82 Summer Youth Program to the FY'83 S,~mer Youth
program;
$1,273,287.00 has been received for the operation of CETA program
in fiscal year 1983 -- total new funding authority for fiscal
year 1983 is approximately $1,659,075.00; and
$391,134.64 has been identified as unexpended appropriation in
fiscal year 1982 and can be carried forward into fiscal year
1983.
The City Manager advised that because the City of Roanoke's Finance
Department acts as the fiscal depository for Consortium funds, the Council
must appropriate the funds received from the Department of Labor to the
CETA accounts. He recommended that Council appropriate funds received from
the Department of Labor to the proper CETA accounts and reduce appropria-
tions to those programs which the Department of Labor has cut funding.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following amergency Ordinance:
(#26381) AN ORDINANCE to amend and reordain certain sections of the
1982-83 Fifth District Consortium Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 472.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was seconded
by Mr. Trout and adopted by the following vote:
AYES: Council members Garland, Musser, Trout, Bowles, Butler and
Mayor Taylor .............................................................. 6.
NAYS: None .......................................................... O.
(Council member Harvey was absent.)
FIFTH DISTRICT EMPLOYMENT AND TRAINING CONSORTIUM: The City Manager
submitted a written report transmitting a staff report explaining the require-
ments established by the Job Training Partnership Act which replaced the Com-
prehensive Employment and Training Act, and an agreement continuing the Fifth
District Employment and Training Consortium, advising that the draft of the
Consortium Agreement is basically the same as the CETA Consortium Agreement,
with technical changes to comply with the Job Training Partnership Act; and
in addition to the technical changes, as stated above, the following changes
will be made:
under CETA the City's weighted vote and percentage of liability
was 7/23
because of population change, the City's weighted vote will be
six out of twenty-two and six out of twenty-five if the City of
Salem chooses to join
483
ACTION:
ACTION:
ACTION:
The City Manager recommended that Council concur in Alternative A of the
above referred to staff report and submit an application to the Fifth District
Employment and Training Consortium, as it is currently comprised, to be desig-
nated as a Service Delivery Area; and concur with the stipulation that the
addition of the City of Salem is welcomed, if the City of Sale~ desires to
participate.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
(#26382) A RESOLUTION requesting the Governor of the Commonwealth of
Virginia to designate the jurisdictions of the Fifth District Employment and
Training Consortium as a Service Delivery Area under the Job Training Partner-
ship Act of 1982, Public Law No. 97-300 and authorizing the appropriate City
officials to execute and submit an application for Service Delivery Area
designation.
(For full text of Resolution, see Resolution Book No. 47, page 473.)
Mr. Trout moved the adoption of the Resolution.
by Dr. Butler and adopted by the following vote:
The motion was seconded
AYES: Council m~nbers Garland, Musser, Trout, Bowles, Butler, and
Mayor Taylor ............................................................... 6.
NAYS: None ........................................................... 0.
(Council member Harvey was absent.)
Dr. Butler offered the following emergency Ordinance:
(#26383) AN ORDINANCE authorizing the Mayor to execute the Revised Con-
sortium Delegation Agreement of the Fifth District Employment and Training
Consortium on behalf of the City under the Job Training Partnership Act, upon
certain terms and conditions; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 474.)
Dr. Butler moved the adoption of the Ordinance. The motion was seconded
by Mr. Trout and adopted by the following vote:
AYES: Council members Garland, Musser, Trout, Bowles, Butler and
Mayor Taylor ............................................................... 6.
NAYS: None ............................................................. O.
(Council member Harvey was absent.)
CITY CLERK:
SCHOOLS: A report of the City Clerk advising that pursuant to Section 9,
Education, of the Code of the City of Roanoke, 1979, establishing a procedure
for the election of School Board Trustees, the three year terms of Mrs. Sharon
G. Duckwall and Mr. William E. Ingram will expire on June 30, 1983, and appli-
cations for the upcoming vacancies will be received in the City Clerk's Office
until 5:00 p.m., on Thursday, March 10, 1983.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that the report be received and filed. The motion was
seconded by Mr. Yrout and adopted.
484
ACTION:
ACTION:
REPORTS OF COMMITTEES:
BRIDGES: A report of the City Planning Commission recommending that the
Route 115-116 Bridge in the southeast section of the City of Roanoke be named
Riverdale Bridge, and that a historical plaque be placed in a conspicuous
location on the bridge denoting the historical significance of the site, its
relationship to the Totera Indians, and any other pertinent information, was
before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser moved that the following Ordinance he placed upon its first
reading:
(#26384) AN ORDINANCE designating and naming a certain bridge in the
southeast section of the City as Riverdale Bridge.
The motion was seconded by Mr. Garland and adopted by the following
vote:
AYES: Council members Garland, Musser, Trout, Bowles, Butler and
Mayor Taylor ................................................................ 6.
NAYS: None .......................................................... -0.
(Council member Harvey was absent.)
SPECIAL PERMITS: A report of the City Planning Commission recommending
that the request of Fink's Jewelers for permission to install a canopy at the
entrance to 310 South Jefferson Street, be approved, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that the following Ordinance be placed upon its first
reading:
(#26385) AN ORDINANCE permitting the encroachment of a canopy to be
erected at the entrance to Fink's Jewelers, Inc., 310 South Jefferson Street,
over the public sidewalk in front of such building, but not to extend closer
than two feet from the adjacent curb line, upon certain terms and conditions.
The motion was seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council members Garland, Musser, Trout, Bowles, Butler and
Mayor Taylor ............................................................... 6.
NAYS: None ......................................................... -0.
(Council member Harvey 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 M~I~BERS OF COUNCIL: NONE.
OTHER HEARINGS OF CITIZENS:
INDUSTRIES: Mr. Thomas F. Brady, Director of Public Works, appeared
before Council and requested the concurrence of Council that bids be received
at 8:30 a.m., on Monday, February 28, 1983, to provide for rough grading for
the proposed site for Cooper Industries in the Roanoke Centre for Industry
and Technology, and further requested that the Mayor appoint a cemmittee to
tabulate the bids and submit a report and recommendation to Council at its
regular meeting at 2:00 p.m., on that date.
485
ACT ION:
Mr. Trout moved that Council concur in the request of Mr. Brady and that
the Hayor be authorized to appoint the committee. The motion was seconded
by Dr. Butler and adopted.
ACTION:
The Mayor appointed Messrs. Robert A. Garland, Chairman, Thomas F. Brady
and Kit B. Kiser as members of the committee.
The Reverend Leroy C. Roberts, 3625 Rolling Hill Avenue, N. W., appeared
before Council and complimented Council and the City Administration on their
endeavors to relocate the Cooper Industries to the City of Roanoke, and advised
that the citizens of Roanoke want to be of assistance in this regard.
At 11:05 p.m., the Mayor declared the meeting recessed.
At 11:20 p.m., the meeting reconvened in the Council Ch~ber, with Mayor
Taylor presiding and all members of the Council present, with the exception
of Council member Harvey.
LEAGUE OF OLDER AMERICANS, INC.: The Mayor advised that the one year
term of Mr. James D. Ritchie as a City representative to the League of Older
Americans Board of Directors will expire on February 28, 1983, and called
for nominations to fill the upcomin~ vacancy.
Mr. Garland placed in nomination the name of Mr. James D. Ritchie.
There being no further nominations, Mr. Ritchie was reelected as a
member of the League of Older Americans Board of Directors for a term of one
year ending February 28, 1984, by the following vote:
ACTION:
FOR MR. RITCHIE: Council members Garland, Musser, Trout, Bowles, Butler
and Mayor Taylor ............................................................. 6.
(Council member Harvey was absent.)
CELEBRATIONS: The Mayor advised that Council previously agreed to appoint
a Special Events Committee to plan events, activities and other programs that
will carry on the spirit of the Centennial year; whereupon, Mayor Taylor opened
the floor for nominations.
Dr. Butler placed in nomination the names of Mr. Barton W. Morris, Ms.
Rose Ann Burgess~ Mr. John S. Voit, Mrs. Carol B. Dalhouse, Mr. Edward S.
Allen, Mr. David G. Helmer, Ms. Dana B. Lee, Ms. Katherine L. Roche, Ms. Helen
B. Anderson and Ms. Marionette Sprauve.
There being no further nominations, Mr. Morris, Ms. Burgess, Mr. Voit,
Mrs. Dalhouse, Mr. Allen, Mr. Helmet, Ms. Lee, Ms. Roche, Ms. Anderson and
Ms. Sprauve were elected as members of the Special Events Committee for
terms ending June 30, 1983, by the following vote:
FOR MR. MORRIS, MS. BURGESS, Mit. VOIT, MITS. DALHOUSE, MR. ALLEN, MR.
HELMER, MS. LEE, MS. ROCHE, MS. ANDERSON AND MS. SPRAUVE: Council members
Garland, Musser, Trout, Bowles, Butler and Mayor Taylor ................. 6.
(Council member Harvey was absent.)
There being no further business, the Mayor declared the meeting adjourned
at 11:25 p.m.
APPROVED
ATTEST:
City Clerk
Mayor
486
WEEKLY SESSION ..... ROANOKE CITY COUNCIL
February 28, 1983
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the Council Chamber
in the Municipal Building, City of Roanoke, on Monday, February 28, 1983, at 2:00 p.m.,
the regular meeting hour, with Mayor Noel C. Taylor presiding.
PRESENT: Council members James G. Harvey, II, Howard E. Musser, James O. Trout,
Elizabeth T. Bowles, Wendell H. Butler, Robert A. Garland, and Mayor Noel C. Taylor ..... 7.
ABSENT: None ................................................................ O.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. W. Robert Herbert,
Assistant City Manager; Mr. Wllburn C. Dibling, Jr., City Attorney; Mr. William M. Hackworth,
Assistant City Attorney; Mr. Joel M. Schlanger, Director of Finance; and Ms. Mary F. Parker,
City Clerk.
The invocation was delivered by The Reverend Donald H. Traylor, Pastor, Raleigh
Court United Methodist Church.
The Pledge of Allegiance to the Flag of the United States of America was led by
Mayor Taylor.
BID OPENINGS:
ACTION:
ACTION:
CIVIC CENTER-HANDICAPPED PERSONS: Pursuant to notice of advertisement for
bids for the addition of toilets for the handicapped at the Roanoke Civic
Center, said proposals to be received by the City Clerk until 1:30 p.m., on
Monday, February 28, 1983, and to be held, opened and read before the Council
at 2:00 p.m., on that date, or as soon thereaftef 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:
Construction Services of Roanoke, Inc.
W. J. Blanc, Inc.
Homestead Corporation of Roanoke
Hodges Lumber Corporation
$18,442.00
19,945.00
20,107.00
21,751.00
Dr. Butler moved that the bids be referred to a committee to be appointed
by the Mayor for tabulation, report and recommendation to Council, The motion
was seconded by Mr. Harvey and unanimously adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman, George C. Snead,
Jr., and Bob E. Chapman as members of the committee.
SEWERS AND STORM DRAINS: Pursuant to notice of advertisement for bids
for Bond Issue Storm Drain Project IX, Red Fox Drive, N. W., Westside Boulevard,
N. W., 19th Street, N. W., Polk Street, N. W., Van Buren Street, N. W., and
Kellogg Avenue, N. W., said proposals to be received by the City Clerk until
1:30 p.m., on Monday, February 28, 1983, 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 amy 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:
487
ACT ION:
ACTION:
Aaron J. Conner General Contractor,
E. C. Pace Company, Inc.
J. P. Turner and Brothers, Inc.
J & H Grading Company, Inc.
Mullins and Jones, Inc.
H & S Construction Company
$ 88,973.50
113,020.00
115,385.00
124,457.00
134,040.00
149,851.00
Dr. Butler moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to Council.
The motion was seconded by Mr. Harvey and unanimously adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman, Thomas F. Brady
and Richard B. Burrow as members of the committee.
PUBLIC HEARINGS:
ACTION:
SOLICITATION: Council at its regular meeting on Monday, February 14,
1983, having continued the public hearing on a proposed amendment to the City
Code establishing certain limitations on door-to-door sales in the City, the
matter was again before the body.
Mr. Harvey moved that the following Ordinance be placed upon its first
reading:
(#26386) AN ORDINANCE adding a new Section 21-46, Evening door-to-door
sales; limitations, to the Code of the City of Roanoke (1979), as amended,
establishing certain limitations on evening door-to-door sales in the City.
(For full text of Ordinance, see Ordinance Book No. 47, page 485.)
The motion was seconded by Mr. Musser.
Mr. William C. Ingram, representing Rainbow of Roanoke, appeared before
Council and advised that if the proposed ordinance is adopted, it will seriously
limit many people who have chosen this line of business to make their income
inasmuch as many sales are made after 8:00 p.m. He said the ordinance is
discriminatory in that door-to-door vendors are not allowed to knock on a door
after a certain hour; however, an insurance person, a newspaper person or
someone selling fresh farm products may knock on the same door, and he ques-
tioned whether that person's knock will be any less frightening than his knock.
Since the last Council meeting, he said a Direct Sellers Association has been
formed in Roanoke, and if Council has any problems with the people in the
business of selling door-to-door, the Association requests the right to police
their members. He stated that nothing will be solved by passing the proposed
ordinance inasmuch as there are other laws on the books which will effectively
take care of the matter.
Mr. Thomas Hodges, representing Electrolux, appeared before Council and
advised that if a resident does not want a salesperson to knock on his door
after 8:00 p.m., that person could post a "no solicitation" sign on his door,
which would make more sense than enacting an ordinance that will discriminate
against certain sales people from making a living.
Mr. Dan Galvin, Assistant Manager, Electrolux, appeared before Council and
called attention to people working with Electrolux on a part-time basis, advising
that from 4:00 p.m., to 9:00 p.m., is the only time they can work as far as sup-
plementing their income. He stated that a full-time person in the business
makes most of their sales during the evening hours when people are at home follow-
ing the regular workday. He said the consumer is already protected under the
present laws and questioned why his knock on a door would be any more threatening
than that of the insurance person, the newspaper carrier or the carrier of
fresh farm products which categories are specifically exempted from the provisions
of the ordinance.
488
ACTION:
It was pointed out that the proposed ordinance has been changed since
it was before Council on Monday, February 14, 1983, to provide for solicita-
tion between the hours of 9:00 a.m., and 9:00 p.m., and the provisions of
the proposed ordinance will not apply to those sales persons who have made
prior appointments.
Following discussion of the matter, Ordinance No. 26386 was adopted on
first reading by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowles, Butler and Mayor
Taylor ..................................................................... 6.
NAYS: Council member Garland ........................................ 1.
Mr. Garland advised that he could not support the ordinance because it
does not apply to everyone (exempts persons selling insurance, persons
offering newspapers for sale, and persons offering fresh farm products for
sale), noting that it will be difficult to enforce the ordinance with the
above stated exemptions.
ZONING: Council at its regular meeting on Monday, February 14, 1983,
having continued a public hearing on the request of Region Properties,
Inc., that a certain tract of land containing approximately 30.29 acres,
more or less, situated between Ogden Road and Colonial Avenue, S. W., being
a portion of the property designated as Official Tax No. 1490201, be rezoned
from RS-I, Single Family Residential District, to RG-1, General Residential
District, subject to certain proffered conditions, the.matter was again
before the body.
Mr. Trout moved that the following Ordinance be placed upon its first
reading:
(#26387) AN ORDINANCE to amend Sections 36-3 and 36-4, Code of the
City of Roanoke (1979), as amended, and Sheet No. 149, Sectional 1976 Zone
Map, City of Roanoke, in relation to Zoning, subject to certain conditions.
The motion was seconded by Mrs. Bowles.
Mr. John McCusker, 3582 Hartland Road, $. W., appeared before Council
and advised that his pr/mary concern, and that of other property owners who
have property bordering on Murray Run, is the issue of flooding, stating
that they do not feel the problem has been adequately addressed by the
developers and the City Engineer's Department; that flooding in this area
appears to seriously increase each time a multi-dwelling development is
constructed along Murray Run; that currently when there are severe rain
storms, Murray Run rises several feet and, at times, residents have observed
raw sewage in the stream, which is apparently because Murray Run is very
close to the sewage line that runs along the area. He said he feels another
development of the nature proposed will aggravate this already existing
problem. He inquired if the rezoning is approved, what protection the
residents, whose property borders on Murray Run, will have? He said at the
present t/me a holding pond has been mentioned in this development, that
presently, there is a natural holding pond on the other side of Colonial
Avenue where the water backs up at the culvert and even with the natural
holding pond, there is still serious flooding and high water when storms
occur. Because of the potential flooding problem and other concerns expressed
by the residents at the last public hearing, Mr. McCusker requested that
the property in question not be rezoned for multi-dwelling units.
Mr. Richard B. Burrow, City Engineer, appeared before Council and
advised that the City has worked with the developer in developing what is
felt to be the necessary controls to help the flooding problem in the
Murray Run Basin on a preliminary basis, prior to the submittal of the
rezoning, to develop a course of action that will not only handle the
anticipated increase in runoff from the development, but will help flooding
489
downstream from the development at least for the ten year storm. He said
the plan as proposed is to widen out the flood plain area of the Murray Run
Basin adjacent to the development site; that the area that will be provided
in the widening out is a retention basin which will have a ten year storm
capacity, i.e., as the creek swells and water begins to flow down the creek
at an increased rate during heavy rains, it will hit the retention basin,
spread out and begin to fill up a much wider area than the normal Murray
Run Channel itself. He said the area will be widened out by bulldozing and
planting grass to help the absorption rate; that there will be a small dam
built downstream so the water will have something to build up against and
as the rains subside and flow begins to drop in the normal spring bed, the
water that is built up in the utility basin will be higher than the level
of the water in the stream and the basin will empty itself into the existing
stream bed. During the short-term rains, ten years and less, Mr. Burrow
said this particular basin will have the capacity to help residents downstream
from the basin.
If the retention pond does not adequately address the problem of
flooding, Mr. Musser inquired as to whom the residents should hold responsible
to bear the brunt of responsibility; whereupon, Mr. Burrow advised that
there are a number of retention ponds that have been developed in the City
over the past three years; that the basic policy of the City has been zero
increase in rate from runoff and the City has held each new development to that
zero increase rate of run-off policy during the last three years; that the
owner is continuously held responsible for the retention ponds to maintain
their capacity, and the City monitors the ponds to make sure that sediment
is cleaned out periodically so that the retention basin maintains its
capacity as it was originally designed to do; and the owners of the develop-
ment sign an agreement when the retention area is built that they will,
in fact, maintain the pond for the life of the facility.
Mr. W. B. Overstreet, 3387 Pasley Avenue, S. W., appeared before
Council and advised that the retention pond will not help the problems they
currently have, and requested that Council deny the rezoning.
Mr. Musser referred to the oral presentation made by Mr. Burrow relative
to the retention pond and flooding of the ~rea, advising that this information
is not included as a part of the proffered conditions, and inquired if it
should be made a part of the petition for rezoning; whereupon, the City
Attorney advised that matters of this nature are controlled by the Site
Plan Ordinance. He said the proffers made by the petitioner are voluntary
and it would be permissible if the petitioner would like to make additional
proffers.
Mr. James F. Douthat, Attorney, representing the petitioner, appeared
before Council and advised that his client would be willing to include another
proffer to the petition for rezoning pertaining to the retention pond.
The Mayor asked the direct question if provision has been included to
give protection in the event of flooding; whereupon, the City Attorney
advised that such provision is covered by the Site Plan Ordinance, and to put
the same provision in the ordinance rezoning the property would be redundant.
The City Engineer advised that the Administration tries as a part of
conditional zoning, not to get into grading plans, but when such is a proffered
element of the rezoning, he is required by law, because it becomes a part
of the Subdivision Ordinance, to enforce exactly what is included on the
grading plans; that as a part of the Site Plan Ordinance, inasmuch as the
construction of the development will take place over a three year period,
it is within his jurisdiction to require that the drainage system be built
early in the development and it will allow him a three year period while
the development is under construction to also review the system presently
existing and make sure it is adequate to handle heavy rains and it also gives
him leeway in making alternatives working with the developer to provide
greater capacity. Mr. Burrow said, in his opinion, the matter will be best
handled through provisions of the Site Plan Ordinance.
490
ACTION:
ACTION:
ACTION:
The following vote was recorded on Ordinance No. 26387 on first reading:
AYES: Council members Musser, Trout, Bowles, Butler, Garland and
Mayor Taylor ............................................................... 6.
NAYS: None ........................................................... O.
(Council member Harvey abstained from voting because, on occasion, he is
employed by Fralin and Waldron, Inc.)
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda are
considered to be routine by the members of Council and will be enacted by
one motion in the forms listed on the Consent Agenda, and if discussion is
desired, that item will be removed from the Consent Agenda and considered
separately. He called attention to one request for an Executive Session to
discuss personnel matters.
MINUTES: Minutes of the regular meeting of Council held on Monday,
February 7, 1983, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Trout moved that the reading of the minutes be dispensed with and
that the minutes be approved as recorded. The motion was seconded by
Mrs. Bowles and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowles, Butler, Garland
and Mayor Taylor ............................................................ 7.
NAYS: None ........................................................... 0.
COUNCIL: A com~unication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by Council,
pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950), as emended,
was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request to convene in
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by Council,
pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950), as amended.
The motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowles, Butler, Garland
and Mayor Taylor ........................................................... 7.
NAYS: None ........................................................... 0.
CITY TREASURER: A communication from Mr. Gordon E. Peters, Treasurer,
submitting a statement of activity for the City Treasurer's Office for the
month of January, 1983, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowles, Butler, Garland
and Mayor Taylor ............................................................ 7.
NAYS: None ............................................................ 0.
491
ACTION:
ACTION:
ACTION:
ACTION:
ROANOKE CITY ARTS COMMISSION: A c~munication from (Mrs.) gathryn R.
Willis tendering her resignation as a member of the Roanoke City Arts
Commission, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that the resignation be accepted with regret and that
the communication be received and filed. The motion was seconded by Mrs.
Bowles and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowles, Butler, Garland
and Mayor Taylor ............................................................ 7.
NAYS: None ........................................................... 0.
PLANNING: The qualification of Mr. Robert A. Garland as a member of
the Fifth Planning District Commission for a term of three years ending
December 31, 1984, was before Council.
(See Oath of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council members Harvey, Musser, Trout, Bowles, Butler, Garland
and Mayor Taylor ........................................................... 7.
NAYS: None ........................................................... O.
YOUTH SERVICES CITIZEN BOARD: The qualification of (Mrs.) Carol B.
Marchal as a member of the Youth Services Citizen Board for a term of three
years ending May 31, 1985, was before Council.
(See Oath of Office on file in the City Clerk's Office.)
Mr. Trout moved that the rDport of qualification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council members Harvey, Musser, Trout, Bowles, Butler, Garland
and Mayor Taylor ........................................................... 7.
NAYS: None ............................................................ O.
PUBLIC ASSISTANCE: The qualification of Mr. David H. Sayles as a
member of the Advisory Board of Human Resources to fill the unexpired term
of Mr. Samuel H. Stuart, resigned, ending November 30, 1985, was before
Council.
(See Oath of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council members Harvey, Musser, Trout, Bowles, Butler, Garland
and Mayor Taylor ............................................................ 7.
NAYS: None ............................................................ O.
TRAFFIC: The qualification of Mr. Robert A. Garland as a member of
the City of Roanoke Transportation Safety Commission for a term of four
years ending October 31, 1986, was before Council.
(See Oath of Office on file in the City Clerk's Office.)
492
ACTION:
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the following
AYES: Council members Harvey, Musser, Trout, Bowles, Butler,.Garland
and Mayor Taylor ............................................................ 7.
NAYS: None ........................................................... 0.
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
TAXES-COMPLAINTS: Mr. G. Marshall Mundy, Attorney, representing
Concerned Citizens of Roanoke, appeared before Council and advised that the
Concerned Citizens of Roanoke was organized to investigate the current real
estate tax assessment system of the City of Roanoke. He presented a petition
signed by 315 persons who have registered opposition to the current assess-
ment syste~. He said subsequent to their meeting on January 27, 1983, his
clients did a tremendous amount of investigation and research, that many
manhours have been spent in the Assessor's Office and valuable data has
been gathered, such information raising many questions to which satisfactory
answers have not been received. He advised that as a result of their
investigation, several weeks ago, representatives of the organization
contacted the Director of Property Tax Division of the Virginia Department
of Taxation, and requested an investigation of the City's current assessment
system and, subsequent to the organization contacting the State Department
of Taxation, Mayor Taylor also contacted them and requested that they conduct
the investigation of the system presently used in the Assessor's Office.
Mr. Mundy stated that Sections 1 and 2 of the Constitution of Virginia
provide that all real estate be assessed at its fair market value and that
all taxes shall be uniform upon the same class of subjects within the
territorial limits of the authority levying the taxes, and based upon the
investigation of his clients, it appears that the current practices of the
Roanoke Office of Real Estate Valuation violates these standards, citing
numerous cases where the assessment is substantially in excess of recent
sales prices. Mr. Mundy said there have been situations where houses next
door to each other have been valued by different methods; that it also
appears there have been substantial decreases in the assessed value of
property when there has been no change in the neighborhood, while other
property in the same neighborhood had assessments reflecting what appears
to be an unreasonable increase. He said another area of what appears to be
inequities involves the real estate analysis in that it appears the comparable
sales were gleened from a period from June 1980, to October 1982, and his
clients have been advised by persons trained in mass appraisal that the
sales in 1980 are too far in the past to be used in making this analysis,
and the sales in 1982 are too close to the new assessments. He stated that
it appears the ECCO Program utilized by the Assessor's Office is biased
toward the cost approach and does not properly take into consideration the
correlated value approach.
Mr. Mundy pointed out that another example of concern reflecting
inequality as between neighborhoods in the City of Roanoke appears to be indicat-
ed by the yardstick which was used to measure the assessments in other
areas of the City which focus on the correlated value of property and
completely ignores the cost value which seemed to be so heavily relied upon
in the South Roanoke area, and in the other areas, it appears that virtually
all assessments were unchanged from the previous year regardless of what
sales activities there were yet the cost value utilized in the South Roanoke
area reflect tremendous increases and, in short, it appears that there is
evidence of hotspotting or using a yardstick measurement of assessment in
one area of Roanoke which is different from that utilized in another area.
Mr. Mundy said that approximately 400 persons have appealed their
assessments and it is obvious that these appeals will require a tremendous
493
ACT ION:
ACTION:
ACTION:
amount of time and manpower to be processed, and requested that the increase
in assessments be held in abeyance pending the result of the investigation
of the State Department of Taxation. On behalf of the Concerned Citizens
of Roanoke, he requested that they be given an opportunity to meet with
representatives of the Virginia Department of Taxation and provide their
input and information which has been derived from their investigation
during the past several weeks.
A communication from Mayor Noel C. Taylor requesting Council's concurrence
in asking the Department of Taxation to evaluate the procedures presently
used by the Office of Real Estate Valuation, in order to assure that properties
are being assessed at true market value and proper techniques are being
used, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. J. H. Johnson, 1103 Overland Road, S. W., appeared before Council
and read a prepared statement with regard to inequities in assessments.
(For full text, see statement on file in the City Clerk's Office.)
Mr. B. W. Porterfield, 2436 Cornwallis Avenue, S. E., appeared before
Council and inquired if the State Department of Taxation recommended the
ECCO Program to the City of Roanoke; whereupon, the Director of Real Estate
Valuation responded in the negative.
Mr. Samuel Po Nackley, 1623 Sherwood Avenue, S. W., appeared before
Council and advised that he appeared before Council on February 7, 1983,
with regard to certain inequities in his property assessments, and Council
requested that Mr. McKenzie respond to his concerns, and to date he has
heard nothing from Mr. McKenzie as per his concerns. Me once again addressed
Council with regard to inequities in assessments.
Mr. George T. Hitch, President of Concerned Citizens and Taxpayers of
the City of Roanoke, appeared before Council and concurred in the comments
of Mr. Mundy, emphasizing the fact that the concerns apply to the whole
City of Roanoke, and not one area in particular, and said that the citizens
are requesting that the assessments be done in a fair, honest, intelligent
and proper manner.
Mr. Trout moved that Council concur in the Mayor's request that the
State Department of Taxation evaluate the procedures presently used by the
Office of Real Estate Valuation in the City of Roanoke. The motion was
seconded by Mr. Harvey and unanimously adopted.
Mr. Harvey moved that the City Attorney be instructed to investigate
whether or not it is legally permissible to postpone payment of October
real estate taxes until the entire assessment question has been resolved.
The motion was seconded by Mr. Trout and unanimously adopted.
Mr. Trout moved that the request of Mr. Mundy that all 1983 assess-
ments be held in abeyance until the investigation by the State Department
of Taxation has been completed, be referred to the City Attorney for study,
report and reco~endation to Council. The motion was seconded by Mrs.
Bowles and unanimously adopted.
At 4:00 p.m., the Mayor declared the meeting recessed.
At 4:15 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all members of the Council present.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
494
ACTION:
BRIEFINGS:
CITY ~LOYEES-PAY PLAN: The City Manager submitted a written report
advising that on December 20, 1982, a report was presented to Council on
temporary assignment of duties of other job classifications to employees in
the City of Roanoke and Council requested information as to the potential
cost for additional compensation for temporary assignment beyond day one.
Mr. Ewert advised that temporary assignment of duties, in some in-
stances, may require the movement of more than one employee to a higher job
classification; that additional compensation of five per cent for temporary
assignment during the calendar year 1982 would have cost the City, for
more than ten days
- $22,188
more than fifteen days
- 20,274
more than thirty days
- 12,792
more than sixty days
- 7,340
The City Manager recommended that a policy be established to provide
pay for temporary assignments after fifteen working days; that he is prepared
to promulgate and implement a Personnel Operating Procedure to provide
additional compensation for days worked, to employees who temporarily serve
in a higher job classification; that temporary assignments will be made
only when it is necessary for continuity of operation; that this additional
compensation shall be five per cent of the employee's regular pay for any
days worked after fifteen consecutive work days; that the Personnel Operating
Procedure will be developed by the Department of Personnel Management and
forwarded to the Personnel and Employment Practices Commission; that the
Personnel and Employment Practices Co~mission will give all interested
employees an opportunity to comment at a public hearing prior to the
implementation of the Personnel Operating Procedure; and projected implementation
date is on or before May 1, 1983.
(For full text, see report on file in the City Clerk's Office.)
Following discussion of the recommendation, Mr. Harvey moved that the
City Attorney be instructed to prepare the proper measure to provide that
City employees assigned to temporary positions for more than ten days will
receive an additional five per cent pay increase and that employees whose
job classifications presently call for any type of promotional activity
without pay shall be exempt from this provision. The motion was seconded
by Mr. Musser and adopted, Mrs. Bowles voting no.
ITEMS RECOMMENDED FOR ACTION:
SEWERS AND STORM DRAINS-CONSULTANTS' REPORTS: The City Manager submitted
a written report advising that a staff report under date of February 28,
1983, contains recommendations relative to design of the first construction
project resulting from the Williamson Road Storm Drain Study, and the
contracting for aerial survey data to be obtained concurrently with the
engineering services; that the Williamson Road Storm Drain Project, Phase
I, will result in two construction projects with an estimated construction
cost of $2.1 million and provide plans and specifications for an additional
project to be constructed later in the improvement program at an estimated
construction cost of $500,000.00.
The City Manager recommended that Council award an engineering agreement
to Mattern & Craig, Consulting Engineers, for the Williamson Road Storm
Drain Project, Phase I, providing for cost-plus-fixed fee compensation for
design and management engineering services as per the Request for Proposal
dated December 7, 1981, and subsequent agreements with the Office of City
Engineer, in an amount not to exceed $230,700.00; award a contract to
Aerial Data Reduction Associates, Inc., for services for certain aerial
495
ACTION:
ACTION:
ACTION:
photography work, as more fully set forth in the staff report above referred
to, in the amount of $12,682.00; transfer $230,700.00 from the Capital
Improvement Bond Series 1982 storm drain account to a new account to be
called, Williamson Road Storm Drain Project, Phase I; tranafer $6,341.00
from the Capital Improvement Bond Series 1982 storm drain account to a new
account to be established by the Director of Finance to be called, Aerial
Survey Services; and appropriate $6,341.00 from the Undesignated Capital
Fund balance earmarked for economic development to a new account established
by the Director of Finance as per the above and called Aerial Survey Services.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#26388) AN ORDINANCE to amend and reordain certain sections of the
1982-83 Capital Projects Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 479.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowles, Butler, Garland,
and Mayor Taylor ............................................................ 7.
NAY S: None ............................................................ 0.
Mrs. Bowles offered the following emergency Ordinance:
(#26389) AN ORDINANCE authorizing a constract with Mattern and Craig,
P.C., Consulting Engineers, to provide engineering services for Phase I,
WiIliamson Road Storm Drain Project; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 479.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowles, Butler Garland
and Mayor Taylor ........................................................... 7.
NAYS: None ........................................................... 0.
Mr. Musser offered the following emergency Ordinance:
(#26390) AN ORDINANCE authorizing a contract with Aerial Data Reduction
Associates, Inc., for aerial photography work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 480.)
Mr. Musser moved the adoption of the Ordinance. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowles, Butler, Garland
and Mayor Taylor ........................................................... 7.
NAYS: None .......................................................... 0.
BUDGET-SCHOOLS-SALE/PURCHASE OF PROPERTY-CITY PROPERTY: The City
Manager submitted a written report advising that Council authorized an
option to sell the Harrison School to Fralin and Waldron, Inc., for $40,000.00
on February 22, 1982, pursuant to Ordinance No. 25916; that Fralin and
Waldron, Inc., assigned their option to Harrison School Partnership who
signed it effective March 5, 1982; that Harrison School Partnership took
title to the Harrison School property from the City on February 24, 1983,
for the option price of $40,000.00; that the City had identified a project
commitment of $150,000 of public funds to insure that the Black Heritage
Center is available for public use for a period of thirty years; and proceeds
496
ACTION:
ACTION:
realized should be assigned to a Harrison School Project account in the
City's Capital Projects Fund to meet the commitment to the Black Heritage
Center rather than to the General Fund.
The City Manager recommended that Council adopt the appropriate budget
ordinance to appropriate $40,000.00 to an account to be established by the
Director of Finance in the Capital Projects Fund, to be known as the
Harrison School Project.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler offered the following emergency Ordinance:
(#26391) AN ORDINANCE to emend and reordain certain sections of the
1982-83 Capital Projects Fund Appropriations, and providing for an emer-
gency.
(For full text of Ordinance, see Ordinance Book No. 47, page 480.)
Dr. Butler moved the adoption of the Ordinance. The motion was seconded
by Mr. Trout and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland and
Mayor Taylor .............................................................. 6.
NAYS: None .......................................................... 0.
(Council member Harvey abstained from voting.)
FIRE DEPARTMENT-CITY EMPLOYEES: The City Manager submitted a written
report advising that Council by Resolution No. 4748 established a policy
for payment of regular salaries, in lieu of other compensation paid by the
City, to employees of the Police and Fire Departments absent from duty, due
to line of duty injuries, not to exceed 60 days, provided, however, Council
may consider paying the employee injured in line of duty for additional
time absent from their regular duty, but in no event will payment be made
until authorized by Council; that on December 10, 1982, G. I. Morgan, a
Fire Lieutenant, received an injury at No. 1 Fire Station as he prepared to
respond to a fire alarm; that the physician treating Lt. Morgan advised an
additional three weeks would be needed before Lt. Morgan may return to full
duty.
The City Manager recommended that Council authorize continued Make-Up
Salary to Fire Lt. G. I. Morgan, for a period not to exceed sixty days from
the date of February 28, 1983.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
(#26392) A RESOLUTION extending the pay benefits provided for by
Resolution No. 4748 for a certain emergency service employee.
(For full text of Resolution, see Resolution Book No. 47, page 481.)
Mr. Trout moved the adoption of the Resolution. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowles, Butler, Garland
and Mayor Taylor ............................................................ 7.
NAYS: None ........................................................... O.
CITY ATTORNEY:
FIRE DEPARTMENT-POLICE DEPARTMENT-CITY EMPLOYEES: The City Attorney
submitted a written report advising that at the Council meeting on February 7,
1983, he was directed to draft certain amendments to Section 2-67, Promotions
497
ACT ION:
ACTION:
ACTION:
in classified service, Code of the City of Roanoke (1979), as amended, and
present an appropriate ordinance for consideration of Council at its meeting
on February 28, 1983; whereupon, the City Attorney transmitted the ordinance
for the consideration of Council.
Mr. Dibling advised that the ordinance makes two substantive changes
in the City's current promotional procedure, as follows: first, it is
provided that any vacancy in the classified service, which is filled from
an eligibility list, shall be filled by permanent appointment within 30
days after such vacancy first occurred, and upon request of the City Manager
or other appropriate Council-appointed officer, it is provided that Council
may grant a time extension; second, when a vacancy occurs in a position for
which there is an eligibility list, it is required that such vacancy must
be filled from the list effective at the time such vacancy first occurred.
Mr. Dibling further advised that in accordance with Council's further
directive, the ordinance has been made retroactive to January 1, 1983; that
the effect of this retroactive provision is that, if a vacancy occurred in
the month of January, 1983, in a position for which there was an effective
eligibility list, such vacancy must be filled from the eligibility list,
which was in effect on the date the vacancy first occurred, rather than
from a new eligibility list compiled after the vacancy occurred; that it is
provided such appointment would not entitle the appointee to retroactive
back pay; that the ordinance further provides that the retroactivity provision
does not reinstate any eligibility list if there were no vacancies to be
filled from such list at the time it would have expired but for retroactive
operation of the ordinance.
(For full text, see report on file in the City Clerk's Office.)
Inasmuch as the City Manager's input had not been formally requested, Mrs.
Bowles moved that the matter with regard to promotions from eligibility
lists be referred to the City Manager for study, report and recommendation
to Council. The motion was seconded by Mr. Garland.
Mr. Trout spoke against the motion, advising that Council sets the
policy of the City of Roanoke, and it is up to the Administration to carry
out the policy, referring to Section 2-67 of the City Code, Promotions in
classified service, advising that this presently is the policy of Council;
therefore, Council has already established policy in the area of promotions
in the classified service. He advised that the matter has been previously
discussed with the City Attorney and the City Manager, and referred to the
fact that the matter was discussed at the February 7, 1983, Council meeting
wherein the City Manager, the Director of Administration and Fublic Safety,
the Fire Chief, and the Chief of Police were in attendance.
Mr. Trout then offered a substitute motion that Council consider the
matter as included on the agenda. The motion was seconded by Mr. Musser.
Mrs. Bowles challenged the fact that Mr. Trout's substitute motion
does not address the main motion, noting that a substitute motion must be
germain to the main motion, and the substitute motion does not allow for
any input from the City Manager.
Mr. Trout amended the substitute motion to provide that the decision
made pursuant to the substitute motion will be referred to the City Manager.
Mr. Musser, maker of the second to the substitute motion, agreed to the
amendment.
Upon question, Mr. Trout clarified that the intent of his substitute
motion is to act on the ordinance presented by the City Attorney and/or
any amendments thereto; whereupon the substitute motion was lost by the
following vote:
AYES: Council members Harvey, Trout and Musser ...................... 3.
NAYS: Council members Bowles, Butler, Garland and Mayor Taylor ...... 4.
498
ACTION:
The main motion, offered by Mrs. Bowles, seconded by Mr. Garland, was
then adopted by the following vote:
AYES: Council members Bowles, Butler, Garland and Mayor Taylor ...... 4.
NAYS: Council members Harvey, Musser and Trout ...................... 3.
The following persons appeared before Council and spoke either for or
against the ordinance regarding promotions from eligibility lists:
Mr. Allan J. Prater, a member of the Roanoke City Police Department
Mr. W. D. Jobe, a member of the Roanoke City Police Department
Mr. Alexander B. S. Clary, a member of the Roanoke City Police
Department
Mr. C. D. Allen, a member of the Roanoke City Police Department
Mr. Randy Obenchain, President of the Roanoke Firefighters'
Association
Mr. Willard W. Waters, a member of the Roanoke City Police
Department.
(For full text of the remarks of Messrs. Prater, Jobe, Clary, Allen, Obenchain,
and Waters, see transcript on file in the City ClerkTM Office.)
DELINQUENT TAXES: The City Attorney submitted a written report advising
that the rate of interest to be charged on delinquent taxes owed to the
City for the second and subsequent years of delinquency is the same as the
interest rate established pursuant to Section 6621 of the Internal Revenue
Code of 1954, and Section 58-847, Code of Virginia (1950), as amended,
permits the City to tie its interest rate to that established by the Internal
Revenue Code.
Mr. Dibling pointed out that formerly, the IRS established interest
rates once each year, and Section 32-6, Code of the City of Roanoke, (1979),
as emended, requires the Director of Finance to report the applicable
interest rate determined by IRS on or before February 1 of each calendar
year; that the Tax Equity and Fiscal Responsibility Act of 1982, however,
requires the IRS to establish interest rates on a semi-annual basis; and
for this reason, the Director of Finance, by report dated February 22,
1983, recommended to Council that Section 32-6 of the City Code be emended
to comport with the recent amendments to the Internal Revenue Code, and
Council concurred in the recommendation of the Director of Finance. The
City Attorney transmitted an Ordinance, which is made retroactive to
January 1, 1983, complying with the recommendation of the Director of
Finance.
For informational purposes, Mr. Dibling advised that the interest rate
on delinquent taxes owed to the City is ten per cent for the first year of
delinquency and will be, in accordance with the recent determination of the
IRS, sixteen per cent for the second and any subsequent years of delinquency,
and the sixteen per cent rate, which is effective on and after January 1,
1983, is a reduction from twenty per cent.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency Ordinance:
(#26393) AN ORDINANCE amending and reordaining Section 32-6, Interest
rate on delinquent taxes, of the Code of the City of Roanoke (1979), as
amended, to provide for the interest rate to be imposed on delinquent city
taxes; and providing for an effective date and an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 481.)
499
ACTION:
ACTION:
Mr. Harvey moved the adoption of the Ordinance. The motion was seconded
by Mr. Trout amd adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowles, Butler, Garland
and Mayor Taylor ............................................................ 7.
NAYS: None ............................................................ O.
BUSES-CITY PROPERTY: The City Attorney submitted a written report
advising that on February 22, 1983, Council received a report from the
City Manager recommending the City's lease to Greater Roanoke Transit
Company of the transit operations facility located at Twelfth Street, S. E.,
and Campbell Avenue, S. E., and referred the matter to his office for
preparation of the appropriate measure; whereupon, Mr. Dibling transmitted
the appropriate measure, for the consideration of Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its first
reading:
(#26394) AN ORDINANCE authorizing the City's lease of certain land
and improvements thereon located at Twelfth Street and Campbell Avenue, S. E.,
to Greater Roanoke Transit Company, upon certain terms and conditions.
The motion was seconded by Mr. Garland and adopted by the following
vote:
AYES: Council members Harvey, Musser, Trout, Bowles, Butler, Garland
and Mayor Taylor ............................................................ 7.
NAYS: None .......................................................... O.
DIRECTOR OF FINANCE:
BUDGET-STATE HIGHWAYS: The Director of Finance submitted a written
report advising that on February 14, 1983, Council received a report from
the City Manager concerning construction of the Hershberger Road Interchange
and recommending the appropriation of $2,625,376.83 in connection therewith;
whereupon, Mr. Schlanger transmitted the appropriate budget Ordinance.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#26395) AN ORDINANCE to amend and reordain certain sections of the
1982-83 Capital Projects Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 482.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowles, Butler, Garland
and Mayor Taylor ............................................................ 7.
NAYS: None ............................................................ 0.
CITY CLERK:
SCHOOLS: The City Clerk presented a written report advising that
pursuant to Ordinance No. 24409, establishing a procedure for the election
of School Board trustees, Council must hold certain meetings and take
certain actions during the months of March, April and May to conform with
the selection process; whereupon, Council set the following dates:
500
ACTION:
ACTION:
On Monday, March 14, 1983, at 6:00 p.m., in the Municipal
Building Lobby, Council will hold an informal meeting which
will be open to the public with all candidates for school
trustee.
On Monday, March 28, 1983, at 2:00 p.m., Council, as a Co, nit-
tee of the Whole, will at its regular Council meeting, review
and consider all candidates for the position of school trustee.
At such meeting, Council shall review all applications filed
for the position and Council may elect to interview candidates
for such positions.
On Monday, April 11, 1983, at 7:30 p.m., Council will, by pub-
lic 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 Thursday, April 14, 1983, at 7:00 p.m., in the Roanoke City
Council Chamber, Council will hold a meeting for the purpose
of conducting a public interview of the remaining candidates
for school trustee.
On Monday, May 2, 1983, at 7:30 p.m., Council will hold an elec-
tion to fill the vacancies on the Roanoke City School Board.
REPORTS OF COMMITTEES:
AUDIT COMMITTEE: Councilman James G. Harvey, II, Chairman of the
Audit Committee, presented minutes of the meeting held on Tuesday, February
22, 1983, advising that the committee reviewed and concurred with the
establishment of an Internal Service Fund as recommended by the Director of
Finance, Municipal Auditor and City Manager; that the committee reviewed,
received and filed a report on Taxpayer Compliance Audit Procedures from
the Commissioner of Revenue and Municipal Auditor, and the Municipal Auditor's
Revised Audit Plan for fiscal years 1983 and 1984; that the committee
reviewed, received and filed the following audit reports from the Municipal
Auditor: Roanoke City School Board Workers Compensation Trust Fund, City
of Roanoke FICA Sick Pay Reimbursement Account, Virginia Auditor of Public
Accounts Annual Report, Airport Fund, Local Taxes and Licenses, EDP Business
License System Review; that the committee reviewed, received and filed
Peat, Marwick, Mitchell & Company, June 30, 1982, Management Letter and the
comments from the Director of Finance and the City Manager; and the committee
established the fourth Monday at 1:00 p.m., as the regular meeting time for
the Audit Committee.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Harvey moved that the minutes be received and filed. The motion
was seconded by Dr. Butler and unanimously adopted.
BUDGET-ZONING: A communication from Mr. L. Elwood Norris, Chairman of
the Board of Zoning Appeals, advising that the Board, at its meeting on
Tuesday, February 8, 1983, voted unanimously to request that members of the
Board be compensated by the City of Roanoke for their services; that it is
their understanding such compensation is allowed by the state statute; and
there are Boards of this type in the State receiving some remuneration.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that the communication be referred to 1983-84 budget
study for consideration by Council. The motion was seconded by Mr. Harvey
and unanimously adopted.
ACTION:
ACTION:
ACTION:
501
BUDGET-SEWERS AND STORM DRAINS: Council member Robert A. Garland,
Chairman of the committee appointed by the Mayor to tabulate bids received
on Bond Issue Storm Drain Project VIII, Syracuse Avenue, N. W., Jackson
Avenue, S. W., and Aspen Street, N. W., submitted a written report of the
committee recommending that a unit price contract be awarded to J. & H.
Grading Company, Inc., in the amount of $47,805.95; that a contingency,
in the amount of $5,194.05, ba established, and that funds be transferred
therefor.
(For full text, see report on file in the City Clerk's Office.)
A report of the City Manager concurring in the above report, was
before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#26396) AN ORDINANCE to amend and reordain certain sections of the
1982-83 Capital Projects Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 483.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowles, Butler, Garland
and Mayor Taylor ............................................................ 7.
NAYS: None .......................................................... -0.
Mr. Garland offered the following emergency Ordinance:
(#26397) AN ORDINANCE accepting the bid of J. & H. Grading Company,
Inc., for construction of Bond Issue Storm Drain Project VIII, 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. 47, page 483.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowles, Butler, Garland
and Mayor Taylor ............................................................ 7.
NAYS: None ............................................................ 0.
INDUSTRIES: Council having previously appointed a committee to receive
bids, open and tabulate same with regard to rough grading for the proposed
site for Cooper Industries in the Roanoke Centre for Industry and Technology,
Mr. Garland, Chairman of the committee, requested that the matter be held
in abeyance until the Director of Public Works can meet with officials
of Cooper Industries to discuss certain matters.
Mr. Garland then moved that the matter be deferred indefinitely. The
motion was seconded by Mr. Harvey and unanimously adopted.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
STREETS AND ALLEYS: Ordinance No. 26375 vacating, discontinuing
and closing an unopened paper street between Blocks 7 and 11, Map of Washington
Heights, extending from Westside Boulevard, N. W., in an easterly direction
502
ACT ION:
for approximately 160 feet, having previously been before the Council for
its first reading on Monday, February 14, 1983, 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:
(#26375) AN ORDINANCE permanently vacating, discontinuing and closing
an unopened paper street between Blocks 7 and 11, Map of Washington Heights,
extending from Westside Boulevard, N. W., in an easterly direction for
approximately 160 feet, in the City of Roanoke, Virginia, as is more
particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 47, page 475.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowles, Bu~ler, Garland
and Mayor Taylor ........................................................... 7.
NAYS: None ......................................................... O.
ACTION:
ZONING: Ordinance No. 26376 rezoning property located on Luck Avenue,
Sixth Street and Church Avenue, S. W., designated as Official Tax Nos.
1113501 through 1113507, inclusive, and 1113305, 1113318 and 1113304, from
C-4, Central Business Expansion District, to LM, Light Manufacturing District,
having previously been before the Council for its first reading on Monday,
February 14, 1983, 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:
(#26376) AN ORDINANCE to amend Sections 36-3 and 36-4, Code of the
City of Roanoke (1979), as amended, and Sheet No. 111, Sectional 1976 Zone
Map, City of Roanoke, in relation to Zoning.
(For full text of Ordinance, see Ordinance Book No. 47, page 475.)
Mr. Harvey moved the adoption of the Ordinance. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowles, Butler, Garland
and Mayor Taylor ............................................................ 7.
NAYS: None ............................................................ O.
ACTION:
ZONING: Ordinance No. 26377 rezoning property consisting of 0.535
acres, located on the westerly side of Peters Creek Road, N. W., Route 117,
designated as Official Tax No. 2770105, from C-i, Office and Institutional
District, to C-2, General Co~nercial District, having previously been
before the Council for its first reading on Monday, February 14, 1983, 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:
(#26377) AN ORDINANCE to emend Sections 36-3 and 36-4, Code of the
City of Roanoke (1979), as amended, and Sheet No. 277, Sectional 1976 Zone
Map, City of Roanoke, in relation to Zoning.
(For full text of Ordinance, see Ordinance Book No. 47, page 476.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowles, Butler, Garland
and Mayor Taylor ............................................................ 7.
NAYS: None ............................................................ O.
503
ACTION:
ACTION:
ACTION:
ZONING: Ordinance No. 26378 amending the definitionof "Home Occupation"
in Section 36-2 and adding a new subsection (9) to Section 36-62, Code of
the City of Roanoke (1979), as amended, in order to make repair shops for
radios,' televisions and fractional horsepower motors uses permitted by
special exception in certain zoning districts, having previously been
before the Council for its first reading on Monday, February 14, 1983, read
and adopted on its first reading and laid over, was again before the body,
Dr. Butler offering the following for its second reading and final adoption:
(#26378) AN ORDINANCE amending the definition of "Home Occupation" in
Section 36-2 and adding a new subsection (9) to Section 36-62, Code of the
City of Roanoke (1979), as amended, in order to make repair shops for
radios, televisions and fractional horsepower motors uses permitted by
special exception in certain zoning districts.
(For full text of Ordinance, see Ordinance Book No. 47, page 477.)
Dr. Butler moved the adoption of the Ordinance. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowles, Butler, Garland
and Mayor Taylor ............ - ............................................... 7.
NAYS: None ............................................................ O.
BRIDGES: Ordinance No. 26384 designating and naming a certain bridge
in the southeast section of the City as Riverdale Bridge, having previously
been before the Council for its first reading on Monday, February 14, 1983,
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:
(#26384) AN ORDINANCE designating and naming a certain bridge in the
southeast section of the City as Riverdale Bridge.
(For full text of Ordinance, see Ordinance Book No. 47, page 478.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowles, Butler, Garland
and Mayor Taylor ........................................................... 7.
NAYS: None .......................................................... O.
SPECIAL PERMITS-SIDEWALK, CURB AND GUTTER: Ordinance No. 26385 permitting
the encroachment of a canopy to be erected at the entrance to Fink's Jewelers,
Inc., 310 South Jefferson Street, over the public sidewalk in front of such
building, but not to extend closer than two feet from the adjacent curb
line, upon certain terms and conditions, having previously been before the
Council for its first reading on Monday, February 14, 1983, read and adopted
on its first reading and laid over, was again before the body, Dr. Butler
offering the following for its second reading and final adoption:
(#26385) AN ORDINANCE permitting the encroachment of a canopy to be
erected at the entrance to Fink's Jewelers, Inc., 310 South Jefferson
Street, over the public sidewalk in front of such building, but not to
extend closer than two feet from the adjacent curb line, upon certain terms
and conditions.
(For full text of Ordinance, see Ordinance Book No. 47, page 478.)
Dr. Butler moved the adoption of the Ordinance. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowles, Butler, Garland
and Mayor Taylor ............................................................. 7.
NAYS: None ............................................................. 0.
504
ACTION:
ACTION:
CELEBRATIONS: The Mayor having requested that the City Attorney
prepare the proper measure commending and expressing appreciation to the
members of the Roanoke Centennial Co~ittee for their role in the Centennial
celebration of the City of Roanoke, Mr. Garland offered the following
Resolution:
(#26398) A RESOLUTION commending and expressing appreciation to the
members of the Roanoke Centennial Committee for their role in the magni-
ficent Centennial celebration of our City.
(For full text of Resolution, see Resolution Book No. 47, page 484.)
Mr. Garland moved the adoption of the Resolution. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowles, Butler, Garland
and Mayor Taylor ............................................................ 7.
NAYS: None .......................................................... 0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMaMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 6:03 p.m., the Mayor declared the meeting recessed.
At 6:25 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all members of the Council present.
HEALTH: The Mayor advised that there are two vacancies on the Mental
Health Services Board created by the resignations of Mrs. Phyllis Olin and
Mr. Charles L. Williams, Jr., for terms ending December 31, 1985, and
December 31, 1983, respectively, and called for nominations to fill the
vacancies.
Mr. Trout placed in nomination the name of Mr. David R. Goode.
Mrs. Bowles placed in nomination the name of Mrs. Lorna K. Stone.
There being no further nominations, Mr. David R. Goode was elected as
a member of the Mental Health Services Board for a term of three years
ending December 31, 1985; and (Mrs.) Lorna K. Stone was elected as a member
of the Mental Health Services Board to fill the unexpired term of Mr.
Charles L. Williams, Jr., resigned, ending December 31, 1983, by the following
vote:
FOR MR. GOODE AND MRS. STONE: Council members Harvey, Musser, Trout,
Bowles, Butler, Garland, and Mayor Taylor ................................... 7.
CELEBRATIONS: Council at its meeting on Monday, February 14, 1983,
having elected Mr. Barton W. Morris, Mr. John S. Voit, Mr. Edward S. Allen,
Mrs. Dana B. Lee, Mrs. Helen B. Anderson, Ms. Rose Ann Burgess, Mrs. Carol
B. Dalhouse, Mr. David G. Helmer, Ms. Katherine L. Roche, and Ms. Marionette
Sprauve as members of the Special Events Committee, the Mayor advised that
pursuant to agreement of Council, two additional members need to be elected
to provide for a twelve member committee.
Mr. Musser placed in nomination the name of Mr. Vincent S. Wheeler.
Mr. Trout placed in nominaton the name of Mrs. Linda E. Hart.
There being no further nominations, Mr. Wheeler and Mrs. Hart were
elected as members of the Special Events Committee for terms ending June 30,
1983, by the following vote:
FOR MR. WHEELER AND MRS. HART: Council members Harvey, Musser, Trout,
Bowles, Butler, Garland and Mayor Taylor .................................... 7.
505
PARKS AI~ PLAYGROUNDS: The Mayor referred to his cvmunication of
February 14, 1983, recommending that the Citizens' Advisory Committee
to assist in the development of a comprehensive parks and recreation plan
for the City of Roanoke be reactivated to review the parks action plan and
recommend an implementation program to Council; whereupon, on motion of
Mr. Musser, seconded by Dr. Butler, the Citizens' Advisory Committee consisting
of the following persons, was reactivated:
Mrs. Martha Ogden
Mr. Carroll E. Swain
Mrs. Faulita D. Bixler
Mr. Frederick Brown, Sr.
Mrs. Katherine Cochran
Mr. Jack D. Hayslett
Mr. Carl H. Kopitzke
Ms. Ann Masters
Mr. Daniel E. Wooldridge
Mr. M. Carl Andrews
Mr. Abdulmubdee Shakir
Mr. Richard G. Young
Colonel Leonard S. Becker
Mr. E. W. Chambers, Jr.
Mr. Charles W. Hancock
Mr. Clarence E. Hundley
Mr. Charles A. Price, Jr.
Mr. John A. Kelley
Mrs. Linda E. Hart
(See Mayor Taylor's communication on file in the City Clerk's Office.)
There being no further business, the Mayor declared the meeting adjourned
at 6:30 p.m.
ATTEST:
City Clerk
APPROVED
Mayor
506
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
March 7, 1983
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the Council
Chamber in the Municipal Building, City of Roanoke, on Monday, March 7, 1983, at 2:00
p.m., the regular meeting hour, with Mayor Noel C. Taylor presiding.
PRESENT: Council m-mbers Howard E. Musser, James O. Trout, Robert A. Garland,
James G. Harvey, II, and Mayor Noel C. Taylor ......................................... 5.
ABSENT: Council members Elizabeth T. Bowles and Wendell H. Butler .......... 2.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. W. Robert Herbert,
Assistant City Manager; Mr. Wilburn C. Dibling, Jr., City Attorney; Mr. Joel M. Schlanger,
Director of Finance; and Ms. Mary F. Parker, City Clerk.
The invocation was delivered by The Reverend Bill Post, Associate Pastor, New
Life Temple.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Taylor.
PROCLAMATIONS: The Mayor presented a proclamation declaring March 21 - 26,
1983, as Parents Without Partners Founder's Week in the City of Roanoke.
(For full text, see proclamation on file in the City Clerk's Office.)
BID OPENINGS:
PARKS AND PLAYGROUNDS: Pursuant to notice of advertisement for bids for
construction of brick sidewalk improvements in Highland Park, said proposals
to be received by the City Clerk until 1:30 p.m., on Monday, March 7, 1983,
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 Priority 1 Priority 2 Priority 3 Total
H. & S. Construc-
tion Company $18,895.00 $ 3,590.00 $ 6,265.00 $28,750.00
W. J. Blane, Inc. 20,945.00 5,990.00 8,969.00 35,904.00
Breakell, Inc. 24,500.00 5,500.00 9,600.00 39,600.00
Hodges Lamber
Corporation 23,782.00 6,079.00 12,782.00 42,643.00
J. B. Smith
Builders 33,500.00 9,800.00 20,400.00 60,000.00
Construction Services
of Roanoke, Inc. 38,957.00 8,654.00 17,028.00 64,584.00
ACTION:
ACTION:
Mr. Trout moved that the bids be referred to a committee to be appointed
by the Mayor for tabulation, report and recommendation to Council. The motion
was seconded by Mr. Musser and adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman, George C. Snead,
Jr., and Thomas F. Brady as members of the committee.
507
CONSENT AGENDA:
ACTION:
The ~yor advised that all matters listed under the Consent Agenda are
considered to be routine by the members of Council and will be enacted by one
motion in the forms listed on the Consent Agenda, and if discussion is desired,
that ite~ will be removed from the Consent Agenda and considered separately.
Ne noted that there is one request to discuss personnel matters and a request
to discuss a matter of pending litigation included on the Consent Agenda.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an Execu-.
rive Session tc discuss personnel matters relating to vacancies on various
authorities, beards, commissiop, s and committees appointed by Council, pursuant
to Section 2.1-344 (a) (1), Code of Virginia (195C), as amended, was before
Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council convene in Executive Session to discuss
personnel matters relating to vacancies on various authorities, boards, com-
missions and committees appointed by Council, pursuant to Section 2.1-344 (a)
(1), Code of Virginia (1950), as amended. The motion was seconded by Mr.
Garland and adopted by the following vote:
AYES: Council members Musser, Trout, Garland, Harvey and Mayor Taylor---5.
N~3S: None .................................................................................... O.
(Ccuncii members Bowles and Butler were absent.)
COUb]CIL: A report of the City Attorney requesting an Executive Session
tc discuss a matter of pending litigation, pursuant to Section 2.1-344 (a)
(6), Code of Virginia (1950), as amended, bas before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council convene in Executive Session to discuss a
matter of pending litigation, pursuant to Section 2.1-344 (a) (6), Code of
Virginia (1950), as amended. The motion was seconded by ~r. Garland and
adopted by the following vote:
AYES: Council members Musser, Trout, Garland, Harvey and Mayor Taylor---5.
I~one ...................................................................... 0.
(Council members Bowles and Butler were absent.)
PENDING ITEMS: A list of items pending from July 10, 1979, through
February 25, 1983, ~s before Council.
(For full text, see pending list on file in tko City Clerk's Office.)
Mr. Trout moved that the pending list be received and filed. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Musser, Trout, Garland, Harvey and Mayor Taylor---5.
NAYS: None ................................................................ O.
(Council members Bowles and Butler were absent.)
REGULAR AGENDA:
HEARII{G OF CiTiZENS UPON PUBLIC M~TTERS:
FLAGS: Mr. James E. Robertson, Cope Director, Roanoke United Central
Labor Council AFL-CIO, appeared before Council and advised that for the past
508
ACTION:
ACTION:
ACTION:
twenty years his organization has displayed the flags in downtown Roanoke. He
said the Chairman of the Flag C~ittee, Mr. Marvin Boley, has worked diligently
in coordinating the program and setting up the flags; however, the program for
the downtown area will now be carried o~t by the Vietnam Veterans of America,
and the retired veterans will be responsible for the twenty-two flags displayed
around the War Memorial.
In appreciation of the services rendered by Mr. Robertson and Mr. Boley,
Mayor Taylor presented each with a City of Roanoke tie tac.
Mr. Garland moved that the City Attorney be requested to prepare the
proper measure expressing appreciation to Mr. Robertson and Mr. Boley for
their leadership in arranging for the display of American flags in downtown
Roanoke. The motion was seconded by Mr. Harvey and adopted.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
BUSES-PARKING GARAGE-MARKET-INTERMODAL TRANSPORTATION CENTER-CENTURY
PROJECT: The City Manager submitted a wzitten report recommending that Council
and the Greater Roanoke Transit Company Board of Directors approve ATE Management
and Service Company, Inc., managing and operating the Williamson Road Parking
Garage and the Market Square Parking Garage, with Council reserving the right to
override parking policies; and that the GRTC Board of Directors approve a new
three year contract with ATE and its subsidiaries for management and operation
of the transit system, the new Transportation Center and the two new parking
facilities, with the form of agreement being subject to the approval of legal
counsel.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its first
reading:
(#26399) AN ORDINANCE authorizing Greater Roanoke Transit Company, a
public service corporation, of which the City of Roanoke is the sole stock-
holder, to manage and operate two publicly-owned parking facilities for and on
behalf of the City.
(For full text of Ordinance, see Ordinance Book No. 47, page 489.)
The motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Musser, Trout, Garland, Harvey and Mayor Taylor---5.
NAYS: None .............................................................. 0.
(Council members Bowles and Butler were absent.)
TRAFFIC-EQUIPMENT: The City Manager submitted a written report concurring
in a report of the Bid Committee recommending that the bid of Baltimore Paint
& Chemical Company, for supplying 5,000 gallons of traffic paint, in the
amount of $24,950.00, be accepted.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#26400) AN ORDINANCE accepting a bid for furnishing traffic paint to
the City; rejecting other bids; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 486.)
509
ACTION:
Mr. Garland moved the adoption of the Ordinance. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council members Musser, Trout, Garland, Harvey, and Mayor Taylor---5.
NAYS: None ............................................................... O.
(Council members Bowles and Butler were absent.)
CITY ATTORNEY:
IND_USTRIES: The City Attorney submitted a ,~ritten report advising that
amendments to the Internal Revenue Code made by the Tax E~uity and Fiscal
Responsibility Act ef 1982 required certain changes in the ~rocedures followed
by industrial development authorities in the issuance of bonds; that the
amendments to Section 103(k) of the Interr. al Revenue Code were applicable to
bonds issued after December 31, 1982, as follows:
Public hearing after public notice is required
prior to issuance of any bonds by the Industrial
Development Authority.
<2)
Written approval of issuance of bonds by the
Industrial Development Authority by either an
elected legislative body or the chief executive
officer or any other officer designated by such
chief executive officer is required prior to the
issuance of bonds by the Industrial Development
Authority.
Mr. Dibling advised that in response to the amendments to the Internal
Revenue Code, the 1983 Session of the General Assembly adopted House Bill 730
which establishes the procedures to be followed by industrial development
authorities in this State~ that Section 15.1-1378 of House Bill 730 requires
that the public hearing mandated by federal law be conducted by the Authority;
that the same section requires that notice of such public hearing be published
once a week for two consecutive weeks and specifies the infermation to be in-
cluded in the notice; that after the public hearing has been held by the
authority, the State legislation requires that a reasonably detailed s,,mmary
of the comments expressed at the hearing be forwarded to the municipality's
governing body together with the recommendation cf the authority; that the
gcverr.~i~g body of the municipality is thereafter required tc approve or dis-
approve financing within sixty days from. the date of the public hearing; and
approval or disapproval of the governing body must be expressed in a resolution
adopted by a majority of a quorum.
The City Attorney ?cinted out that House kill 7?9 included no emergency
clause, and, according to the Constitution of Virginia, such bill shall
" .... take effect on the first day of the fourth month following the month of
adjournment of the Session of the General Assembly .... "~ advising that until
House Bill 730 becomes effective, Council will need to establish a procedure
to be followed by the Industrial Development Authority of the City of Roanoke.
During this interim period, Mr. Dibling recommended that the procedure estab-
lished by House Bill 730 be followed, and by adopting the proposed Resolution,
which expresses the policy of Council that the procedure established by House
Bill 730 should immediately be implemented by the Industrial Development
Authority of the City of Roanoke, Council can concur in this recommendation.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
(#26401) A RESOLUTION establishing a procedure with respect to the
public hearing and written approval required by Federal law as a prerequisite
to obtaining Federal tax exemption for interest paid on certain industrial
development bonds.
(For full text of Resolution, see Resolution Book No. 47, page 486.)
510
ACT ION:
Hr. Trout moved the adoption of the Resolution. The motion was seconded
by Hr. Garland and adopted by the following vote:
AYES: Council members Musser, Trout, Garland, Harvey and Mayor Taylor---5.
NAYS: None .............................................................. O.
(Council members Bowles and Butler were absent.)
DIRECTOR OF FINANCE:
DIRECTOR OF FINANCE-CITY EMPLOYEES: The Director of Finance and the City
Treasurer submitted a written joint report advising that the consolidation of
all accounting and payroll systems between the School Administration's Depart-
ment of Finance and the City's Department of Finance has been completed, and
the consolidation was implemented to eliminate duplicative efforts and for
cost effectiveness; that another enhancement to the payroll system has been
the introduction of direct deposit of payroll to all employees and if the
employee chooses this option, their pay is directly deposited to their indi-
vidual account in the bank of their choice and avoids the necessity of the
employee having to bring their payroll warrant to their bank.
It was advised that in order to allow each local bank the opportunity to
provide the City of Roanoke with certain banking functions related to the
payroll account, a request for proposal was mailed to all local banking institu-
tions and the proposals have been thoroughly reviewed and evaluated for costs
and services proposed by each individual bank.
Mr. Schlanger and Mr. Peters advised that based on the compensating
balance required to be kept in the payroll account and the delivery of services
for the payroll account, it is recommended that the Colonial American National
Bank be awarded the payroll account; that the account will be assumed by
Colonial American National Bank on June 1, 1983, and recommending that Council
authorize the City Manager to sign the Payroll Bank Account Agreement with
Colonial American National Bank for the period of June 1, 1983, to May 31,
1986.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#26402) AN ORDINANCE authorizing a certain contract to be entered into
with Colonial American National Bank for service of the City's Payroll Bank
Account; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 487.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Musser, Trout, Garland, Harvey, and Mayor Taylor---5.
NAYS: None ............................................................... O.
(Council members Bowles and Butler were absent.)
DIRECTOR OF FINANCE-CITY TREASURER: The Director of Finance and the City
Treasurer submitted a joint written report advising that they have continually
reported to Council on the progress being made in the consolidating of cash
collection functions of the Offices of Billings and Collections and the City
Treasurer, and the next step in order to improve services to the public as
well as to benefit the tax collection effort involves the reassignment of
certain tax employees between the Offices of Billings and Collections and the
City Treasurer; that the reassignments will enable all real estate personal
property, and business, professional and occupational license taxes to be paid
in the Treasurer's Office, not just the most current years of those taxes, and
property owners and attorneys who transfer real estate could make tax payments
at the Treasurer's Office for all years which are owed.
Sll
ACTION:
ACTION:
They advised that all manual records for delinquent real estate, personal
property, and business, professional, and occupational licenses will be relocated
to the City Treasurer's Office; that Billings and Collections employees will
continue to have access to the records for collection purposes through a
computer terminal located in Billings and Collections and the Treasurer will
have similar access to such automated tax records as well as to the manual
records; that the incumbent employee in Billings and Collections who currently
serves in the position of Delinquent Collections Supervisor will he transferred
to a vacant position in the Treasurer's Office; that this is necessary to make
the relocation of these records and associated functions feasible; that the
employee's salary will be paid by the State up to a maximum of $6,000.00 with
the balance paid by the City, and the employee is now paid by 100 per cent
General Fund monies.
At the same time, Mr. Schlanger and Mr. Peters advised that an incumbent
Treasurer's employee who currently serves in the position of Clerk will be
transferred to the vacant Delinquent Collections Supervisor position in Billings
and Collections, and this individual's current duties involve delinquent
collections, that the starting salary will be at a step which is lower than
the salary of the incumbent employee in that position, and the vacant Clerk's
position will be filled by the Treasurer at a later date; that the cost of
this position will be paid by the State up to a maximum of $6,510.00 and is
in the Treasurer's current budget.
The Director of Finance and the City Treasurer advised that they both
agree that the increased convenience to the public and the increased collec-
tions which will result from these personnel reassignments support the recom-
mended actions; that funds to finance this request for the balance of this
fiscal year will be transferred from the Billings and Collections salaries and
wages budget to the Treasurer's budget in the amount of $1,645.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the report. The motion was seconded
by Mr. Garland and adopted.
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
SOLICITATION: Ordinance No. 26386 amending the City Code establishing
certain limitations on evening door-to-door sales in the City, having previously
been before the Council for its first reading on Monday, February 28, 1983,
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:
(#26386) AN ORDINANCE adding a new Section 21-46, Evening door-to-door
sales; limitations, to the Code of the City of Roanoke (1979), as amended,
establishing certain limitations on evening door-to-door sales in the City.
(For full text of Ordinance, see Ordinance Book No. 47, page 485.)
Mr. Harvey moved the adoption of the Ordinance. The motion was seconded
by Mr. Musser and adopted by the following vote:
AYES: Council members Musser, Trout, Harvey and Mayor Taylor ......... 4.
NAYS: Council member Garland ........................................ 1.
(Council merabers Bowles and Butler were absent.)
ZONING: Ordinance No. 26387 rezoning a certain tract of land containing
approximately 30.29 acres, more or less, situated between Ogden Road and
Colonial Avenues S. W., being a portion of the property designated as Official
Tax No. 1490201, from RS-i, Single-Family Residential District, to RG-1,
General Residential District, subject to certain proffered conditions, having
previously been before the Council for its first reading on Monday, February
28, 1983, read and adopted on its first reading and laid over, was again
before the body.
512
ACTION:
Inasmuch as the City Attorney previously ruled that five affirmative
votes are required for passage of Ordinance No. 26387, Mr. Trout moved that
action on the second reading be deferred until the next regular meeting of
Council on Monday, March 14, 1983. The motion was seconded by Mr. Garland and
adopted.
BUSES: Ordinance No. 26394 authorizing the City's lease of certain land
and improvements thereon located at Twelfth Street and Campbell Avenue, S. E.,
to Greater Roanoke Transit Company, upon certain terms and conditions, having
previously been before the Council for its first reading on Monday, February
28, 1983, read and adopted on its first reading and laid over, was again
before the body, Mr. Trout offering the following for its second reading and
final adoption:
(#26394) AN ORDINANCE authorizing the City's lease of certain
land and improvements thereon located at Twelfth Street and Campbell Avenue,
S. E., to Greater Roanoke Transit Company, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 47, page 485.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mr. Musser and adopted by the following vote:
AYES: Council members Musser, Trout, Garland, Harvey and Mayor Taylor---5.
NAYS: None ............................................................. O.
(Council members Bowles and Butler were absent.)
CITY EMPLOYEES-PAY PLAN: Council having previously instructed the City
Attorney to prepare the proper measure establishing the policy of Council with
regard to additional compensation when a City employee temporarily performs
the duties of a higher job classification, the City Attorney presented same;
whereupon, Mr. Harvey moved that action on the Resolution be deferred until
the next regular meeting of Council on Monday, March 14, 1983.
The motion was seconded by Mr. Garland and adopted.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND M_~e~BERS OF COUNCIL: NONE.
OTHER HEARINGS OF CITIZENS:
ECONOMIC DEVELOPMENT COMMISSION-INDUSTRIES: A committee composed of
Council member Robert A. Garland, Chairman, Thomas F. Brady and Kit B. Kiser
submitted a written report advising that the Committee was appointed by Council
at its meeting on Monday, February 14, 1983, that the Committee received,
publicly opened and read four bids for partial site grading and temporary
construction access road for the Roanoke Centre for Industry and Technology on
March 7, 1983; that J & H Grading Company, Inc., submitted the lowest respon-
sible bid, in the amount of $335,504.00, for the base bid, plus the alternate;
that the base bid, in the amount of $156,464.00, is the sole responsibility of
the City for funding; that this construction is necessary to grade the building
footprint plus building construction working area for the Cooper Mining and
Construction Building; that risk must be taken by the City that the UDAG grant
will be forthcoming and preliminary grading must be substantially complete
prior to the award of the UDAG grant; that the alternate is for the remainder
of the grading required for the Cooper site and will not be initiated until
the UDAG is received; and award of the alternate will be by separate contract
and will not be confirmed until such time as notice by HUD of approval of the
grant.
The Committee recommended that Council award the lump sum contract to J &
H Grading Company, Inc., in the amount of $156,464.00 in a form acceptable to
the City Attorney; commit to the award of the alternate contract to J & H
Grading Company, Inc., to be based on bids received and tabulated, but subject
to HUD approval of UDAG and HUD provided funds and grant cpnditions; reject '
the other bids received; and appropriate from the undesignated fund balance of
the capital projects fund $176,464.00 to Roanoke Centre for Industry and
Technology Account No. A08110190800 ($156,464.00 contract and $20,000.00
contingency).
513
ACTION:
ACTION:
ACTION:
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following ~mergency Ordinance:
(#26403) AN ORDINANCE to emend and reordain certain sections of the 1982-
83 Capital Projects Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No.
Mr. Trout moved the adoption of the Ordinance. The motion was seconded by
Mr. Garland and adopted by the following vote:
AYES: Council me~bers Musser, Trout, Garland, Harvey and Mayor Taylor---5.
NAYS: None .................................. ~ .... ~ ......................... 0.
(Council members Bowles and Butler were absent.)
Mr. Trout offered the following emergency Ordinance:
(#26404) AN ORDINANCE accepting the bid of J & ~i Grading Company, Inc.,
for partial site grading and installation of a t~mporary construction access
road to the Roanoke Centre for Industry and %echnology, upo~ certain terms and
conditions, and awarding a contract therefore; authorizing the proper City
officials to execute the requisite contract for such work; rejecting all other
bids made to the City for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book }~.o.
Mr. Trout moved the adoption of the Ordinance. The motion was seconded by
Mr. Garland and adopted by the following vote:
AYES: Council membe~ F~asser, Trout, Garland, Harvey and Mayor Taylor---5.
~'~AYS: None .......... ~ ............. a .................. ~ ........................ G.
(Council members Bowles and Butler were absent.)
At 3:05 p.m., the Mayor declared the meeting recessed.
At 3:30 p.m., the meeting reconvened in the Council Chamber with Mayor
Taylor presiding and all members of the Council present, with the exception of
Council members Bowles and Butler.
ROANOKE CI~f ARTS COMMISSION: '£he Mayor advised that there is a vacancy
on tl~e Roanoke City Arts Commission created by the resignation of Mrs. Kathryn
R. Willis for a term ending June 3G, 19~3, and called for nominations to fill
tP.e vacancy. ·
Mr. Garland placed in nomination the name of Mr. Richard L. Meagher.
There being no further nominations, Mr. Meagher was elected as a member of
the Roanoke City Arts Commission to fill t?~e unexpired term of ~rs. Kathryn R.
Willis, resigned, ending June 30, 1983, by the following vote:
~GR MR. ~iEAGHER: Council members Musser, Trout, Garland, }larvey and
Mayor Taylor ................................................................ 5.
(Council members Bowles and Butler were absent.)
There being no further business, the Mayor declared the meeting adjourned
at 3:35 p.m.
APPROVED
ATTEST
City Clerk Mayor
514
REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL
March 14, 1983
7:30 p.m.
The Council of the City of Roanoke met in regular meeting in the Council
Chamber in the Municipal Building, City of Roanoke, on Monday, March 14, 1983, at
7:30 p.m., the regular meeting hour, with Mayor Noel C. Taylor presiding.
PRESENT: Council members Elizabeth T. Bowles, Wendell H. Butler, Robert A.
Garland, James G. Harvey, II, Howard E. Musser and Mayor Noel C. Taylor ............. 6.
ABSENT: Council member James O. Trout .................................... 1.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. W. Robert Herbert,
Assistant City Manager; Mr. Wilburn C. Dibling, Jr., City Attorney; Mr. Joel M. Schlanger,
Director of Finance; and Ms. Mary F. Parker, City Clerk.
The invocation was delivered by Rabbi Gerry H. Walter, Temple Emanuel Synagogue.
The Pledge of Allegiance to the Flag of the United States of America was led by
Mayor Taylor.
PROCLAMATIONS: The Mayor presented a proclamation declaring the week of
March 13 - 19, 1983, as Kellyweek in the City of Roanoke.
(For full text, see procl~ation on file in the City Clerk's Office.)
CITY OF ROANOKE-ACTS OF ACKNOWLEDGEMENT: Council member Elizabeth T. Bowles
advised that she attended a luncheon sponsored by Downtown Roanoke, Incorporated, and, on
behalf of the City of Roanoke, accepted the Golden Trowel Award presented to the
City for meritorious downtown improvement, and as a token of sincere appreciation from
Downtown Roanoke, Inc.
Mrs. Bowles presented the award to Mayor Taylor for appropriate display.
PUBLIC HEARINGS:
ACTION:
ZONING: Pursuant to Resolution No. 25523, the City Clerk having set a
public hearing for Monday, March 14, 1983, at 7:30 p.m., or as soon thereafter
as the matter may be heard, 'in the Council Chamber, on the request of Jack V.
Altizer, Attorney, representing Michael R. Ashby, that a 2.4 acre parcel of
land located at the intersection of Norfolk and Campbell Avenues, S. E.,
designated as Official Tax No. 4110301, be rezoned from LM, Light Manufacturing
District, to HM, Heavy Manufacturing District, the matter was before the body.
Legal advertisement of the public hearing was published in the February
25, 1983, and March 4, 1983, editions of The Roanoke Times & World News.
Mr. Garland moved that the following Ordinance be placed upon its first
reading: .~
(#26405) AN ORDINANCE to amend Sections 36-3 and 36-4, Code of the
City of Roanoke (1979), as amended, and Sheet No. 411, Sectional 1976
Zone Map, City of Roanoke, in relation to Zoning.
(For full text of Ordinance, see Ordinance Book No.
The motion was seconded by Dr. Butler.
515
ACTION:
A report of the City Planning C~,ission recommending approvel of the
rezoning subject to all conditions of sale included in the option agreement
dated August 9, 1982, between the City and the petitioner; additionally recom-
mending that the appropriate storm water easement be maintained snd that all
conditions for special exception approval of the proposed use be required by
the Board of Zoning Appeals to be met, and that the entrance at the intersection
of Campbell and Norfolk Avenues, S. E., be redesigned, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Jack V. Altizer, Attorney, representing the petitioner, appeared
before Council in support of the request of his client.
No one appearing in opposition to the request for re~oning, the following
vote was recorded on Ordinance No. 26405 on first reading:
AYES: Council members Bowles, ~utLer, C~rland, Mm.~Jey, M'asser and Mayor
Taylor ................................................................................ 6.
N~3!S: None ................................................................... 0.
(Council member Trout was absent.)
ZONING: Pursuant to Resolution No. 25523. the City Clerk having set a
public hearing for }~o~ay, March 14, 1983, at 7:30 p.m., or ~s soon thereafter
as the matter may be heard, in the Council Chamber, on the request of Michael
K. Smeltzer, Attorney, representing E. Ralph English, Jr., and Rita T. English
that property located o~ the northerly side of Belle Avenue, N. E., being all
of Tract A consistinE of 2.190 acres and all of Tract C consisting of 1.133
acre of re-subdivision of Idlewild Park, Official T~x Nos. 3320105 and 3410102,
be rezoned from RD, Duplex Residential District, to EG-1, General Pesidential
District, subject to certain proffered conditions~ the matter was before the
body.
Legal advertisement of the public hearimg was published in the February
25, 1983, and M~rch 4, 1983, editions of .The Roanoke T~.es 6~ World News.
Dr. Butler moved that the ordinance rezoning the property be placed upon
its first reading. The motion was seconded by Mrs. Bowles.
A report of the City Planning Commission r=com~ending approval of the
requested rezoning for the following reasons:
proposed use is compatible with neighborhood land use
patterns~ there is a potential for neighhorhood develop-
ment due to its prox~mlty to new commercial uses a!ou.g
Route 460 E., plans for the Roanoke Centre for Industry
and Technology~ and the reconstruction of Gus Nicks Eoule-
yard now underway;
no adverse impact on street capacities i~ anticipated; and
request is consistent with the Cemnrehsensive Plan~
was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Michael K. Sme!tzer, Attorney, representing the pet~tiopers,
appeared before Council in support of the request of his clients, and pre-
sented an aerial photograph of the area prooosed to be rezoned. He said
his clients are desirous ef constructing forty townhouses for sale; that the
site plan shows the tract of land with forty to~house ur~its in five separate
buildings, three buildings with nine units each and two buildings, one with
seven units and one with six units each; that each unit will be two stories,
10~0 - 1,200 square feet per unit, two and three bedroom type units, selling
in the area of $45,000.00 - $47,500.C0.
516
Mr. Smeltzer pointed out that under current zoning, duplex units could
be constructed on the property a~ the present time, but his clients feel that
to build townhouses in accordance with the site plan presented to Council is a
much more advantageous use of the property and more in keeping with the charac-
ter of the neighborhood. He stressed the importance of the type of commercial
development which is ongoing on Route 460 East; viz: the Roanoke Centre for
Industry and Technology which will be located approximately seven blocks away
and, it is anticipated, that the companies building in the Industrial Center
will provide a prime source of persons for home ownership in this neighborhood.
Mr. Smeltzer said there are no problems with regard to sewer and water;
that some of the residents may argue that there will be problems'with traffic,
however, there are a number of feeder streets available, that access to the
property will be primarily from Mecca Street from both the north and the
south, with some traffic coming in from GUS Nicks Boulevard down Richards Avenue
to Mecca Street.
From the standpoint of drainage, Mr. Smeltzer said it is not anticipated
that there will be any problems; that his clients have proffered to construct
drainage facilities in accordance with plans and specifications approved by
the City Engineer so as to enhance what is known to be the City's stated
objective with regard to development; viz: a new development will produce
zero additional drainage to the neighborhood. Also, as a proffered condition
to rezoning, the property will be screened on the north and on the east and
west from the adjacent properties; and it has been further offered that if
construction is not begun on the property by April 1, 1985, the property will
revert back to residential duplex.
Mr. Smeltzer said it is anticipated to build the townhouses in phases;
that if the townhouses do not sell, his clients would like to reserve the
right to rent them on a short term basis, with every intention to sell as soon
as possible. He noted that there will be a Home Owners Association which will
be responsible for maintenance of the entire project.
Upon question from Council, Mr. Smeltzer said there are no plans for
swimming pools, tennis courts, etc., noting that the idea in reducing the
project to forty townhouse units was to provide as much yard space as possible.
Mr. J. R. Richardson, 710 Mecca Street, N. E., appeared before Council
and advised that the information presented by Mr. Smeltzer was not presented
to the City Planning Commission and, therefore, the Planning Commission was
not given the benefit of the same information heard by Council. He stated
that there are seven persons on the City Planning Commission, that of these
seven, only four were present at the Planning Commission hearing, and of the
four present, one voted in favor of the position of the residents. He pre-
sented a petition signed by approximately 144 residents of Idlewild Park
opposing the rezoning; and referred to possible drainage problems, lack of
play area for children, possible sewer and traffic problems, and the fact that
the rezoning would have an adverse impact on the neighborhood because it is
not compatible with the existing neighborhood.
Mr. Richardson inquired as to whom will be responsible for making sure
the commitments made by Mr. Smeltzer on behalf of Mr. English will be carried
out; that if the property is rezoned, Mr. English should be required to develop
the whole tract of land or Council should only rezone that portion which Mr.
English intends to develop. He urged that the property be developed for
single family purposes, and as a representative of the neighborhood, Mr.
Richardson urged that Council give serious consideration to his remarks.
Mr. Robert L. Ashcraft, 3305 Hollyfield Circle, S. W., appeared before
Council and advised of insufficient notice to property owners to appear before
the City Planning Commission, further advising that he was not notified of the
public hearing before City Council, and requested that the matter be referred
back to the City Planning Commission so that all citizens who have an interest
in the matter may be present.
Mr. F. B. Webster Day, Attorney, representing Edenspring Properties,
owner of four duplexes located on Belle Avenue, appeared before Council and
advised that his client opposes the rezoning for reasons of increase in
traffic, density will be too great by the addition of forty more families,
and no play area is proposed.
517
ACTION:
ACTION:
The Mayor made the observation that it appears when there is a seven
member body, such as the City Planning Commission, that there should be a
majority vote presented to Council fr~ the group. He said an affirmative
vote of three members is not a majority of the group and asked in the future,
whenever the City Planning Co~aiasion acts on a rezoning matter, that the
Planning Commission will submit a majority vote of its membership, viz: at
least four out of seven affirmative votes.
Mr. Harvey offered a substitute motion that the request for rezoning be
referred back to the City Planning Co~ission for further consideration and
recom~aendation to Council. The motion was seconded by Mr. Mugger and adopted.
Mr. Harvey suggested that Mr. Smeltzer and his clients meet with the
property owners in the area before the matter is reconsidered by the City
Planning Commission.
At 8:55 p.m., the Mayor declared the meeting recessed.
At 9:10 p.m., the meeting reconvened in the Council Chamber with Mayor
Taylor presiding and all members of the Council present, with the exception
of Mr. Trout.
STREETS AND ALLEYS: Pursuant to Resolution No. 25523, the City Clerk
having set a public hearing for Monday, March 14, 1983, at 7:30 p.m., or as
soon thereafter as the matter may be heard, in the Council Chamber, on the
request of Co~aonwealth Buildings, a Virginia Limited Partnership, Fred P.
Bullington and Adrienne G. Bullington, and F & B Developers, a Virginia part-
nership, that a portion of an alley facing First Street, S. W., between Campbell
Avenue and Kirk Avenue, $. W., be vacated, discontinued and closed, the matter
was before the body.
Legal advertisement of the public hearing was published in the February
25, 1983, and March 4, 1983, editions of The Roanoke Times & World News.
Mr. Harvey moved that the following Ordinance be placed upon its first
reading:
(#26406) AN ORDINANCE permanently vacating, discontinuing and closing a
portion of an alley facing First Street, S. W., in the City of Roanoke, Virginia,
as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No.
The motion was seconded by Mr. Musser.
A report of the City Planning Commission recommending approval of the
requested alley closure for the following reasons:
city service functions will not be impaired;
dead-end alley will be eliminated;
petitioner has agreed to maintain easements required by the
City for sewer, water, storm drain and fire protection; and
approval of the request will allow for the completion of a
renovation project that complements on-going downtown revita-
lization,
was before the Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Gilbert E. Butler, Jr., Attorney, representing the petitioners,
appeared before Council in support of the request of his clients.
No one appearing in opposition to the request, the following vote was
recorded on Ordinance No. 26406 on first reading:
AYES: Council members Bowies, Butler, Garland, Harvey, Musser, and Mayor
Taylor ..................................................................... 6.
NAYS: None ........................................................... 0.
(Council member Trout was absent.)
518
ACTION:
ACTION:
ACTION:
ACTION:
CONSENT AGE.A:
The Mayor advised that all matters listed under the Consent Agenda are
considered to be routine by the members of Council and will be enacted by one
motion in the forms listed on the Consent Agenda, and if discussion is desired,
that ite~ will be removed from the Consent Agenda and considered separately.
The Mayor orally requested an Executive Session to discuss personnel matters
relating to vacancies on various authorities, boards, co~nissions and co~nittees
appointed by Council.
MINUTES: Minutes of the regular meeting of Council held on Monday,
February 14, 1983, 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 Dr.
Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser and Mayor
Taylor .................................................................... 6.
NAYS: None ........................................................... 0.
(Council member Trout was absent.)
TREASURER: A communication from Mr. Gordon E. Peters, Treasurer, submit-
ting a statement of activity for the City Treasurer's Office for the month of
February, 1983.
(For full text, see communication on file in the City Clerk's Office.)
Mrs. Bowles moved that the Cvmmunication be received and filed. The
motion was seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser and Mayor
Taylor ........................................ v ........................... 6.
NAYS: None .................................. 2 ...................... O.
(Council member Trout was absent.)
AIR POLLUTION: A report of qualification of Mr. Ruskin P. Arnold as
a member of the Advisory and Appeal Board, Air Pollution Control, for a term
ending December 31, 1985, was before Council.
(See Oath 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 Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser and Mayor
Taylor .................................................................... 6.
NAYS: None .......................................................... O.
(Council member Trout was absent.)
COUNCIL: A communication from Mayor Noel C. Taylor requesting an Execu-
tive 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 convene in Executive Session to discuss
personnel matters pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950),
as amended. The motion was seconded by Dr. Butler and adopted by the following
vote:
519
AYES: Council members Bowles, Butler, Garland, Harvey, Musser and Mayor
Taylor .......................................................................
NAYS: None ................................................................ O.
(Council member Trout was absent.)
REGULAR AGENDA:
HEARINC OF CITIZENS UPON PL~LIC MATTERS:
PENSIONS: Mr. H. Cletus Broyles~ Co-Chair~mn of the Association of the
City of Roanoke Retired Employees, appeared before Council and read a prepared
statement advising that at a meeting of the Association on Tuesday, March 8,
1983, a motion was adopted that a request be made to the Mayor and members of
Council that Council instruct the Director of Finance to provide the following
information to the Association:
A list of all City of Roanoke retired employees, giving
the name, address, phone number and year of retirement
for each person.
A summary of cost figures that would be derived from a
study and determination as to what it would cost the
City of Roanoke retirement system to reimburse those
City employees who retired before May 30, 1973, their
contributions paid into the system and which still re-
main in the system, figuring each person in this group
on the same basis that was done for those City employees
who retired after May 30, 1973, and wPLo were reimbursed
their contributions in full, plus interest.
Make available the information received from Buck and
Associates, the City's pension consultant, wkich was
in reply to certain questions posed by Mr. Schlanger in
a letter to the consultants written about a year ago at
the instigation of H. Cletus Broyles.
Furnish the number of City employees who retired before
May 30, 1973, and the number of City emFloyees who have
retired to date. (March 14, 1983), all of whom were in
the same retirement system which began on July 1, 1946.
That the information requested in items No. 1, No. 3
and No. 4, be furnished within ten days time and that the
cost figures referred to in Item No. 2, be furnished in
60 days time."
Mr. Broyles further requested that after the study referred to in Item
No. 2 above has been completed, that representatives of the Association be
allowed to meet with the ~iayor and Council or a sub-committee thereof to
discuss the matter in detail.
(For full text, see statement on file in the City Clark's Office.)
Mrs. Bowles moved that the request be referred to the City A~torney for
study, report and recommendation to Councii, as to the legality of fnrnishing
the requested information. The motion was seconded by Mr. Garland and adopted.
PETITIONS AND COMMUNICATIONS:
BUDGET--SCHOOLS: A communication from the Roanoke City School Board
requesting that $1,182.00 be appropriated for the Pre--School Incentive Mini-
Grant, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
520
ACTION:
ACTION:
ACTION:
In this connection, a report of the Director of Finance advising that he
has reviewed the request for appropriations for the School Board; that funding
of $4,182.00 will be 100 per cent Federal funds; and recommending that Council
concur in the request, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#26407) AN ORDINANCE to emend and reordain certain sections of the
1982-83 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No.
Mr. Garland moved the adoption of the Ordinance. The motion was seconded
by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser and Mayor
Taylor ..................................................................... 6.
NAYS: None ............................................................ O.
(Council member Trout was absent.)
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECO~dENDED FOR ACTION:
CITY E~PLOYEES: The City Manager submitted a written report with regard
to proposed emendments to Section 2-67, Vacancies and Promotions in Classified
Service, of the Code of the City of Roanoke (1979), as amended.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the City Manager's recommendation
that the City Administration be permitted to meet with the Personnel and
Employmen.t Practices Commission to review Personnel Operating Procedure No. 1;
and public meeting will provide the opportunity for employee comment as to the
need for amendments to POP #1 as it relates to the filling of promotions of
Police Officer II and Sergeant, Police Department; and Lieutenant and Captain,
Fire Department. The motion was seconded by Dr. Butler,
Mr. Masser offered a substitute motion, inasmuch as Council member Trout
is absent, that action on the report of the City Manager be deferred until the
regular meeting of Council on Monday, March 28, 1983. The motion was seconded
by Mr. Harvey and adopted.
BUDGET-PARKS AND PLAYGROUNDS:. The City Manager submitted a written
report advising that Council on November 22, 1982, increased the General Fund
portion of the Capital Improvement Program by $200,000.00 in order to provide
for Mill Mountain improvements; that the Mill Mountain Development Committee,
on December 13, 1982, recommended to Council that funds from insurance on old
Rockledge Inn and the appropriation for parking provision, a then current
total balance of $37,761.00, be assigned to Mill Mountain improvement, in
addition to the $200,000.00 allocated by Council on November 22, 1982, for the
same purpose and Council referred the request to the City Manager for report
and recommendation.
The City Manager recommended that Council approve the Plan for improvement
of Mill Mountain Park; appropriate $200,000.00 into two new accounts to be
designated by the Director of Finance, as follows:
Mill Mountain Park Improvement Project ...... $100,000.00
Mill Mountain Zoo Improvement Project ...... 100~000.00
Total ...... $200,000.00;
521
ACTION:
that funds come from
Mill Mountain Improvement Capital
Account #A01810190100 $ 37,696.29
Undesignated Capital Funds included in
the current Capital Improvoment Mudget 162~303.71
Total $2OO~OOf.00~
and require Mill Mountain Zoo, Inc., to submit their specific plans for the
utilization of the $100,000.00 for Council's consideration and approval prior
to obligating or expending the funds.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency Ordinance:
(#26408) AN ORDINANCE to amend and reordain certain sections of the
1982-83 Capital Projects Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 490.)
Mr. F~rvey movad tke adoption of the Ordinance. The motion was seconded
by Mr. Garland and a~opted by the follewing vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser and Mayor
Taylor ..................................................................... 6.
~IqAYS: ~one .................................................................. O.
(Council member Trout was absant.)
PARKING GARAGE-CENTURY PROJECT: The City Manager submitted a written
report advising that the construction contract approved by Council on June 14,
1982, for the Williamson Road Parking Garage was for $1,333,000.00, with a job
contingency of $90,005.50 and 300 consecutive calendar days, and a starting
date for construction of August 2, 1982; that the contractor is Avis Construc-
tion Co., Inc.; that funding for the construction contract was provided from
UDAG Grant funding ($1,118,005.50) and from Redevelopment and Housing Authority
disposition of proceeds from the sale of land ($305,000.00); that an information
report was sent to Council on Dec~ber 13, 1982, concerning ~'footing excavation
and construction" problems encountered at the site and alerting Council to a
pending change order.
The City Manager advised that most all of the foundation work has been
completed and the only work re~aining to be done is the elevator shaft and
plunger; that most footings required additional work and some redesign was
necessary to meet existing job site conditions in several instances; that
on-site conditions encountered requiring extensive additional work included
extensive mud seams, the remaining footings of the old ice and storage plant
buildings, ledges of stone and an unusual amount of site water; that contract
documents called for the employment of a soils engineer for footing inspec-
tions and compaction tests on all fill material and the firm of Geotechnics,
Inc., was agreed upon by the City of Roanoke and the E~ineer/Architect for
this project, Smithey and Boynton; that the form of proposal for construction
bidding contained unit price quotations to be used in the calculation of this
additional work, plus the provisions as contained in the General Conditions
for work performed that was not covered by the contract, and a breakdown of
each individual footing and the quantities of work involved is on file in the
City Engineer's Office; that additional costs for other items are also con-
tained in the report, advising that most of these items would have been
handled through the normal lob contingency account; and a detailed description
of engineering problems encountered on the site is attached to the report.
The City Manager recommended that Council approve Change Order No. 1 to
the contract with Avis Construction Company, !nc., in the amount of $193,792.88;
approve the sum of $38,991.21 for additional engineering and testing required
by the work site; establish a new job contingency of $7,000.00; grant a time
extension of 78 days to the completion time of the project; and funding is
proposed to be as follows:
522
ACTION:
ACTION:
ACTION:
Existing project contingency
$ 90,005.50
Roanoke Redevelopment and Rousing Authority
disposition of proceeds from sale of land
70,000.00
Market Square Parking Garage contiugency
(Account No. A08180190800.) UDAG grant
was for construction of both Market Square
and Williamson Road parking garages
79,778.59
Total Funding Available
$239,784.09;
that funding to be transferred includes $79,778.59 from the Market Square
Parking Garage Account No. A08180190800 to the Williamson Road Parking Garage
Account No. A08180191600; and appropriate and establish a revenue estimate for
$70,000.00, from Roanoke Redevelopment and Housing Authority CDBG funds from
"land sale proceeds", in the Grant Fund to provide total additional funding of
$149,778.59 for the Williamson Road Parking Garage.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#26409) AN ORDINANCE to emend and reordain certain sections of the
1982-83 Capital Projects and Grant Funds Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 491.)
Mr. Garland moved the adoption of the Ordinance. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser and Mayor
Taylor .................................................................... 6.
NAYS: None ........................................................... O.
(Council member Trout was absent.)
Mr. Garland offered the following emergency Ordinance:
(#26410) AN ORDINANCE approving the City Manager's issuance of Change
Order No. 1 to the City's contract with Avis Construction Company, Inc., of
Roanoke, Virginia, for additional foundation work and other related it,s in
connection with the construction of the Williamson Road Parking Garage; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 491.)
Mr. Garland moved the adoption of the Ordinance. The motion was seconded
by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser and Mayor
Taylor .................................................................. 6.
NAYS: None ...................................................... 0.
(Council member Trout was absent.)
Mr. Garland offered the following emergency Ordinance:
(#26411) AN ORDINANCE authorizing the City Manager to enter into a
contract with Geotechnics, Inc., to provide soil engineering services with
regard to the Williamson Road Parking Garage; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 492.)
Mr. Garland moved the adoption of the Ordinance. The motion was seconded
by Dr. Butler and adopted by the following vote:
AYES: Council me~bers Bowles, Butler, Garland, Harvey, Musser and
Mayor Taylor ..........................................................
NAYS: None ....................................................... 0.
(Council member Trout was absent.)
YOUTH: The City Manager submitted a %rritten report advising that the
Youth Services Citizen Board was appointed by Council to perform an advisory
function for the City's Office on Youth which is 75 per cent funded by the
State Department of Corrections; that a Juvenile Delinquency and Youth Develop-
ment Plan is presented to Council at its December 6, 1982, Council meeting
by Mrs. Vanetta Stockton, Chairman, Youth Services Citizen Board as a part
of the Board's Annual Report; that Mrs. Stockton's presentation of the Plan
(Part I) indicated that the Board felt that the following areas may need
review from the City Administration:
Alcohol Prevention/Treatment and Alternatives Program
Youth Employment
It was advised that the Roanoke City Office on Youth is doing the follow-
ing in relation to the areas which the Youth Services Citizen Board felt might
need further study and review from the City Administration:
Alcohol Prevention Treatment and Alternatives Program -
currently reviewing State Plan for the implementation
of the Virginia War on Drugs and Drug Abuse Program;
Youth Employment -
Private Sector - Participating with other local agencies
in the development of the S,mmer Youth Jobs "83" Program
which has as its goal to provide unsubsidized private sector
employment for youth;
Public Sector - Working in concert with the City Personnel
Office and the Fifth District Employment and Training
Consortium to place youth in various City Departments dur-
ing the s-mmer. Salaries of participating youth will be paid
through the Fifth District Employment and Training Summer
Youth Program;
and additional support from the City is needed in both program areas above-
mentioned.
The City Manager recommended that Council adopt a resolution supporting
the Summer Youth Jobs "83" Program; and that the City Manager be requested
to establish a task force to look into the area of alcohol abuse by young
people with special emphasis on treatment alternatives, and promote within
the various City departments, the placement of young people in summer jobs
through the Consortium's Sua~ner Youth Employment Program.
(For full text, see report on file in the City Clerk's Office.)
(#26412) A RESOLUTION supporting the S-~mer Youth Jobs "83" Program.
(For full text, see Resolution, see Resolution Book No. 47, page 492.)
Mrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser and
Mayor Taylor ........................................................... 6.
NAYS: None ....................................................... 0.
(Council member Trout was absent.)
ACTION:
AIRPORT-SALE/PURCHASE OF PROPERT¥-ECONORIC DEVELOPMENT COI//ISSION:
The City Manager submitted a written report advisin~ that the City acquired
a 120 day option to purchase the Countryside Golf Course from Builders
Investment Group on December 27, 1982; that the option pe~itted the City
to attempt an exchange of real estate to acquire the property needed for
industrial use near the Roanoke Centre for Industry and Technology; that
the proposed land exchange for which the golf course was needed could not
be negotiated; therefore, the need for City option has beeu eliminated; and
Builders Investment Group requests that the City relinquish its option.
The City Manager recommended that Council authorize the appropriate
City officials to relinquish the City's option on Countryside Golf Course.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#26413) AN ORDINANCE providing for the termination of an option to
purchase real property, dated December 15, 1982, between the City of Roanoke
and the Trustees of Builders Investment Group, and for the release of the
real property to which such option agreement applies; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 493.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, and
Mayor Taylor ............................................................ 6.
NAYS: None ........................................................ 0.
(Council member Trout was absent.)
CITY ATTORNEY:
LEGISLATION-PROCUR~iMENT CODE: The City Attorney submitted a written
report relating to Senate Bill 226, which if signed by the Governor, will
mandate on all localities a completely new method of procuring professional
services, such as architects, engineers, doctors, accountants, etc.; advising
that the only apparent reason for this significant mandate, which represents
an intrusion on a policy area which should be reserved to local governing
bodies, is a quest for uniformity.
Mr. Dibling further advised that the 1982 Session of the General
Assembly adopted the Virginia Public Procurement Act after much debate and
controversy; that initially, localities had uniformly opposed the act, but
reluctantly agreed to withdraw their opposition when the Act was amended so
that localities would be bound only by the mandatory provisions set out in
subparagraph (e) of Section 11-35; that after adoption of the Act, localities
spent considerable time and money in training employees to comply with the
local procurement code, based on competitive principles, to meet the mandate
of the State Act; that it had been hoped no major amendments would be made
to the Act until there was an opportunity to see how the Act was working in
practice; thus, the mandate of a whole new procedure for the procurement of
professional services after the Act had been effective for less than two
months came as a surprise to all localities.
The City Attorney transmitted a resolution, advising that by adoption
of the resolution, which will be sent to the Governor, the City's representa-
tives to the General Assembly and to the Virginia Municipal League, Council
can indicate its opposition to Senate Bill 226; and the resolution calls
upon the Governor to return the bill to the General Assembly for reconsidera-
tion, or in the alternative, to veto the bill.
(For full text, see report on file in the City Clerk's Office.)
ACTION: Mr. Musser offered the following Resolution:
ACTION:
(#26414) A RESOLUTION noting the opposition of Roanoke City Council
to Senate Bill 226, and, in particular, the amendments made to such bill by
the House Committee on General Laws, and calling upon the Governor to
return such bill to the General Assembly for reconsideration after full and
fair opportunity for public input and debate.
(For full text of Resolution, see Resolution Book No. 47, page 493.)
Mr. Musser moved the adoption of the Resolution. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser and
Mayor Taylor ........................................................... 6.
NAYS: None ....................................................... 0.
(Council member Trout was absent.)
DIRECTOR OF FINANCE:
DIRECTOR OF FINANCE-UTILITIES-CONSULTANTS' REPORTS: The Director of
Finance and the City Manager submitted a joint written report in connection
with the utility billing system, recommending approval of a license agreement
with Network Computing Corporation, together with the software conversion
provisions, and authority to execute the appropriate agreements, advising
that the total cost of the option over a five year period is $243,691.00;
that this includes $109,691.O0 which would be used to purchase and maintain
equipment under a separate procurement; that the cost of the option compares
very favorably with the service bureau option when compared over a period
of five years; that continuing a service bureau relationship would result
in an expenditure of $478,166.00, and consequently, the license/purchase
option will result in a cost savings to the City of $234,485.00 over a five
year period.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency Ordinance:
(#26415) AN ORDINANCE authorizing a license agreement with Network
Computing Corporation for the provision of a water and sewer billing
system and related services; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 494.)
Mr. Musser moved the adoption of the Ordinance. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser and
Mayor Taylor ............................................................ 6.
NAYS: None ........................................................ O.
(Council member Trout was absent.)
REPORTS OF COMMITTEES
BUDGET-CIVIC CENTER: Council member Robert A. Garland, Chairman of
the committee appointed by the Mayor to tabulate bids received for the
addition of toilets for the handicapped at the Roanoke Civic Center, submitted
a written report of the Committee recommending that a lump sum contract be
awarded to Construction Services of Roanoke, Inc., in the amount of $18,442.00,
from prior years' retained earnings be appropriated to an account to be
established by the Director of Finance.
(For full text, see report on file in the City Clerk's Office.)
ACT ION:
ACTION:
ACTION:
Mr. Garland offered the following emergency Ordinance:
(#26416) AN ORDINANCE to amend and reordain certain sections of the
1982-83 Civic Center Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No, 47, page 495.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser and
Mayor Taylor ........................................................... 6.
NAYS: None ....................................................... 0.
(Council member Trout was absent.)
Mr. Garland offered the following e~ergency Ordinance:
(#26417) AN ORDINANCE accepting the bid of Construction Services of
Roanoke, Inc., for the installation of toilets equipped for the handicapped
at the Roanoke Civic Center, 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. 47, page 495.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser and
Mayor Taylor .......................................................... 6.
NAYS: None ...................................................... 0.
(Council member Trout was absent.)
BUDGET-SEWERS AND STORM DRAINS: Council member Robert A. Garland,
Chairman of the committee appointed by the Mayor to tabulate bids received
for Bond Issue Storm Drain Project IX, submitted a written report of the
committee recommending that a unit price contract be awarded to Aaron J.
Conner Construction Company, Inc., in the amount of $88,973.50; that a
contingency be established, in the amount of $11,026.50; and that the
Director of Finance be authorized to transfer the following amount from
existing Bond Issue Storm Drain Account No. A08310172702 to Storm Drain No.
IX Account No. A08220192600 ($88,973.50 contract and $11,026.50 contingency).
(For full text, see report on file in the City Clerk's Office.)
A report of the City Manager concurring in the recommendation, was
before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#26418) AN ORDINANCE to amend and reordain certain sections of the
1982-83 Capital Projects Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 496.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser and
Mayor Taylor ........................................................... 6.
NAYS: None ...................................................... 0.
(Council member Trout was absent.)
ACTION:
ACTION:
ACTION:
Mr. Garland offered the following emergency Ordinance:
(#26419) AN ORDINANCE accepting the bid of Aaron J. Conner Construc-
tion Company, Inc., for construction of Bond Issue Storm Drain Project IX,
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 e~ergency.
(For full text of Ordinance, see Ordinance Book No. 47, page 496.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser and
Mayor Taylor ............................................................ 6.
NAYS: None ........................................................ O.
(Council member Trout was absent.)
Mr. Garland moved that the report of the City Manager be received and
filed. The motion was seconded by Mr. Harvey and adopted.
BUDGET-SIDEWALK, CURB AND GUTTER: Council member Robert A. Garland,
Chairman of the committee appointed by the Mayor to tabulate bids received
for brick walk improvements at Highland Park, submitted a written report of
the committee recommending that a lump sum contract be awarded to H. & S.
Construction Company, in the amount of $28,750.00 and 90 consecutive calendar
days construction time; that a contingency be established, in the amount of
$1,250.00, and that funding be transferred to the Highland Park Walk
Improvement Account as established by the Director of Finance.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#26420) AN ORDINANCE to amend and reordain certain sections of the
1982-83 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 1.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser and
Mayor Taylor ............................................................ 6.
NAYS: None ........................................................ O.
(Council member Trout was absent.)
Mr. Garland offered the following emergency Ordinance:
(#26421) AM ORDINANCE accepting the bid of H. & S. Construction
Company, for the construction of brick sidewalk improvements in Highland
Park, upon certain terms and conditions, and awarding a contract therefor;
authorizing the proper City officials to execute the requisite contract
for such work; rejecting all other bids made ~o the City for the work; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 1.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
52.8
ACTION:
ACTION:
AYES: Council me~bers Bowles, Butler, Garland, Harvey, Musser and
Mayor Taylor ............................................................ 6.
NAYS: None ........................................................ O.
(Council member Trout was absent.)
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
ZONING: Ordinance No. 26387 rezoning a certain tract of land contain-
ing approximately 30.29 acres, more or less, situated between Ogden Road
and Colonial Avenue, S. W., being a portion of property designated as
Official Tax No. 1490201, from RS-i, Single Family Residential District, to RG-1,
General Residential District, subject to certain proffered conditions,
having previously been before the Council for its first reading on Monday,
February 28, 1983, read and adopted on its first reading and laid over, was
again before the body, Mr. Garland offering the following for its second
reading and final adoption:
(#26387) AN ORDINANCE to amend Sections 36-3 and 36-4, Code of the
City of Roanoke (1979), as amended, and Sheet No. 149, Sectional 1976 Zone
Hap, City of Roanoke, in relation to Zoning, subject to certain conditions.
(For full text of Ordinance, see Ordinance Book No. 47, page 488.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Musser and Mayor Taylor---5.
NAYS: None ............................................................... O.
(Council member Harvey abstained from voting because, on occasion, he is employed
by Fralin and Waldron, Inc.; and Council member Trout was absent.)
PARKING GARAGE-CENTURY PROJECT: Ordinance No. 26399 authorizing
Greater Roanoke Transit Company, a public service corporation, of which the
City of Roanoke is the sole stockholder, to manage and operate the Williamson
Road Parking Garage and the Market Square Parking Garage, in addition to
the Transportation Center, having previously been before the Council for
its first reading on Monday, March 7, 1983, read 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:
(#26399) AN ORDINANCE authorizing Greater Roanoke Transit Company, a
public service corporation, of which the City of Roanoke is the sole stock-
holder, to manage and operate two publicly-owned parking facilities for and
on behalf of the City.
(For full text of Ordinance, see Ordinance Book No. 47, page 489.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser and Mayor
Taylor ...................................................................... 6.
NAYS: None ............................................................ 0.
(Council member Trout was absent.)
CITY EMPLOYEES: Council having previously instructed the City Attorney
to prepare the proper measure establishing the policy of Council with respect
to additional compensation when a City employee temporarily performs the
529
ACT ION:
ACTION:
duties of a higher job classification, the matter was before the body; where-
upon, Mr. Harvey offered the following Resolution:
(#26422) A RZSOLUTION establishing the policy of Council with respect to
additional compensation when a City employee temporarily performs the duties
of a higher job classification.
(For full text of Resolution, see Resolution Book No.
Mr. Harvey moved the adoption of the Resolution. The motion was seconded
by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser and
Mayor Taylor ............................................................ 6.
NAYS: None ........................................................ 0.
(Council member Trout was absent.)
ACTS OF ACKNOWLEDGEMENT-FLAGS: Council having previously instructed the
City Attorney to prepare the proper measure com~nending Messrs. Marvin H. Boley
and James E. Robertson for their leadership in arranging for the display of
American flags in downtown Roanoke on holidays for over twenty years, the
matter was before the body; whereupon, Mr. Musser offered the following
Resolution:
(#26423) A RESOLUTION commending Messrs. Marvin H. Boley and James E.
Robertson for their leadership in arranging for the display of American flags
in downtown Roanoke on holidays for more than twenty years.
(For full text of Resolution, see Resolution Book No.
Mr. Musser moved the adoption of the Resolution. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser and
Mayor Taylor .......................................................... 6.
NAYS: None .......................................................... 0.
(Council member Trout was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 10:20 p.m., the Mayor declared the meeting recessed.
At 10:25 p.m., the meeting reconvened in the Council Chamber with Mayor
Taylor presiding, and all members of the Council present with the exception
of Council member Trout.
INDUSTRIES: The Mayor called to the attention of Council that there is a
vacancy on the Roanoke Valley Industrial Fact Finding C~m~ission created by
the resignation of Mr. Aylett B. Coleman and called for nominations to fill
the vacancy.
Dr. Butler placed in nomination the neme of Mr. Frederic H. Phillips.
530
ACTION:
ATTEST:
There being no further nominations, Mr. Phillips was elected as a member
of the Roanoke Valley Industrial Fact Finding C~mmission to fill the vacancy
created by the resignation of Mr. Aylett B. Coleman, by the following vote:
FOR MR. PHILLIPS: Council members Bowles, Butler, Garland, Harvey,
Musser and Mayor Taylor .............................................. 6.
(Council member Trout was absent.)
There being no further business, the Mayor declared the meeting adjourned
at 10:30 p.m.
APPROVED
City Clerk
Mayor
531
REGULAR WEEKLY SESSION ..... ROANOKB CITY COUNCIL
March 28, 1983
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the Council
Chamber, in the Municipal Building, City of Roanoke, on Monday, March 28, 1983, at
2:00 p.m., the regular meeting hour, with Mayor Noel C. Taylor presiding, pursuant
to Section 10 of the Roanoke City Charter.
PRESENT: Council members James O. Trout, Elizabeth T. Bowles, Wendell H.
Butler, Robert A. Garland, James G. Harvey, II, Howard E. Musser and Mayor Noel C.
Taylor ........................................................................... 7.
ABSENT: None .......................................................... 0.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. W. Robert Herbert,
Assistant City Manager; Mr. Wilburn C. Dibling, Jr., City Attorney; Mr. Joel M.
Schlanger, Director of Finance; and Ms. Mary F. Parker, City Clerk.
The invocation was delivered by The Reverend William O'Brien, St. Andrews
Catholic Church.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Taylor.
SCHOOLS: The Mayor advised that pursuant to Chapter 9, Education, of the
Code of the City of Roanoke, (1979) as amended, Council will meet as a Committee of
the Whole to consider twenty-six applications filed for the two upcoming vacancies on
the Roanoke City School Board, effective July 1, 1983. He further advised that with
the concurrence of Council, the applications will be considered in Executive Session
as a personnel matter pursuant to Section 2.1-344 (a) (1), Code of Virginia, 1950, as
amended.
ACTION: Mr. Trout moved that Council concur in the request to convene in Executive
Session pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950), as amended.
The motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser and
Mayor Taylor ...................................................................... 7.
NAYS: None .............................................................. O.
PROCLAMATIONS: The Mayor presented a proclamation declaring April as Child
Abuse Prevention Month.
(For full text, see procla~tion on file in the City Clerk's Office.)
CITY GOVERNMENT: Ms. Kathy Blease, representing the League of Women Voters
of the Roanoke Area, appeared before Council and presented Council with copies of
the League's latest publication, "Facts for Voters, 1983", which is a compendium of
names, addresses, telephone numbers and terms of office for elected and appointed
officials serving the Roanoke Valley at the national, state and local levels. Ms.
Blease advised that the City of Roanoke's funding, together with that of Roanoke
County and the City of Salem, made the printing of over 6,000 booklets possible, and
they are being distributed through the Registrar's Offices, schools, libraries,
government offices, and in response to citizen requests.
BID OPENINGS:
SEWERS AND STORM DRAINS: Pursuant to notice of advertisement for bids
for Bond Issue Storm Drain Project XI, Roanoke Avenue, Collingwood and
Whittaker Storm Drains, said proposals to be received by the City Clerk
532
ACTION:
ACTION:
ACTION:
ACTION:
until 1:30 p.m., on Monday, March 28, 1983, 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:
Ray Sink Plumbing and Heating
E. C. Pace Company, Inc.
Mullins and Jones, Inc. -
Ramey, Inc. -
Aaron O. Conner General Contractor,
Inc. -
E. F. Blankenship Co. -
J & H Grading Co., Inc. -
J. P. Turner & Brothers, Inc. -
$ 239,144.45
258,938.50
279,361.00
294,431.50
294,436.90
312,884.75
317,414.00
364,802.00
Dr. Butler moved that the bids be referred to a committee to be appointed
by the Mayor for tabulation, report and recommendation to Council. The motion
was seconded by Mr. Harvey and unanimously adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman, Kit B. Kiser
and Richard B. Burrow as members of the committee.
CITY ATTORNEY: The City Attorney introduced Mr. Mark A. Williams, who
will be the new Assistant City Attorney, replacing Mr. Richard B. Kaufman,
resigned, effective April 18, 1983.
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda are
considered to be routine by the members of Council and will be enacted by
one motion, in the forms listed on the Consent Agenda, and if discussion is
desired, that item will be removed from the Consent Agenda and considered
separately. He noted that he had requested an Executive Session to discuss
a personnel matter, and the City Attorney had orally requested an Executive
Session to discuss a matter of pending litigation.
MINUTES: Minutes of the regular meeting of Council held on Monday
February 28, 1983, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Trout moved that the reading of the minutes be dispensed with and
that the minutes be approved as recorded. The motion was seconded by Mr.
Garland and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ........................................................ 7.
NAYS: None ......................................................... O.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (a) (%), Code of Virginia (1950), as
amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request to convene in
Executive Session to discuss a personnel matter relating to vacancies on
various authorities, boards, commissions and committees appointed by Council
pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950), as amended.
The motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ......................................................... 7.
NAYS: None .......................................................... 0.
533
ACTION:
ACTION:
ACTION:
AIR POLLUTION CONTROL: The qualification of Mr. Robert E. Johnston as
a member of the Advisory and Appeal Board, Air Pollution Control, for a
term ending December 31, 1984, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Garland and adopted by the following
vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor .......................................................... 7.
NAYS: None .......................................................... O.
COUNCIL: The City Attorney orally requested that Council meet in
Executive Session to discuss a matter of pending litigation pursuant to
Section 2.1-344 (a) (6), Code of Virginia (1950), as amended.
Mr. Trout moved that Council concur in the request to convene in
Executive Session to discuss a matter of pending litigation, pursuant to
Section 2.1-344 (a) (6), Code of Virginia (1950), as amended. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ............................................................ 7.
NAYS: None ............................................................ 0.
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
TAXES: Vice~Mayor Musser advised that Mr. Sam Nackley, 1623 Sherwood
Avenue, S. W., had furnished him with certain written information concerning
the real estate assessments on his properties located at 1623 and 1629
Sherwood Avenue, $. W.; whereupon, Mr. Musser requested that the City Clerk
make copies of the material available to each member of Council.
(See written material on file in the City Clerk's Office.)
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: Acommunication from the Roanoke City School Board
requesting that Council appropriate $3,000.00 to an account for Career
Education, with all expenditures to be reimbursed by federal funds, was
before the body.
(For full text, see communication on file in the City Clerk's Office.)
A report of the Director of Finance advising that he has reviewed the
request for appropriation for the School Board; that the Career Education
1982-83 program will be 100 per cent reimbursed by Federal funds; and
recommending that Council concur in the request, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#26424) AN ORDINANCE to amend and reordain certain sections of the
1982-83 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 6.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Dr. Butler and adopted by the following vote:
534
ACTION:
ACTION:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ........................................................... 7.
NAYS: None ............................................................ 0.
BUDGET-SCHOOLS: A communication from the Roanoke City School Board
requesting a change in the submission date of the Board's operating budget
from March 15 to April 1, advising that this same request was adopted in a
resolution on May 11, 1982, and submitted to Council on May 18, 1982; that
the Board realizes the change in submission dates will require an amendment
to Section 56 of the Charter of the City of Roanoke, and the Board desires
to discuss this matter at Council's convenience, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Dr. Butler moved that Council concur in the request of the School
Board to discuss the matter, and that the request of the Board be referred
to the City Manager and the City Attorney for input to Council prior to the
time that Council meets with the School Board. The motion was seconded by
Mr. Trout and unanimously adopted.
ZONING: A communication from Mr. Paul G. Jamison, Agent for Lynn Avis
and George Preas, requesting a twenty-four month extension of the rezoning
granted by Ordinance No. 25603 on three tracts of land located on the
southerly side of Roberts Road, S. W., was before Council.
(For full text, see communication on file in the City Clerk's Office.)
The City Attorney advised of the following two courses of action which
may be followed by the Council; viz: (1) refer the request to the City
Planning Commission for study, report and recommendation to Council; or (2)
hold a public hearing before Council on the request pursuant to Section 36-
556 of the Code of the City of Roanoke (1979), as amended.
Mr. Garland moved that the request of Mr. Jamison be referred to the
City Manager for study, report and recommendation to Council as to which
course of action should be followed. The motion was seconded by Mr. Trout
and unanimously adopted.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
CITY EMPLOYEES: The City Manager submitted a written report with
regard to proposed amendments to Section 2-67, Vacancies and Promotions
in Classified Service, of the Code of the City of Roanoke (1979), as amended,
advising that on February 28, 1983, Council reviewed a proposed Ordinance
which would amend Section 2-67 of the Code of the City of Roanoke and
provide two substantive changes:
Appointment made from eligibility list to classification
of Police Officer II or Sergeant in the Police Department,
or Lieutenant or Captain in the Fire Department shall be made
on a permanent basis within 30 days after the vacancy first
occurred.
Any vacancy in the classification of Police Officer II
or Sergeant in the Police Department, or Lieutenant or
Captain in the Fire Department shall be filled from
the eligibility list effective on the date such vacancy
first occurred.
The City Manager advised that on February 28, 1983, Council referred the
ordinance to him for review and recommendation.
535
ACTION:
ACTION:
Mr. Ewert pointed out that promotional data within in the Police and
Fire Departments in affected positions (Police Officer II, Sergeant in
Police Department~ and Lieutenant and Captain in Fire Department), beginning
July 1, 1981, reveal the following:
Promotions into positions indicated above were filled from
elibilility lists effective on the date such vacancy first
occurred; and
All promotions into positions indicated above were filled
within 31 days after eligibility list was promulgated and
the vacancy occurred.
Ne advised that Personnel Operating Procedure al, Selection and Hiring, was
promulgated on September 5, 1979, for ~he purpose of establishing a procedure
of election, hiring and promotion of all persons seeking employment in the
classified service of the City and POP al has been reviewed by the Personnel
and Employment Practices Commission.
The City Manager recommended that the City Administration meet with
the Personnel and Employment Practices Commission to review POP al; that a
public meeting will provide the opportunity for employee comment as to the
need for amendments to POP al as it relates to the filling of promotions
of: Police Officer II and Sergeant, Police Department; Lieutenant and
Captain, Fire Department; that equity will be insured by providing inter-
ested employees a forum to comment on procedure; that factual review of
comments at PEPC will be undertaken; and no affected eligibility list is in
danger of expiring prior to June, 1983.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the City Manager's recommendation.
The motion was seconded by Mr. Garland and unanimously adopted.
CITY EMPLOYEES-POLICE DEPARTMENT: The City Manager submitted a written
report advising that Resolution No. 4748 established the policy of Council
for payment of regular salaries, in lieu of other compensation paid by the
City, to employees of the Police and Fire Departments absent from duty due
to line of duty injuries, not to exceed 60 days, provided, however, that
Council may consider paying the employee injured in line of duty for additional
time absent from their regular duty, but in no event will payment be made
until authorized by Council; that on November 1, 1983, M. A. Rayl, a
Police Officer, was seriously injured in a line of duty vehicle accident on
Williamson Road and Liberty Road, N. W.; that Officer Rayl did not contribute
to the cause of the accident and made all effort to avoid it; and on January 24,
1983, Council by Resolution No. 26351, extended the pay benefits provided by
Resolution No. 4748 for a period of sixty days beginning January 24 and
ending March 26, 1983.
The City Manager advised that Officer Rayl was hospitalized following
the accident and remains absent from duty due to injuries received; that
he has not been released by his physician to return to duty; and Council
authorization is required for regular salary payment to Officer Rayl during
his continued absence from duty due to line of duty injuries.
The City Manager recommended that Council authorize regular.pay for an
additional sixty days or portion thereof until Officer Rayl's return to
duty.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following Resolution:
(#26425) A RESOLUTION extending the pay benefits provided for by
Resolution No. 4748, for a certain emergency service employee.
(For full text of Resolution, see Resolution Book No. 48, page 6.)
536
ACTION:
Mr. Garland moved the adoption of the Resolution. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor .......................................................... 7.
NAYS: None ......................................................... O,
BUDGET-PARKS AND PLAYGROUNDS-GRANTS: The City Manager submitted a
written report advising that the Old Southwest Neighborhood Alliance reques-
ted to assume responsibility for the building and i---ediate grounds in 1979
of the Alexander-Glsh House and was granted a lease by Council pursuant to
Ordinance No. 24929; that Council approved partial funding of the Alexander-
Gish House restoration, in the amount of $25,000.00 on July 13, 1981; and
the source of funding was a transfer of $25,000.00 in Community Development
Block Grant monies from Parks, Playgrounds and other to the Alexander-Gish
House Renovation.
Mr. Ewert pointed out that the Old Southwest Foundation has completed
Phase I of this three phase project; and Old Southwest Foundation has
requested that the City, through the Community Development Block Grant
Program, invest an additional $25,000.00 in the continuation of the project.
The City Manager recommended that Council concur in the'request of the
Old Southwest Neighborhood Foundation, advising that the cost to the City
will be zero inasmuch as funds are available in the 1979-80 Community
Development Block Grant budget for Highland Park Street Improvements; that
impact on the restoration project would be positive, with this money acting
as a catalyst for further fund-raising efforts; and rehabilitation of the
Alexander-Gish House was recommended as a parks improvement concept in the
City's Comprehensive Parks and Recreation Plan.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency Ordinance:
(#26426) AN ORDINANCE to amend and reordain certain sections of the
1982-83 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No, 48, page 7.)
Mr. Harvey moved the adoption of the Ordinance. The motion was seconded
by Mr. Trout and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ......................................................... 7.
NAYS: None ........................................................... O.
SEWERS AND STORM DRAINS-EASEMENTS: The City Manager submitted a
written report advising that a fifteen foot storm drain and fifteen foot
sanitary sewer easement from the intersection of Clinton and Greenbrier
Avenues, S. E., which continues across the Roanoke River and on to the
Sewage Treatment Plant, crosses the west side of the Hooker Furniture
Company property; that the Hooker Furniture Company recently built a large
addition to their plant and this necessitated the relocation of an approximately
205 foot section of the easements and pipelines; that a certain Quitclaim
Deed, when executed, will abandon the original easement and establish a new
easement on a new alignment; and Hooker Furniture Company has already
accomplished the installation of the storm drain and sewer lines in the
new alignment.
The City Manager recommended that Council authorize him to execute a
deed abandoning a portion of a sanitary sewer and storm drain easement and
establishing a new alignment for the easements.
(For full text, see report on file in the City Clerk's Office.)
537
ACTION:
ACTION:
ACTION:
Mr. Trout moved that the following Ordinance be placed upon its first
reading:
(#26427) AN ORDINANCE authorizing relocation of a City storm drain and
sanitary sewer easement across property owned by Hooker Furniture Corporation.
The motion was seconded by Mr. Musser and adopted by the following
vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ........................................................ 7.
NAYS: None ............................................................ 0.
DOWNTOWN ROANOKE-STREET LIGHTS-CENTURY PROJECT: The City Manager having
previously submitted a written report reserving space on the agenda concerning
a change order required for completion of the Downtown Street Improvements
and Lighting Project, the matter was before the body; whereupon, he orally
requested that consideration of the report be deferred until the next regular
meeting of Council on Monday, April 4, 1983.
Mr. Garland moved that Council concur in the request. The motion was
seconded by Mrs. Bowles and unanimously adopted.
ECONOMIC DEVELOPMENT COMMISSION-INDUSTRIES-ZONING: The City Manager
submitted a written report advising that the City purchased a 15.198 acre
tract of land on January 10, 1983, to provide access from U. S. Route 460
to the remainder of the Roanoke Centre for Industry and Technology; that
the tract is presently zoned RS-3, Single Family Residential; that plans
for the Roanoke Centre for Industry and Technology include subdividing the
tract on each side of the proposed access road; and planned uses would be
permitted by LM, Light Manufacturing zoning.
The City Manager recommended that Council authorize him to initiate a
petition to rezone the abovedescribed parcel of land, Official Tax No.
7160102, from RS-3, to LM.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that Council concur in the City Manager's recommenda-
tion, and that the City Attorney be requested to prepare the necessary
legal documents. The motion was seconded by Mr. Trout and unanimously
adopted.
STREETS AND ALLEYS-SCHOOLS-SALE/PURCHASE OF PROPERTY: The City Manager
submitted a written report advising that Council adopted Ordinance No.
25761 on October 5, 1981, which closed a portion of an alleyway behind
Harrison School; that the alleyway closing was contingent upon TAP construc-
ting a twenty foot public right of way to provide access to the open portion
of the alley; that Harrison School Project evolved from an entirely public
sector project to a public-private partnership with Harrison School, a
limited partnership, purchasing the Harrison School property on February
23, 1983; that condition for twenty foot public right of way cannot be
satisfied as total width of site between building and boundary is nineteen
feet; that a new plat showing a turnaround space, which is to be constructed
by the Harrison School partnership to City standards and to be dedicated
and deeded to the City, has been reviewed and approved by the City Engineer;
that several technical matters in Ordinance No. 25761 must be corrected;
that Council authorization to quitclaim any residual right that the City
may have in the title of the alleyway to be closed, which right is remote
at least, is required to satisfy the request of counsel for Harrison School
limited partnership, and the City has no interest or need in retaining any
such right in this alleyway.
A s,,mmary of the proposed amendments to Ordinance No. 25761 includes:
538
ACTION:
ACTION:
Change of developer from TAP to Harrison School, limited
partnership.
Construction of a turnaround rather than a twenty foot
public right of way provided for.
Change in legal description of portion of alleyway closed.
Authorization to quitclaim any residual rights in portion
of alleyway closed to the Harrison School partnership has
been added.
The City Manager recommended that Council adopt a proposed Ordinance
amending Ordinance No. 25761 to facilitate completion of the Harrison
School Project.
(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:
(#26428) AN ORDINANCE amending Ordinance No. 25761, adopted October 5,
1981, which provided for the vacation, discontinuance and closing of a certain
alleyway within the City of Roanoke, as is more particularly described hereinafter;
and providing for certain matters relating to the closing of said alleyway.
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council members Trout, Bowles, Butler, Garland, Musser and
Mayor Taylor ............................................................. 6.
NAYS: None ........................................................ O.
(Council member Harvey abstained from voting.)
GAMBLING, SLOT MACHINES, BINGO, ETC.: The City Manager submitted a
written report advising that the General Assembly in 1979 amended the State
Code controlling bingo, in an effort to preclude the involvement of the
criminal element in the bingo operation, and discourage the involvement of
commercial operators which diverts proceeds from non-profit organizations,
in bingo operations; that on July 9, 1979, the City Attorney suggested to
Council that the bingo ordinance was in need of amendment; that state
statutes controlling bingo are applicable throughout the state with local
government action; and prohibiting "instant bingo" is an option available
to local governments to make bingo ordinances more restrictive; that "instant
bingo" is defined as a game of chance, played by the random selection of
one or more prepackaged cards, with the winners being determined by the
preprinted appearance of the letters B-I-N-G-O on the reverse of such card.
The City Manager recommended that Council amend Section 21-66 of the
Code of the City of Roanoke, Binso Games and Raffles, to permit "instant
bingo"; to assign audit responsibility to the Commissioner of Revenue;
to charge no audit fee above the present bingo permit fee of $25.00, and to
provide for the additional mandatory amendments consistent with the State
Code.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the City Manager's recommenda-
tion, and that the report be referred to the City Attorney for preparation
of the proper measure. The motion was seconded by Dr. Butler and unanimously
adopted.
POLICE DEPARTMENT-NEIGHBORHOOD PARTNERSHIP STEERING COMMITTEE: The
City Manager submitted a written report with regard to a proposed Crime
Watch Sign Program, advising that a pilot sign program was developed and
implemented on a trial basis in three of the four pilot Partnership neighborhoods
(Raleigh Court, Williamson Road, Gilmer) under the following guidelines:
539
ACTION:
ACTION:
Limit of one sign per centerline mile, subject to approval
of the City Manager.
Cost of installation and fabrication paid by neighborhood
organizations.
Signs have been requested and installed in Gilmer and sec-
tions of Williamson Road and Raleigh Court.
The City Manager advised that a standard program needs to be adopted because
other neighborhoods besides the four pilot Partnership neighborhoods want
signs, and a uniform program applicable to all neighborhoods is needed to
insure maximum positive impact of signage.
The City Manager recommended that a Crime Watch Program be adopted
pursuant to the following criteria:
Requesting organization must have a president or coordinator
and block leaders.
Requesting organization must have at least four meetings to
learn about neighborhood crime prevention techniques.
At least 50% of the Crime Watch area's households must be in-
volved in the program.
Organization must show evidence that their program is on-going
and stable.
Defined geographical area must be approved by a committee com-
posed of the Crime Prevention Officer, representative from
the City Engineering Department, and the Partnership Coordinator.
At least six months must elapse between beginning of training
in crime prevention and approval of signs.
Location of the signs to be suggested by neighborhood and
determined by Engineering Department.
Limit on number of signs will be one sign per centerline
mile maximum.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that Council concur in the recommendation. The motion
was seconded by Mr. Harvey.
Mr. George E. Franklin, Jr., President of the Upper Loudon Avenue
Crime Watch and Development Committee, appeared before Council and read a
prepared statement advising that his organization considers this type of
concept essential to their well being and success. He stated that his
group was made aware of the report approximately one week ago, that they
have questions with regard thereto, and requested that Council allow his
organization the opportunity to address their concerns with the City Manager
and his staff prior to adoption of the Program by Council.
(For full text, see statement on file in the City Clerk's Office.)
Following discussion of the request, Mrs. Bowles offered a substitute
motion that action on the report be deferred until all neighborhood organiza-
tions have had an opportunity to review the report and provide input. The
motion was seconded by Dr. Butler and unanimously adopted.
INSURANCE-POLICE DEPARTMENT-SHERIFF: The City Manager submitted a
written report concurring in a report of the Bid Co~m~ittee recommending
that the bid of Marsh & McLennon, Incorporated, to provide Law Enforcement
Liability Insurance, with $3,000,000 limits of liability, for a period of
three years at $40,613.90 per year, be accepted.
(For full text, see report on file in the City Clerk's Office.)
54O
ACTION:
ACTION:
Mr. Trout offered the following emergency Ordinance:
(#26429) AN ORDINANCE accepting the proposal of Marsh & McLennon,
Incorporated, to provide law enforcement officers liability insurance
coverage for the City for a three-year term, upon certain terms and conditions,
rejecting all other proposals made to the City for such insurance; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 8.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ........................................................ 7.
NAYS: None .......................................................... O,
CITY ATTORNEY:
TAXES-DIRECTOR OF REAL ESTATE VALUATION: The City Attorney submitted
a written report advising that at the regular meeting of Council on Monday,
February 28, 1983, Mr. G. Marshall Mundy, Attorney, representing Concerned
Citizens of Roanoke, presented a communication and made a statement concerning
certain alleged inequities in the 1983 real estate assessments; and Council
referred to the City Attorney a question as to whether all 1983 assessments
may lawfully be held in abeyance until a review of the City tax assessment
procedures is completed by the State Department of Taxation.
Mr. Dibling advised that for certain reasons, as more fully set forth
in his report, he is of the opinion that the City Council cannot lawfully
hold the annual assessment in abeyance after the last day of February,
noting that the annual assessment of real property or collection of any
local taxes cannot even be restrained by legal action except where there is
no adequate remedy at law. He further noted that there is an adequate
remedy for individual taxpayers who believe their real estate assessments
are erroneous, in that they may be corrected pursuant to order of the Board
of Equalization, pursuant to court order or by the Commissioner of Revenue
if he is satisfied that he has erroneously assessed an applicant.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion was
seconded by Mr. Musser and unanimously adopted.
REPORTS OF COMMITTEES:
WATER DEPARTMENT: Council member Elizabeth T. Bowles, Chairman of the
Water Resources Committee, presented a written report of the Committee,
recommending that Council establish the following minimum water bill charges,
based on the size of meter (s) serving each location:
Meter Size (inch)
0-200 cu.ft./mo.
Monthly Billin~
0-600 eu.ft./qtr.
Quarterly Billin8
5/8
3/4
1
i 1/2
2
3
4
6
8
10
$ 1.68 $ 5.04
2.52 7.56
3.36 10.O8
8.40 25.20
13.44 40.32
33.60 100.80
53.76 161.28
134.40 403.20
215.04 645.12
344.06 1,032.18
Fire Service Only
4
6
8
10
53.76
134.40
215.04
344.06
541
ACTION:
ACTION:
ACTION:
Minim,~ charge for servlce for property located outside City limits: 100%
greater than City rate.
Mrs. Bowles further recommended that the adjusted minimum water bill
charges be in effect for all water service billed on and after May 1, 1983.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(#26430) A RESOLUTION establishing minimum water bill charges.
(For full text of Resolution, see Resolution Book No. 48, page 9.)
Mrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
andMayor Taylor ........................................................... 7.
NAYS: None ......................................................... O.
ZONINg-ROANOKE M~iMORIAL HOSPITALS-REH~kBILITATION CENTERS: A report of
the City Planning Commission concerning an update of the Comprehensive Plan
in regard to health care facilities in the City, advising that there is no need
to establish a separate hospital zone, and as part of the ongoing review of
C-1 district regulations, the Planning Commission will review the restric-
tions on health care facilities and make such recommendations as deemed
necessary, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that the report be received and filed. The motion
was seconded by Mr. Musser and unanimously adopted.
AIRPORT: A report of the Airport Advisory Commission recommending
approval of a thirteen month landing fee agreement with Air Virginia for a
flat rate of $3,000.00 per month, expiring on March 30, 1984, was before
Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency Ordinance:
(#26431) AN ORDINANCE authorizing the execution of a thirteen-month
landing fee agreement with Flight America, Inc., d/b/a Air Virginia for a
flat monthly rate of $3,000; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 9.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor .......................................................... 7.
NAYS: None ........................................................... 0.
AIRPORT: A report of the Airport Advisory Commission concurring in
and recommending approval of the following action strategy related to
airline service and fares at Roanoke Municipal Airport, Woodrum Field:
Air fare parity by requesting Piedmont Airlines for fares
at Roanoke comparable to those at Greensboro and Washington
to all major hubs served thereby reducing incentive of Valley
residents to drive two to four hours for lower fares.
542
ACTION:
ACTION:
ACTION:
ACTION:
Air service needs to be defined by conducting origin and des-
tination study by professional survey. Results to be discus-
sed with Piedmont and Air Virginia officials. Contact other
airlines for new market carrier service.
Marketing and promotion of airport by contacting Travel
Agencies and Valley businesses for their needs on routes and
service. Media promotion of Woodrum Field; its services
and economic impact on Southwest Virginia.
Facility improvements with main terminal iacelift and proceed-
ing with new Master Plan and its recommendations.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that Council concur in the recommendation. The
motion was seconded by Mr. Trout and unanimously adopted.
ROANOKE CITY ARTS COMMISSION: A report of the Roanoke City Arts
Commission requesting the adoption of an ordinance officially establishing
the Commission, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler moved that the report be referred to the City Manager for
study, report and recommendation to Council, and to the City Attorney for
preparation of the appropriate measure. The motion was seconded by Mr.
Garland and unanimously adopted.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
ZONING: Ordinance No. 26405 rezoning property located at the inter-
section of Norfolk Avenue and Campbell Avenue, S. E., containing approxi-
mately 2.4 acres, more or less, designated as Official Tax No. 4110301,
from LM, Light Manufacturing District, to t~i, Heavy Manufacturing District,
having previously been before the Council for its first reading on Monday,
March 14, 1983, 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:
(#26405) AN ORDINANCE to amend Sections 36-3 and 36-4, Code of the
City of Roanoke (1979), as amended, and Sheet No. 411, Sectional 1976 Zone
Map, City of Roanoke, in relation to Zoning.
(For full text of Ordinance, see Ordinance Book No. 48, page 3.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor .......................................................... 7.
NAYS: None ........................................................... O.
STREETS AND ALLEYS: Ordinance No. 26406, vacating, discontinuing and
closing a portion of an alley facing First Street, S. W., between Campbell
Avenue and Kirk Avenue, S. W., having previously been before the Council
for its first reading on Monday, March 14, 1983, 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:
(#26406) AN ORDINANCE permanently vacating, discontinuing and closing
a portion of an alley facing First Street, S. W., in the City of Roanoke,
Virginia, as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 48, page 4.)
ACTION:
ACTION:
543
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor .......................................................... 7.
NAYS: None .......................................................... O.
BUDGET-JUVENILE NOME: Council at its Financial and Planning Session
on Monday, March 21, 1983, having concurred in a report of the City Manager
recommending that $4,163.00 be appropriated to the Juvenile Home budget for
the purchase of food service equipment, said amount to be 100% reimbursed
by the United States Department of Agriculture, Mrs. Bowles offered the
following emergency Ordinance:
(#26432) AN ORDINANCE to amend and reordain certain sections of the
1982-83 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No.
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ........................................................... 7.
NAYS: None .......................................................... O.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
APPALACHIAN POWER COMPANY: Council member Trout inquired about the
status of the contract with Appalachian Power Company for street lighting;
whereupon, the Director of Public Works advised that negotiations are
continuing with Appalachian Power Company, and it is anticipated that some
rate adjustments will be included in the 1983-84 fiscal year budget.
OTHER HEARINGS OF CITIZENS: NONE.
At 3:03 p.m., the Mayor declared the meeting recessed.
At 3:45 p.m., the meeting reconvened in the Council Chamber with Mayor
Taylor presiding, and all members of the Council present.
SCHOOLS: Pursuant to Chapter 9, Education, of the Code of the City of
Roanoke, (1979), as amended, the Mayor advised that at the Council meeting
on April 11, 1983, Council will announce the names of the six persons to
be accorded the public interview on April 14, 1983, at 7:00 p.m., for the
position of School Board Trustee; that he has requested that each member of
Council will furnish the City Clerk with the names of six persons they
would like to receive the public interview; that the City Clerk will tabulate
the results; and the names of the six persons to be accorded the public
interview will be announced at the Council meeting on Monday, April 11,
1983, said meeting to begin at 7:30 p.m.
HOUSING: The Mayor advised that the three year terms of Messrs. A.
Wade Coffey, Jr., Charles A. Davis, William O. Lavin and Clifford A.
Hammer as members of the Fair Housing Board will expire on March 31, 1983,
and called for nominations to fill the upcoming vacancies.
Mrs. Bowles placed in nomination the names of Messrs. A. Wade Coffey,
Jr., Charles A. Davis, William O. Lavin and Clifford A. Hammer.
There being no further nominations, Messrs. Coffey, Davis, Lavin and
Hammer were reelected as members of the Fair Housing Board for terms of
three years each, ending March 31, 1986, by the following vote:
FOR MESSRS. COFFEY, DAVIS, LAVIN AND HAMMER: Council members Trout,
Bowies, Butler, Garland, Harvey, Musser and Mayor Taylor ................... 7.
544
There being no further business, the Mayor declared the meeting adjourned
at 3:50 p.m.
ATTEST:
City Clerk
APPROVED
Mayor
545
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
April 4, 1983
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the Council
Chamber in the Municipal Building, City of Roanoke, on Monday, April 4, 1983, at
2:00 p.m., the regular meeting hour, with Mayor Noel C. Taylor presiding.
PRESENT: Council members Wendell H. Butler, Robert A. Garland, James G.
Harvey, II, Howard E. Musser, James O. Trout, Elizabeth T. Bowles and Mayor Noel C.
Taylor ........................................................................... 7.
ABSENT: None .......................................................... O.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. W. Robert Herbert,
Assistant City Manager; Mr. Wilburn C. Dibling, Jr., City Attorney; Mr. Joel M.
Schlanger, Director of Finance; and Ms. Mary F. Parker, City Clerk.
The invocation was delivered by Mayor Taylor.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Taylor.
PROCLAMATIONS: The Mayor presented a proclamation declaring the month of
April, 1983, as Child Abuse Prevention Month.
(For full text, see proclamation on file in the City Clerk's Office.)
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be enacted
by one motion in the forms listed on the Consent Agenda, and if discussion
is desired, that item will be removed from the Consent Agenda and considered
separately. He noted that included on the Consent Agenda is a request for
an Executive Session to discuss a personnel matter; that Council member
Harvey has requested an Executive Session to discuss a personnel matter;
and the City Manager has requested an Executive Session to discuss a
matter of pending litigation.
MINUTES: Minutes of the regular meetings of Council held on Monday,
March 7, 1983,'and Monday, March 14, 1983, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
ACTION:
Mr. Trout moved that the reading of the minutes be dispensed with and
that the minutes be approved as recorded. The motion was seconded by Mr.
Musser and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Musser, Trout, Bowles
and Mayor Taylor ......................................................... 7.
NAYS: None ......................................................... 0.
COUNCIL: A communication from Council member Wendell H. Butler
requesting an Executive Session to discuss a personnel matter, pursuant
to Section 2.1-344 (a) (1), Code of Virginia (1950), as amended, was
before Council.
(For full text, see communication on file in the City Clerk's Office.)
ACTION:
Mr. Trout moved that Council concur in the request to convene in
Executive Session to discuss a personnel matter pursuant to Section 2.1-
344 (a) (1), Code of Virginia (1950), as amended. The motion was seconded
by Mr. Musser and adopted by the following vote:
546
ACTION:
ACTION:
ACTION:
ACTION:
AYES: Council me~bers Butler, Garland, Harvey, Musser, Trout, Bowles
and Mayor Taylor ......................................................... 7.
NAYS: None ......................................................... 0.
PENDING ITEMS: A list of items pending from July 10, 1978, through
March 28, 1983, was before Council.
(For full text, see pending list on file in the City Clerk's Office.)
Mr. Trout moved that the pending list be received and filed. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Musser, Trout, Bowles
and Mayor Taylor ......................................................... 7.
NAYS: None ......................................................... O.
HEALTH: The qualification of Mrs. Lorna K. Stone as a member of the
Mental Health Services Board to fill the unexpired term of Mr. Charles L.
Williams, Jr., resigned, ending December 31, 1983, was before Council.
(See Oath of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Musser and adopted by the following
vote:
AYES: Council members Butler, Garland, Harvey, Musser, Trout, Bowles
and Mayor Taylor ......................................................... 7.
NAYS: None ......................................................... O.
COUNCIL: Mr. Harvey orally requested that Council meet in Executive
Session to discuss a personnel matter pursuant to Section 2.1-344 (a) (1),
Code of Virginia (1950), as amended.
Mr. Trout moved that Council concur in the request to convene in Execu-
tive Session to discuss a personnel matter pursuant to Section 2.1-344 (a)
(1), Code of Virginia (1950), as amended. The motion was seconded by Mr.
Musser and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Musser, Trout, Bowles
and Mayer Taylor ......................................................... 7.
NAYS: None ......................................................... 0.
COUNCIL: The City Manager orally requested that Council meet in
Executive Session to discuss a matter of pending litigation, pursuant to
Section 2.1-344 (a) (6), Code of Virginia (1950), as amended.
Mr. Trout moved that Council concur in the request to convene in
Executive Session to discuss a matter of pending litigation, pursuant to
Section 2.1-344 (a) (6), Code of Virginia (1950), as amended. The motion
was seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Musser, Trout, Bowles
and Mayor Taylor ......................................................... 7.
NAYS: None ......................................................... 0.
REGULAR AGENDA:
AIRPORT: An informational report of the Airport Advisory Commission
with regard to a request of First Virginia Bank to have limited access to
Donahoe Drive for its operation center adjoining Roanoke Municipal Airport,
Woodrum Field, on motion of Mr. Trout, seconded by Mr. Musser and unanimously
adopted, having been removed from the Consent Agenda to be discussed by
Council, the matter was before the body.
547
ACT I ON:
ACTION:
ACT ION:
In its report, the Airport Advisory Commission advised that First
Virginia Bank had previously requested such an access to the Commission on
January 21, 1981, but because of limitations recommended by the Commission,
the Bank withdrew its request; that at its meeting on March 21, 1983, the
Airport Advisory Commission deadlocked in a 3 - 3 vote on the access road
request, with Commission member Sidney A. Wetnstein stating that he would
change his negative vote to an affirmative vote if the bank would agree to
control the access by a card activated gate.
(For full text, see report on file in the City Clerk's Office.)
Mr. J. Albert Ellett, Attorney, representing First Virginia Bank,
appeared before Council and requested limited access to Donahoe Drive,
advising that the intended use will be mainly for two vehicles for key
executive personnel, one vehicle for a handicapped individual, for visit-
ing corporate executives from the Falls Church main office, and for ser-
vice personnel flown in for the purpose of servicing computer equipment,
noting it is anticipated that total use of the access normally will be
limited to less than ten vehicles daily; that the Executive parking area,
having fourteen parking spaces, will be barricaded from the main parking
area, so that no other employees or personnel can have access to the area
and in turn no access to Donahoe Drive.
In further explanation, Mr. Ellett advised that his client would like
to have access to Donahoe Drive without the requirement for installation
of the card controlled gate, and if this arrangement does not prove to be
satisfactory, First Virginia Bank is willing to consider the installation
of the gate.
Following discussion of the request, Mr. Harvey moved that the
matter be referred to the City Manager for study, report and recommenda-
tion, and that the report of the City M~nager be forwarded to the Airport
Advisory Commission for rehearing of the request, if the recommendation
of the City Manager differs from the recommendation of the Airport Advisory
Commission under date of April 4, 1983, prior to placing the matter on
Council's agenda. The motion was seconded by Mr. Trout and unanimously
adopted.
CITY GOVERNMENT: The Mayor called to the attention of Council the
death of Mayor Gumbe, Mayor of Roanoke's Sister City of Kisumu, Kenya;
whereupon, Mr. Garland moved that the City Attorney be requested to
prepare the proper measure expressing sympathy to the citizens of Kisumu.
The motion was seconded by Mr. Trout and unanimously adopted.
HEARING OF CITIZENS UPON PUBLIC M3~TTERS: NONE.
PETITIONS AND COMMUNICATIONS:
INDUSTRIES: A communication from the Industrial Development Authority
recommending approval of a plan to assist the Hershberger Group in financ-
ing the acquisition, construction and equipping of a commercial office
building by issuance of industrial development revenue bonds, in the
estimated amount of $475,000°00, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
(#26433) A RESOLUTION approving the plan of financing of the In-
dustrial Development Authority of the City of Roanoke, Virginia, for the
benefit of Hershberger Group, a Virginia general partnership, to the
extent required by Section 103(k) of the Internal Revenue Code of 1954, as
amended, and City Ordinance No. 26401.
(For full text of Resolution, see Resolution Book No. 48, page 13.)
Mr. Trout moved the adoption of the Resolution. The motion was
seconded by Mr. Musser and adopted by the following vote:
548
ACTION:
ACTION:
ACTION:
AYES: Council members Butler, Garland, Harvey, Musser, Trout, Bowles
and Mayor Taylor ........................................................ 7.
NAYS: None ........................................................ O.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOM~NDED FOR ACTION:
NURSING HOME: The City Manager submitted a written report relative
to the situation now existing with regard to Medicaid reimbursement reduc-
tions for services provided to eligible citizens by the Nursing Home,
recommending that the City continue to operate the Nursing Home as a City
Department and that the Administration continue to negotiate with the
State Health Department and implement all possible cost reductions which
will not adversely affect patient care; and that Council and the Administra-
tion will actively pursue a legislative remedy to the unfair distinction
made in Medicaid reimbursement rates between State and Municipally owned
facilities.
(For full text, see reports on file in the City Clerk's Office.)
A report of the Advisory Board of Human Resources transmitting a
resolution requesting the continued City ownership and operation of the
City Nursing Home until such time as State legislation brings the Home
under the umbrella of full cost coverage, was also before Council.
(For full text, see communication and resolution on file in the City
Clerk's Office.)
Mr. Trout offered the following Resolution:
(#26434) A RESOLUTION rejecting all proposals with respect to pur-
chase or management of the Roanoke City Nursing Home.
(For full text of Resolution, see Resolution Book No. 48, page 14.)
Mr. Trout moved the adoption of the Resolution. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Musser, Trout, Bowles
and Mayor Taylor ......................................................... 7.
NAYS: None ......................................................... O.
Mr. Garland moved that the resolution adopted by the Advisory Board
of Human Resources be received and filed. The motion was seconded by Mr.
Harvey and unanimously adopted.
CITY EMPLOYEES-PUBLIC ASSISTANCE: The City Manager submitted a
written report recommending approval of a leave of absence for educational
purposes for Mrs. Adrienne A. Gilliam, Social Worker, for the period of
August 26, 1983, through May 11, 1984, pursuant to Chapter 2, Section 2-
45, Leave of Absence for Educational Purposes, of the Code of the City of
Roanoke, 1979, as amended.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
(#26435) A RESOLUTION approving the granting of a leave of absence
for educational purposes to Adrienne A. Gilliam, an employee of the
Department of Human Resources.
(For full text of Resolution, see Resolution Book No. 48, page 14.)
549
ACTION:
ACTION:
Mr. Trout moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Musser, Trout, Bowles
and Mayor Taylor ......................................................... 7.
NAYS: None ......................................................... 0.
CITY EMPLOYEES-FIRE DEPARTMENT: The City Manager submitted a written
report advising that Resolution No. 4748 established policy for payment of
regular salaries in lieu of other compensation paid by the City, to employees
of the Police and Fire Departments absent from duty due to line of duty
injuries, not to exceed 60 days provided, however, Council may consider
paying the employee injured in the line of duty for additional time absent
from their regular duty, but in no event will payment be made until authorized
by Council; that on June 8, 1982, J. C. Saunders, a Fire Lieutenant, was
injured in line of duty while operating the tiller of No. 1 Ladder Truck
at Reserve Avenue and Franklin Road, S. W.; that Lieutenant Saunders did
not contribute to the cause of the accident; and on January 24, 1983,
Council, pursuant to Resolution No. 26351 extended the pay beneifts pro-
vided by Resolution No. 4748 for a period of sixty days beginning January 24
and ending March 26, 1983.
It was noted that Fire Lieutenant Saunders was hospitalized following
the accident and remains absent from duty due to injuries received; that he
has not been released by his physician to return to duty; and Council
authorization is required for regular salary payment to Mr. Saunders
during his continued absence from duty due to line of duty injuries.
The City Manager recommended that Council authorize regular pay for
an additional sixty days or portion thereof until Lieutenant Saunders'
returns to duty.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(#26436) A RESOLUTION extending the pay benefits provided for by
Resolution No. 4748, for a certain emergency service employee.
(For full text of Resolution, see Resolution Book No. 48, page 15.)
Mrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Musser, Trout, Bowles
and Mayor Taylor ......................................................... 7.
NAYS: None ......................................................... O.
BUDGET-FIRE DEPARTMENT: The City Manager submitted a written report
advising that the present boiler in Fire Station No. 2 was installed in
1950 and is a coal-fired stoker-fed boiler; that the boiler is beginning
to generate smoke inside the Fire Station from the boiler itself and from
the stoker.
The City Manager recommended that Council approve the funding to
design and install a new energy efficient boiler; and that the sum of
$15,000.00 be appropriated from the Buildings category of the Public
Improvement Bonds Series 1982, Account No. A08310172703, to an account to
be established by the Director of Finance for boiler replacement at Fire
Station No. 2.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#26437) AN ORDINANCE to amend and reordain certain sections of the
1982-83 Capital Projects Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 15.)
550
ACTION:
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Musser, Trout, Bowles
and Mayor Taylor ......................................................... 7.
NAYS: None ......................................................... O.
BUDGET-BRIDGES: The City Manager submitted a written report advising
that bridges slowly deteriorate due to wear from moving traffic and weather
conditions and major repairs and/or replacement are eventually needed in
order to keep bridge structures in safe and efficient operating condition;
that an annual bridge inspection program is used by the City to determine
which bridges are in greatest need of repair and/or replacement, and
inspection reports from recent years indicat~ that 13th Street, S. W.,
bridge over the N & W Railroad requires complete replacement, Ninth Street,
S. E., bridge over the Roanoke River requires deck replacement, and Walnut
Avenue, S. E., bridge over the N & W Railroad requires deck repairs; that
funds totalling $1,000,000 were estimated to provide necessary bridge
improvements as part of the Capital Improvement Program/Capital Maintenance
and Equipment Replacement Program approved by Council in November, 1982;
and bonds sold in December, 1982 provided the funds necessary to complete
the above bridge repairs in a timely, cost effective manner.
The City Manager advised that engineering design qualification propo-
sals for bridge repairs were requested on December 12, 1982, and received
on December 22, 1982, from:
Harris, Norman, and Giles
Hayes, Seay, Mattern and Mattern
Mattern and Craig
Smithey and Boynton
Wilbur Smith and Associates
Wiley and Wilson
Richard L. Williams;
that negotiations were conducted with those engineering firms felt to be
most qualified including Hayes, Seay, Mattern and Mattern for the 13th
Street, S. W., Bridge, and the Walnut Avenue, S. E., Bridge; and Wiley and
Wilson for the Ninth Street, S. E., Bridge.
The City Manager recommended award of an engineering design services
reimbursement, with cost ceiling contracts, to be in a form acceptable to
the City Attorney to Hayes, Seay, Mattern and Mattern, in an amount not to
exceed $109,554.00, for the 13th Street S. W., Replacement Bridge; and
Wiley & Wilson in an amount not to exceed $26,800.00, for the Ninth
Street, S. E., Bridge Deck Replacement; and that necessary funding be
transferred from the Streets and Bridges Category of 1982 Series of Public
Improvement Bonds, Account No. A08310172701, into the proper accounts to
be established by the Director of Finance, not to exceed $109,554.00 for
Hayes, Seay, Mattern and Mattern, and not to exceed $26,800.00 for Wiley
and Wilson.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#26438) AN ORDINANCE to amend and reordain certain sections of
the 1982-83 Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 16.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Musser, Trout, Bowles
and Mayor Taylor .......................... T .............................. 7.
NAYS: None ......................................................... O.
551
ACTION:
ACTION:
Mr. Trout offered the following emergency Ordinance:
(#26439) AN ORDINANCE authorizing the City Manager to enter into
certain engineering design contracts in connection with the repair or
reconstruction of certain bridges in the City of Roanoke; rejecting all
other proposals made to the City for the aforesaid services; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 17.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Musser, Trout, Bowles
and Mayor Taylor ......................................................... 7.
NAYS: None ......................................................... O.
STREETS AND ALLEYS-DOWNTOWN ROANOKE: The City Manager submitted a
written report advising that provision for funds totaling $1,132,867.00
for construction of Downtown Street Improvements and Lighting was adopted
by Council pursuant to Ordinance No. 26015; that New River Electrical
Corporation's bid for Downtown Street Improvements and Lighting project
was accepted by Council pursuant to Ordinance No. 26016; that engineering
design services were authorized by Council in Ordinance No. 25466 in an
agreement with Hayes, Seay, Mattern and Mattern for Downtown Street Lighting,
and with Mattern and Craig Consulting Engineers for Campbell Avenue and
Church Avenue Improvements; that sub-sidewalk basements were surveyed as
to their existence prior to this project for their inclusion in sidewalk
replacement plans and each property owner's cooperation and knowledge of
his basement area was necessary during this survey to help the City identify
those buildings known to have basements extending underneath sidewalks.
It was noted that major problems resulted from incorrect and/or
incomplete sub-sidewalk basement information received in the survey from
the property owners, and the need to construct reinforced sidewalk slabs
over unknown basements extending under the sidewalks occurred in at least
five situations not shown on the plans; that change orders to date have
added twenty-five days and $30,639.80 to the original contract, bringing
the construction cost to $1,109,506.80; that net additional funding required
for Change Order No. 10 is $67,000.00 which will provide for known as well
as unknown items for the remainder of the project.
The City Manager recommended that Council authorize the transfer of
$67,000.00 from Streets and Bridges Category of the 1982 Series of Public
Improvement Bonds to the Downtown Street Improvements and Lighting Account,
and add forty days to the contract time limit; and authorize the City
Manager to execute Change Order No. 10, in the amount of $61,135.30.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#26440) AN ORDINANCE to amend and reordain certain sections of the
1982-83 Capital Projects Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 18.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Musser, Trout, Bowles
and Mayor Taylor ......................................................... 7.
NAYS: None ......................................................... O.
552
ACTION:
ACTION:
Mr. Garland offered the following e~ergency Ordinance:
(#26441) AN ORDINANCE approving the City Manager's issuance of
Change Order No. 10 to the City's contract with New River Electrical
Corporation for construction of Downtown Street Improvements and Lighting,
authorized by Ordinance No. 26016, adopted May 10, 1982; and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 18.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Musser, Trout, Bowles
and Mayor Taylor .......................................................... 7.
NAY S: None .......................................................... 0.
CITY ATTORNEY:
LEGISLATION-REVENUE SHARING-PLANNING-GRANTS-BUSES: The City Attorney
submitted a written report advising that at the Council meeting on Monday,
March 21, 1983, he was requested to prepare the appropriate measure urging
continued funding for the General Revenue Sharing Program, the Community
Development Block Grant Program, the Urban Development Action Grant Program
and Federal Mass Transit; whereupon, Mr. Trout offered the following
Resolution:
(#26442) A RESOLUTION urging the United States Congress to extend
General Revenue Sharing with a reasonable increase in funding, to re-
authorize the Community Development Block Grant Program and the Urban
Development Action Grant Program with modest increases in funding and to
restore the full amount of federal mass transit for Fiscal Year 1984.
(For full text of Resolution, see Resolution Book No. 48, page 19.)
Mr. Trout moved the adoption of the Resolution. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Musser, Trout, Bowles
and Mayor Taylor ......................................................... 7.
NAYS: None ......................................................... 0.
REPORTS OF COMMITTEES:
CITY PROPERTY: Council member Elizabeth T. Bowles, Chairman of the
Water Resources Committee, presented a written report of the Committee
recommending that Council authorize the sale of four parcels of surplus
City-owned real estate, identified by Official Tax Nos. 3231803, 3230502,
5100425 and 6400802, to the adjoining property owner who has made the
highest offer as follows:
Official Tax No. 3231803, .11 ac +
North side, Varnell Avenue, N. E.
(Assessor's Value for tax purposes
Offer:
Bidder: Jackie R. Pierson
$ 800.00)
200.00
Official Tax No. 3230502, .147 ac +
East side, 13th Street, N. E.
(Assessor's Value for tax purposes
Offer:
Bidder: D. A. Huff
$ 200.00)
200.00
Official Tax No. 5100425, .68 ac +
Behind 5002 Bruceton Street, S. ~.
(Assessor's Value for tax purposes
Offer No. 1:
G. C. Hilliker
$2,500.00)
251.00
Offer No. 2: 550.00
S. R. Ratliff
Offer No. 3: 750.00
D. W. Shober
553
ACTION:
ACT ION:
Official Tax No. 6400802, .29 ac +
South end Fairhope Road, N. W.
(Assessor's Value for tax purposes
Offer No. 1:
S T. Thompson
$ 100.00
150.00
Offer No. 2: 500.00
J. W. Cobbs
It was further recommended that the grantee be responsible for providing
the legal documents to the satisfaction of the City Attorney.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#26443) AN ORDINANCE providing for the sale and conveyance of four
parcels of land owned by the City, bearing Official Tax Nos. 3231803,
3230502, 5100425 and 6400802.
The motion was seconded by Mr. Harvey and adopted by the following
vote:
AYES: Council members Butler, Garland, Harvey, Musser, Trout, Bowles
and Mayor Taylor .......................................................... 7.
NAYS: None .......................................................... O.
AIRPORT-CITY PROPERTY: Council member Elizabeth T. Bowles, Chairman
of the Water Resources Comanittee, presented a written report of the commit-
tee recommending authorization for the sale of the former middle marker
site for Runway 33 at Roanoke Municipal Airport, Woodrum Field, to the
Watts Estate, and also the abandonment of a certain road easement.
(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:
(#26444) AN ORDINANCE providing for the sale and conveyance of a
parcel of land owned by the City and situate in the City on the southerly
side of Avalon Avenue, N. W., and bearing Official Tax No. 2250103; and
authorizing the release and abandonment of the City's interest in a certain
roadway easement serving said parcel.
The motion was seconded by Dr. Butler and adopted by the following
vote:
AYES: Council members Butler, Garland, Harvey, Musser, Trout, Bowles
and Mayor Taylor ......................................................... 7.
NAYS: None .......................................................... O.
554
ACTION:
ACTION:
PLANNING-WATER DEPARTMENT: A report of the City Planning Commission
requesting favorable consideration to the endorsement of Information
Bulletin 551 as a source of information for citizens of the City and a
means of promoting the quality of life in the City, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr, Harvey moved that the report be referred to the City Manager for
study, report and recom~endation to Council. The motion was seconded by
Mr. Trout and unanimously adopted.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
SEWERS AND STORM DRAINS-EASEMENTS: Ordinance No. 26427 authorizing
relocation of a City storm drain and sanitary sewer easement across pro-
perty owned by Hooker Furniture Corporation, having previously been before
the Council for its first reading on Monday, March 28, 1983, read and
adopted on its first reading and laid over, was again before the body, Mr.
Garland offering the following for its second reading and final adoption:
(#26427) AN ORDINANCE authorizing relocation of a City storm drain
and sanitary sewer easement across property owned by Hooker Furniture
Corporation.
(For full text of Ordinance, see Ordinance Book No. 48, page 11.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Musser, Trout, Bowles
and Mayor Taylor .......................................................... 7.
NAYS: None .......................................................... 0.
STREETS AND ALLEYS-SCHOOLS: Ordinance No. 26428 amending Ordinance
No. 25761, adopted on October 5, 1981, providing for the vacation, discontinu-
ance and closing of a certain alleyway within the City of Roanoke, and
providing for certain matters relating to the closing of said alleyway as
it pertains to the development of the Harrison School property, having
previously been before the Council for its first reading on Monday, March 28,
1983, 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:
(#26428) AN ORDINANCE amending Ordinance No. 25761, adopted October 5,
1981, which provided for the vacation, discontinuance and closing of a
certain alleyway within the City of Roanoke, as is more particularly
described hereinafter; and providing for certain matters relating to the
closing of said alleyway.
(For full text of Ordinance, see Ordinance Book No. 48, page 11.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Butler, Garland, Musser, Trout, Bowles and
Mayor Taylor .......................................................... 6.
NAYS: None ...................................................... O.
(Council member Harvey abstained from voting.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEF~BERS OF'COUNCIL:
ACTION:
555
AIRPORT: Vice-Mayor Musser offered the following Resolution opposing
the Federal Aviation Administration's plan to close the Roanoke Flight
Service Station and to relocate its operations to Leesburg, and respectfully
urging the appropriate Federal Aviation Administration officials to reconsider
this plan in favor of the maintenance of the Flight Service Station at the
FAA, if appropriate, and in the interest of air travel safety, to designate
the Roanoke Flight Service Station a satellite Flight Service Station to
the City of Leesburg facility:
(#26445) A RESOLUTION expressing the City's opposition to the closing
of the Roanoke Flight Service Station and urging that if the said station
is closed, that a satellite Flight Service Station be located in the City.
(For full text of Resolution, see Resolution Book No. 48, page 20.)
Mr. Musser moved the adoption of the Resolution. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Musser, Trout, Bowles
and Mayor Taylor .......................................................... 7.
NAYS: None .......................................................... 0.
OTHER HEARINGS OF CITIZENS:
BRIDGES: Mr. Thomas F. Brady, Director of Public Works, appeared
before Council and presented a briefing on the 13th Street, S. W., Railroad
Bridge northwest abutment mud slide, advising that the mud slide occurred
at approximately 1:30 a.m., on April 3, 1983; that the Communications
Center was notified of the mud slide at the bridge by Norfolk and Western
Railway; that the Police Department immediately responded to the call by
immediately verifying the mud slide and closing the bridge; that barricades
were delivered to the site and initially put in place at about 1:50 a.m.,
by Public Works sign truck and operator; that City engineers and mainten-
ance personnel responded to Emergency Services notification, quickly
reviewed the situation, and agreed that the bridge should be closed until
further notice at 2:00 a.m.; that bridge engineers from Hayes, Seay,
Mattern' and Mattern were notified of problems and called to the site for
consultation at approximately 2:30 a.m.; that notifications of radio,
television and newspaper service of the closing and available detours began
at about 3:30 a.m.; that Norfolk and Western is cooperating fully and
removed the majority of the debris by Sunday afternoon, and the tracks are
open with rail traffic moving under slow speed and observation of the
bridge while train is passing; that detours and additional barricades,
including signs, were installed and put into full operation at about 7:30 a.m;
that City engineers returned to the bridge at 9:00 a.m., to again review
the status of the bridge and make sure no further damage had occurred, and
improved barricades at the bridge itself were installed and barricades
keeping pedestrians away from the northwest abutment were installed; that
bridge and City engineers returned to the bridge at 2:00 p.m., to review
the bridge structurally and to perform inspections for permanent damage and
no permanent damage is apparent at this time; and City personnel stayed on
the site at the bridge until 7:00 p.m., to insure everything was stable
with the bridge and to help insure no one was hurt at the site.
Mr. Brady advised that strategies and alternatives being considered
at this time include:
Accelerating complete replacement of existing bridge with a
new structure, and existing bridge would not be put back into
service
Substantial temporary repairs to existing structure so current
bridge could be put back into full service until plans and
specifications for the new bridge are complete.
Mr. Brady further advised of a combination of the first two alter-
natives to include:
556
ACTION:
ACTION:
Relatively minor repairs to northwest abutment to insure
stability;
Reducing weight limit on bridge to allow automobiles, vans
and light trucks only (about three tons);
Two, 15-foot wide lanes of traffic (one in each direction)
being put back into operation over the bridge deck; and
Accelerating construction of ~ew bridge so at least two
lanes of new structure could be opened to traveling
public while remainder of existing bridge is removed.
Mr. Brady pointed out that the report is provided for information and
more detailed information will be made available to Council as soon as
accurate alternatives can be clarified.
(For full text, see report on file in the City Clerk's Office.)
At 3:20 p.m., the Mayor declared the meeting recessed.
At 5:15 p.m., the meeting reconvened in the Council Chamber with
Mayor Taylor presiding, and all members of the Council present.
BUDGET: The Mayor advised that the fiscal year 1983-84 budget will
be presented to Council at its Financial and Planning Session on Monday,
April 18, 1983; that a special meeting of Council will be held at 8:00 a.m.,
on Monday, May 2, 1983 to receive citizen comments regarding General Revenue
Sharing; and the General Fund and Enterprise Funds budget; that Council will
meet in budget study session throughout the remainder of the day, and
budget study sessions will continue on May 3, 4 and 5, with final adoption
of the budget on Thursday, May 12, 1983, at 8:00 a.m.
Mr. Harvey moved that Council concur in the above set forth dates.
The motion was seconded by Mrs. Bowles and unanimously adopted.
COUNCIL-CITY MANAGER-CITY CLERK-DIRECTOR OF FINANCE-CITY ATTORNEY-
MUNICIPAL AUDITOR-DIRECTOR OF REAL ESTATE VALUATION: Council member
Wendell H. Butler advised that as Chairman of the Council's Personnel
Committee, he would like to recommend that the six Council appointed
officers; viz: City Manager, Director of Finance, City Clerk, Municipal
Auditor, Director of Real Estate Valuation, and City Attorney be removed
from the City's classified service and placed in the unclassified service,
effective July 1, 1983, and moved that the following Ordinance be placed
upon its first reading:
(#26446) AN ORDINANCE to amend and reordain subsection (a) of Section
2-66, Unclassified and classified services ~enerally~ original appointments;
probation, of the Code of the City of Roanoke (1979), as amended, by
providing that the City Manager, City Attorney, Director of Finance,
Municipal Auditor, Director of Real Estate Valuation and City Clerk shall
be members of the unclassified service of the City and providing for an
effective date.
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council members Butler, Harvey, Musser, Trout, Bowles and
Mayor Taylor .......................................................... 6.
NAYS: Council member Garland .................................... 1.
Mr. Garland advised that his negative vote was cast because he feels
the present plan has worked well for the past approximately seven years;
that the make-up of Council changes from time to time and he is afraid
that salary considerations for the Council appointees could be made in an
arbitrary, capricious and even personal manner.
557
There being no further business, the Hayor declared the meeting
adjourned at 5:30 p.m.
APPROVED
City Clerk Mayor
558
REGULAR WEEKLY SESSION .... ROANOKE CITY COUNCIL
April 11, 1983
7:30 p.m.
The Council of the City of Roanoke met in regular meeting in the Council
Chamber in the Municipal Building, City of Roanoke, on Monday, April 11, 1983, at
7:30 p.m., the regular meeting hour, with Mayor Noel C. Taylor presiding, pursuant
to Section 10 of the Roanoke City Charter, and Chapter 2, Administration, Section
2-15, Rules of Procedure, of the Code of the City of Roanoke (1979), as amended.
PRESENT: Council members Robert A. Garland, James G. Harvey, II, Howard g.
Musser, James O. Trout, Elizabeth T, Bowles, Wendell H. Butler and Mayor Noel C.
Taylor ............................................................................. 7.
ABSENT: None ............................................................ O.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. W. Robert Herbert,
Assistant City Manager; Mr. Wilburn C. Dibling, Jr., City Attorney; Mr. Joel M.
Schlanger, Director of Finance; and Ms. Mary F. Parker, City Clerk.
The invocation was delivered by The Reverend Robert A. Fiedler, Pastor,
Second Presbyterian Church.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Taylor.
PUBLIC HEARINGS:
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by
Council at its regular meeting on Monday, April 6, 1981, the City Clerk
having set a public hearing for Monday, April 11, 1983, at 7:30 p.m., or as
soon thereafter as the matter may be heard, in the Council Chamber, on the
request of Lewis D. Buckner that Jersey Avenue, N. W., south of Springhill
Drive, N. W., between 2534 and 2604 Springhill Drive, N. W., be vacated,
discontinued and closed, the matter was before the body.
Legal advertisement of the public hearing was published in the evening
editions of the Roanoke Times and World-News on Friday, March 25, 1983,
and Friday, April 1, 1983.
(See newspaper affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending approval of the
requested street closure inasmuch as no adverse impact on the surrounding
neighborhood will be created, and the proposal is consistent with the
intent of the Comprehensive Plan, was before Council.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
No one appearing before Council with regard to the request, Mr. Trout
moved that the following Ordinance be placed upon its first reading:
(#26447) AN ORDINANCE permanently vacating, discontinuing and closing
Jersey Avenue, N. W., south of Springhill Drive, N. W., in the City of Roanoke,
Virginia, as is more particularly described hereinafter.
The motion was seconded by Mr. Harvey and adopted by the following
vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles, Butler,
and Mayor Taylor ............................................................. 7.
NAYS: None ............................................................. 0.
ACTION:
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the
Council at its regular meeting on Monday, April 6, 1981, the City Clerk
having set a public hearing for Monday, April 11, 1983, at 7:30 p.m., or as
soon thereafter as the matter may be heard, in the Council Chamber, on the
request of Lawrence Transfer and Storage Corporation that certain portions
of Glenn Road, N. E., and Elizabeth Road, N. E., be vacated, discontinued
and closed, the matter was before the body.
Legal advertisement of the public hearing was published in the evening
editions of the Roanoke Times and World-News on Friday, March 25, 1983, and
Friday, April 1, 1983.
(See newspaper affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending approval of the
request, including the construction and dedication to the City of the
proposed turnaround for the following reasons:
No adverse impact on the surrounding neighborhood is anti-
cipated.
Proposal is consistent with the Comprehensive Plan.
Request will allow for the establishing of a secured parking
area for Lawrence Transfer.
was before Council.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler moved that the following Ordinance be placed upon its first
reading:
(#26448) AN ORDINANCE permanently vacating, discontinuing and closing
Glenn Road, N. E., and a portion of Elizabeth Road, N. E., in the City of
Roanoke, Virginia, as more particularly described hereafter (the Streets).
The motion was seconded by Mr. Trout.
Mr. John Gray, 2907 Hollins Road, N. E., appeared before Council and
advised that he does not object to closing the portion of the roads, but
he does object to the location of the proposed turnaround and security
fence inasmuch as it will prevent vehicles from having adequate access to
his property.
Mr. F. B. Webster Day, Attorney, representing the petitioner, appeared
before Council and advised that his client intends to install an electric
gate for security purposes; that between the hours of 6:30 a.m., and 9:00
p.m., the gate will remain open, and after that time drivers will have a
card or some other device to activate the gate; and during regular business
hours, traffic will proceed through the area the same as at the present
time. He added that whether or not the application is granted will have no
effect on the flow of trucks, and his client is proposing an adequate
balance in the interest of Lawrence Transfer and the neighborhood.
A question surfaced with regard to legal ramifications inasmuch as
when a street is closed, one-half of the street goes to each property
owner, and in this case, Lawrence Transfer would assume ownership of the
entire street; whereupon, Mr. Day responded that Lawrence Transfer would
own the street in fee simple, subject to the public utility easements
presently located there, that because of the public utility easements, his
client has no plans to construct a building, and would continue to use the
streets for access to their property; and because of the minimal amount of
traffic proceeding through the area at the present time, his client sees
no need for any change in the future.
The following vote was recorded on Ordinance No. 26448 on its first
reading:
559
560
ACTION:
ACTION:
AYES: Council members Garland, Harvey, Trout, Bowles, and Mayor
Taylor .............................................................. 5.
NAYS: Council members Butler and Musser ...................... 2.
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the
Council at its regular meeting on Monday, April 6, 1981, the City Clerk
having set a public hearing for Monday, April 11, 1983, at 7:30 p.m., or as
soon thereafter as the matter may be heard, in the Council Chamber, on the
request of the City of Roanoke that a portion of Harrison Avenue, N. E.,
and a portion of Third Street, N. E., be vacated, discontinued and closed,
the matter was before the body.
Legal advertisement of the public hearing was published in the evening
editions of the Roanoke Times and World~News on Friday, March 25, 1983, and
Friday, April 1, 1983.
(See newspaper affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending approval of the
requested street closure inasmuch as the request will allow for the addition
of needed parking at the Civic Center, no adverse impact on the surrounding
neighborhood is anticipated, and the proposal is consistent with the Compre-
hensive Plan, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that the following Ordinance be placed upon its
first reading:
(#26449) AN ORDINANCE permanently vacating, discontinuing and closing
portions of Harrison Avenue, N. E., and Third Street, N. E., in the City
of Roanoke, Virginia, as are more particularly described hereinafter.
The motion was seconded by Mrs. Bowles.
No one appearing before Council in connection with the request, the
following vote was recorded on Ordinance No. 26449 on its first reading:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles, Butler
and Mayor Taylor ........................................................ 7.
NAY S: None ........................................................ 0.
ZONING: Pursuant to Resolution No. 25523 adopted by the Council at
its regular meeting on Monday, April 6, 1981, the City Clerk having set a
public hearing for Monday, April 11, 1983, at 7:30 p.m., or as soon there-
after as the matter may be heard, in the Council Chamber, on a proposed
amendment to the City Code in order to review and amend the City's Zoning
regulations pertaining to the review of site plans, the matter was before
the body.
Legal advertisement of the public hearing was published in the evening
editions of the Roanoke Times and World-News on Friday, March 25, 1983, and
Friday, April 1, 1983.
(See newspaper affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending that Council
approve the proposed revisions to the City's Zoning Ordinance regulations
as related to the Submission, Review and Approval of Residential, Commercial
and Industrial Site Development Plans, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler moved that the following Ordinance be placed upon its first
reading:
(#26450) AN ORDINANCE amending subsection (b) of Section 36-10 and
Sections 36-297, 36-519 and 36-520 of Chapter 36, Z0.ning, Code of the City
of Roanoke (1979), as amended, in order to revise the City's regulations
pertaining to the review of site plans.
ACTION:
ACTION:
ACTION:
561
The motion was seconded by Mr. Garland.
No one appearing before Council with regard to the request, the
following vote was recorded on Ordinance No. 26450 on its first reading:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles, Butler
and Mayor Taylor .......................................................... 7.
NAYS: None ........................................................ 0.
CONSENT AGENDA:
The Mmyor advised that all matters listed under the Consent Agenda are
considered to be routine by the members of Council and will be enacted by
one motion, in the forms listed on the Consent Agenda, and if discussion is
desired, that item will be removed from the Consent Agenda and considered
separately. He noted that there was one request for an Executive Session
to discuss a personnel matter included on the Consent Agenda.
MINUTES: Minutes of the regular meeting of Council held on Monday,
March 28, 1983, 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 Garland, Harvey, Musser, Trout, Bowles, Bugler
and Mayor Taylor ...........................................................
NAYS: None .......................................................... 0.
COUNCIL: .A communication from Council member James G. Harvey, II
requesting an Executive Session to discuss a personnel matter, pursuant to
Section 2.1-344 (a) (1), Code of Virginia (1950), as amended, was before
Council.
(For full text, see communication on file iu the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the request to convene in
Executive Session to discuss a personnel matter pursuant to Section 2.1-344
(a) (1), Code of Virginia (1950), as amended. The motion was seconded by
Mr. Musser and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles, Butler
and Mayor Taylor .........................................................
NAYS: None ........................................................ 0.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss a personnel matter pursuant to Section 2.1-344
(a) (1), Code of Virginia (1950), as amended, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the request to convene in
Executive Session to discuss a personnel matter pursuant to Section 2.1-344
(a) (i), Code of Virginia (1950), as amended. The motion was seconded by
Mr. Musser and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles, Butler
and Mayor Taylor .......................................................... 7.
NAYS: None ......................................................... 0.
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
562
SEWERS AND STORM DRAINS: Mr. William R. Mays, 2320 Portland Avenue,
N. W., appeared before Council with regard to drainage and storm water
problems in the Cove Road - Portland Avenue area of the City. He advised
of two chief methods of drainage; viz: open space drainage which prevents
the free movement of people, animals and machines and takes up land which
could be farmed, etc., and underground drainage which is the best method.
He pointed out that in his section of the City, the open surface ditch
method is used at Ranch Road and Cove Road, and Portland Avenue and Cove
Road. He noted that the problem is becoming worse each year as more
buildings are constructed, and in 1972, the Cove Road rezoning for town-
houses was denied due to drainage.
Mr. Mays advised of the following existing conditions: the stench of
standlng water; snakes in the su~ner; rats all year; ball frogs; insects;
property loss as related to gardens, trees, shrubs, flowers, water in
basements and living quarters; and septic tank problems.
Mr. Mays presented posters, pictures and slides depicting existing
conditions, and requested that an emergency appropriation be made to
correct the drainage problem this year.
Mr. Thomas F. Brady, Director of Public Works, appeared before Council
and advised that the Cove Road - Portland Avenue Storm Drain Project was not
included in the 30 projects that had top priority for funding in a recent
bond issue; that this particular project is ranked No. 31 on the priority list;
that bids will be received within six weeks on the 30 prioritized projects
and it is felt that there will be money left over, but until the bids are
actually received, the exact figure will not be known. He advised that in
six weeks, if it is the desire of Council, the Administration can report to
Council on exactly how much money is left over and Council can determine
whether or not it would like to use the left over funds for the Cove Road -
Portland Avenue Project, and the course of action to be followed with regard
thereto.
Following discussion of the request, it was agreed that as soon as
bids are received on the 30 storm drain projects that received top
priority for funding, the City Manager will report to Council as to the
availability of funds for the Cove Road - Portland Avenue Storm Drainage
Project.
The City Manager advised that he will be pleased to submit the above
information to the members of Council; however, he noted that in addition
to the Cove Road - Portland Avenue request, there are another 33 projects
that have been identified and are unfunded, and he would not want Council
to think that the Cove Road - Portland Avenue Project is the only project
in need in the City.
INTEGRATION-SEGREGATION-CITY GOVERNMENT: Mr. A. L. Holland, represent-
ing the Roanoke Chapter of the National Association for the Advancement of
Colored People, appeared before Council and referred to certain meetings
with representatives of the N.A.A.C.P. and past City Manager Byron E. Haner
and past Affirmative Action Officer Ellis Holmes with regard to hiring and
promotions of minorities within the structure of City Government. He then
introduced Mrs. Evangeline B. Jeffrey, President of the Roanoke Chapter,
N.A.A.C.P.
Mrs. Jeffrey addressed the matter of hiring practices of the City of
Roanoke as related to minorities. She requested that Council instruct the
City Manager to appoint a full-time Affirmative Action Officer immediately;
that Council take every possible step to educate each Council-appointed
officer and his or her respective subordinates as to their responsibility
under the Affirmative Action Plan; that Council insure compliance with
every mandate of the Affirmative Action Plan; and that Council compel
enforcement of the Affirmative Action Plan to its fullest extent.
(For full text of Mrs. Jeffrey's statement, see transcript on file in the
City Clerk's Office.)
At 8:50 p.m., the Mayor declared the meeting recessed.
ACTION:
563
At 9:10 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all members of the Council present.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
APPALACHIAN POWER COMPANY-EASEMENTS-CIVIC CENTER: 'l~e City Manager
submitted a written report advising that the City has purchased all of the
private property ou Tkird Street, N. E., and Harrison Avenue, N. E., on the
Civic Center site and the residences have all been razed; that the Plannir~
Commission, at its regular meeting on March 2, 1983, recommended that Third
Street and Harrison Avenue, N. E., be vacated, discontinued and closed; and
that Appalachian Power Company must retain certain electric transmission
lines and poles on and across the southerly end of the Civic Center site,
the present lines and poles being in the rights-of-way of the streets that
are to be closed.
Mr. Ewert pointed out that the City's Traffic Engineering Department
has developed a parking plan for 100 new parking spaces to be constructed
in the area where the buildings were razed and in the area previously
occupied by Third Street and Harrison Avenue, N. E., and the plan requires
that the electric poles and lines in that area be relocated out of the way
of parking and traffic on the lot while underground utilities will re~ain
in place.
The City Manager recommended that Council authorize the execution of
an indenture with Appalachian Power Company dedicating the new public
utility easements, as more fully described in the report.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its first
reading:
(#26451) AN ORDINANCE authorizing and directing the proper City officials
to execute and deliver a deed of easement to the Appalachian Power Company.
The motion was seconded by Mr. Garland and adopted by the following
vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles, Butler
and Mayor Taylor ......................................................... 7.
NAYS: None .......................................................... 0.
ZONING: The City Manager submitted a written report advising that the
request of Mr. Paul G. Jamison, Agent for Lynn Avis and George Preas, for
a 24 month extension of the rezoning granted pursuant to Ordinance No.
25603, involving three tracts of land located on the southerly side of
Roberts Road, S. W., was considered by Council at its meeting on Monday,
March 28, 1983, and Council referred the matter to the City Manager for
recommendation as to whether the matter should be forwarded to the City
Planning Commission for study or a public hearing by City Council without
Planning Commission input, the City Manager recommending that Council refer
the matter to the City Planning Commission for study, report and recommenda-
tion to Council at its June 13, 1983 meeting.
(For full text, see report on file in the City Clerk's Office.)
564
&CT ION:
ACTION:
ACT ION:
Mr. Harvey moved that Council concur in the recommendation of the City
Manager, that the matter be referred to the City Planning Commission for
study, report and recommendation; and that a public hearing be held on
Monday, June 13, 1983, at 7:30 p.m., or as soon thereafter as the matter
may be heard by the Council. The motion was seconded by Mr. Garland and
unanimously adopted.
LIBRARIES: The City Manager having previously placed a report on the
agenda reserving space for a report concerning Change Order No. 2 to the
contract of Days Construction Company, Incorporated, for construction of
the Roanoke City Central Library Addition, Century Project 13-01, the City
Manager orally requested that the item be withdrawn from the agenda.
On motion of Mr. Garland, seconded by Mr. Harvey and unanimously
adopted, Council concurred in the request.
GRANTS-AIRPORT: The City Manager submitted a written report advising
that Council approved ADAP-07 grant pursuant to Ordinance No. 23736; that
the project cost for ADAP-07 was estimated at $185,000.00 of which $9,250.00
was estimated as the local share; that Amendment No. 1 was approved pursuant
to Ordinance No. 25958, to acquire a parcel of land needed for the runway
extension; that excess funds in ADAP-07 of approximately $19,000.00 are
left over from this project; and an amendment to ADAP-07 to add an item of
work to acquire four snow blades would use a part of the remaining grant.
Mr. Ewert recommended that Council authorize the City Manager or the
Assistant City Manager to execute the grant amendment to ADAP-07 and any
grant amendment offered by the State to utilize remaining funds.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
(#26452) A RESOLUTION authorizing the City Manager or the Assistant
City Manager to execute, on behalf of the City of Roanoke, Amendment No. 2
to the Grant Agreement for ADAP Project No. 6-51-0045-07.
(For full text of Resolution, see Resolution Book No. 48, page 23.)
Mr. Trout moved the adoption of the Resolution. The motion was seconded
by Mr. Musser and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles, Butler
and Mayor Taylor ......................................................... 7.
NAYS: None .......................................................... O.
DIRECTOR OF FINANCE:
BIPOGET-GRANTS-CONSULTANTS REPORTS: The Director of Finance submitted
a written report advising that on September 9, 1981, Council a~thorized the
hiring of David M. Griffith and Associates, Ltd., to develop a cost alloca-
tion plan for determining administrative costs to the City of operating
various federal programs; that the fee for these services is up to a maximum
of $12,840.00 and is determined by the amount of recoveries from the State
and Federal Governments as a direct result of claims submitted based on the
cost allocation plan.
Mr. Schlanger advised that funds have ~ot been appropriated for payment
of these professional services; that the City received $27,770.00 on July 9,
1982, and $48,762.00 on January 14, 1983, for Public Assistance programs;
that this recovery of $76,532.00 is a result of the cost allocation plan;
that each year the City has used the cost allocation plan prepared by David
M. Griffith and Associates and substantial Public Assistance recoveries
have been made and now total $495,748.00, and these funds represent indirect
costs for food stamp, medicaid and general welfare programs.
The Director of Finance recommended that $12,840.00 of these funds
($76,532.00) be appropriated for payment to David M. Griffith and Associates,
and the remainder of the funds, $63,692.00, may be appropriated to the
Contingency Reserve Account.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
ACTION:
ACTION:
,565
Mr. Trout offered the following emergency Ordinance:
(~26453) AN ORDINANCE to amend and reordain certain sections of the
1982-83 General Fund Appropriation Ordinance, and providing for an amergency.
(For full text of Ordinance, see Ordinance Book No, 48, page 23.)
Mr. Trout moved the adoption of the Ordinance, The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles, Butler
and Mayor Taylor .......................................................... 7.
NAYS: None .......................................................... O.
REPORTS OF C~MMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDIN;2NCES AND RESOLUTIONS:
SALE/PURCHASE OF PROPERTY-CITY PROPERTY: Ordinance No. 26443 providing
for the sale and conveyance of four parcels of land owned by the City,
bearing Official Tax Nos. 3231803, 3230502, 5100425 and 6400802, being
offers of the neighboring landowners having made the highest bid, having
previously been before the Council for its first reading on Monday, April
4, 1983, 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:
(#26443) AN ORDINANCE providing for the sale and conveyance of four
parcels of land owned by the City, bearing Official Tax Nos. 3231803,
3230502, 5100425 and 6400802.
(For full text of Ordinance, see Ordinance Book No. 48, page 21.)
Mr. Musser moved the adoption of the Ordinance. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles, Butler
and Mayor Taylor ......................................................... 7.
NAYS: None .......................................................... O.
SALE/PURCHASE OF PROPERTY-AIRPORT-EASEMENTS: Ordinance No. 26444
providing for the sale and conveyance of a parcel of land owned by the
City and situate in the City on the southerly side of Avalon Avenue, N. W.,
and bearing Official Tax No. 2250103; and authorizing the release and
abandonment of the City's interest in a certain roadway easement serving
said parcel, having previously been before the Council for its first reading
on Monday, April 4, 1983, 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:
(#26444) AN ORDINANCE providing for the sale and conveyance of a parcel
of land owned by the City and situate in the City on the southerly side of
Avalon Avenue, N. W., and bearing Official Tax No. 2250103; and authorizing
the release and abandonment of the City's interest in a certain roadway
easement serving said parcel.
(For full text of Ordinance, see Ordinance Book No. 48, page 22.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles, Butler
and Mayor Taylor .......................................................... 7.
,NAYS: None .......................................................... O.
566
ACT ION:
ACTION:
ACTION:
PAY PLAN-CITY EMPLOYEES: Ordinance No. 26446 amending and reordaining
certain sections of the City Code by providing that the City Manager, City
Attorney, Director of Finance, Municipal Auditor, Director of Real Estate
Valuation and City Clerk shall be members of the unclassified service of the
City, having previously been before the Council for its first reading on
Monday, April 4, 1983, read and adopted on its first reading and laid over,
was again before the body, Dr. Butler offering the following for its second
reading and final adoption:
(#26446) AN ORDINANCE to amend and reordain subsection (a) of Section
2-66, Unclassified and classified services ~enerally; original appoint]nents1
probation, of the Code of the City of Roanoke (1979), as amended, by providing
that the City Manager, City Attorney, Director of Finance, Municipal Auditor,
Director of Real Estate Valuation and City Clerk shall be members of the
unclassified service of the City and providing for an effective date.
(For full text of Ordinance, see Ordinance Book No. 48, page 22.)
Dr. Butler moved the adoption of the Ordinance. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowles, Butler and Mayor
Taylor ...................................................................... 6.
NAYS: Council member Garland .......................................... 1.
NUCLEAR WEAPONS: Mr. Musser offered the following Resolution in
support of a mutually agreed to bilateral nuclear weapons freeze:
(#26454) A RESOLUTION in support of a mutually agreed to bilateral
nuclear weapons freeze.
(For full text of Resolution, see Resolution Book No. 48, page 24.)
Mr. Musser moved the adoption of the Resolution. The motion was
seconded by Mr. Garland.
The Reverend David Stanford, Chairman of the Nuclear Freeze Committee
in the Roanoke Valley; Mr. Benjamim Bray, representing Total Action Against
Poverty in the Roanoke Valley; and Mr. Peter W. Herby, member of the
Nuclear Freeze Committee, appeared before Council and spoke in support of
adoption of the Resolution.
The following vote was recorded on Resolution No. 26454:
AYES: Council members Garland, Harvey, Musser, Trout, Butler and
Mayor Taylor ........................................................... 6.
NAYS: Council member Bowles ...................................... 1.
Mrs. Bowles advised that she is interested in and wants peace, but she
does not believe that this can be accomplished by displaying a lack of
strength to the Soviet Union or to any other nation. She said according to
many reports, the Soviets now have almost a two to one advantage over the
United States in nuclear weapons, and why would we presume that a freeze
at this point on the testing, production and deployment of additional nuclear
weapons insures peace. She stated that if the Soviets are ahead of the U.S.
in strength, a freeze is not going to give the United States any security.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMEN~S OF THE MAYOR AND MEMBERS OF COUNCIL:
LIFE SAVING CREWS: Mr. Harvey moved that the City Manager be requested
to study and outline all options, including costs, as to whether the City
needs a supplemental system to help volunteer rescue squads respond to
life-threatening emergencies. The motion was seconded by Dr. Butler and
unanimously adopted.
567
OTHER HEARINGS OF CITIZENS: Rone.
At 9:45 p.m., the Mayor declared the meeting recessed.
At 10:05 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all members of the Council present,
SCHOOLS: The Mayor advised that pursuant to Chapter 9, Education, of the
Code of the City of Roanoke (1979), as amended, on or before April 30, 1983,
the Council must select those persons to be accorded the formal interview
for the position of School Board Trustee for terms of three years each
beginning July 1, 1983, and ending June 30, 1986, and further advising that
six persons must be selected to receive the formal interview inasmuch as
the Code provides that the number of persons to the accorded the formal
interview shall not exceed three times the number of vacancies on the Roanoke
City School Board, should there be so many candidates. (The terms of Sharon G.
Duckwall and William E. Ingram will expire on June 30, 1983.)
The Mayor stated that each Council member selected the names of six
persons to receive the formal interview on Thursday, April 14, 1983, at
7:00 p.m., and the City Clerk compiled the results; whereupon, the Mayor
called upon the City Clerk to announce the names of the six persons to be
accorded the formal interview.
The City Clerk advised that after tabulating the information received
from the members of Council, it appears that the following persons will be
accorded the formal interview:
Briggs W. Andrews
Jo:,ca L. Bailey
Henry C. Emerson
Edwin R. Feinour
Charles S. Glass
David K. Lisk
ACTION:
Mr. Trout moved that the abovenamed individuals be accorded the
formal interview for the position of School Board Trustee on Thursday,
April 14, 1983, at 7:00 p.m., in the City Council Chamber. The motion was
seconded by Mr. Musser and unanimously adopted.
There being no further business, the Mayor declared the meeting adjourned
at 10:10 p.m.
APPROVED
ATTEST: ~~
City Clerk
Mayor
568
SPECIAL SESSION .... ROANOKE CITY COUNCIL
April 14, 1983
6:00 p.m.
The Council of the City of Roanoke met in special session in the Council
Chamber in the Municipal Building, City of Roanoke, on Thursday, April 14, 1983, at
6:00 p.m., with Mayor Noel C. Taylor presiding, pursuant to Section 10 of the Roanoke
City Charter.
PRESENT: Council members James G. Harvey, II, Howard E. Musser, James O.
Trout, Elizabeth T. Bowles, Robert A. Garland and Mayor Noel C. Taylor .............. 6.
ABSENT: Council member Wendell H. Butler ................................. 1.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. W. Robert Herbert,
Assistant City Manager; Mr. William M. Hackworth, Assistant City Attorney; Mr. Joel M.
Schlanger, Director of Finance; and Ms. Mary F. Parker, City Clerk.
The invocation was delivered by Mayor Noel C. Taylor.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Taylor.
The Mayor advised that the special meeting was called pursuant to
Section 10, Meetings of Council (generally), of the City Charter, which
provides in part, as follows:
.................... "The mayor, any member of the Council,
or the city manager, may call special meetings of the
council at any time upon at least twelve hours written
notice to the mayor and each member, served personally or
left at his usual place of business or residence; or such
meetin~ may .be held ag any time without notice~ on the
call of the mayor or the city manager provided at least
five members of the council attend such meeting." ..........
(Underscoring provided for emphasis by the writer.)
INDUSTRIES: The City Manager submitted a written report requesting
that Council convene in Executive Session to discuss a matter involving
disposition of publicly held property pursuant to Section 2.1-344 (a) (2)
of the Code of Virginia, 1950, as amended.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
Mr. Trout moved that Council concur in the request of the City Manager
to convene in Executive Session to discuss a matter involving disposition
of publicly held property pursuant to Section 2.1-344 (a) (2), Code of
Virginia, 1950, as amended. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowles, Garland and
Mayor Taylor ............................................................ 6.
NAYS: None ........................................................ O.
(Council member Butler was absent.)
At 6:15 p.m., the Mayor declared the meeting recessed.
At 6.:40 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all members of the Council present, with the
exception of Council member Butler.
ACTION: Mr. Trout offered the following emergency Ordinance:
569
(d26455) AN ORDINANCE authorizing the execution of a certain agreement
with Cooper Industries, Inc., an Ohio corporation, relating to the construc-
tion of a manufacturin~ plant within the Roanoke Centre for Industry and
Technology; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No, 48, page 24.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowles, Garland and
Mayor Taylor .............................................................
NAYS: None ........................................................ 0.
(Council member Butler was absent.)
There being no further business, the Mayor declared the special meeting
adjourned at 6:50 p.m.
APPROVED
ATTEST
City Clerk
Mayo~ ~
570
COUNCIL .... PUBLIC INTERVIEW OF SCHOOL BOARD APPLICANTS
April 14, 1983
7:00 p.m.
The Council of the City of Roanoke held a public interview of six candi-
dates for the position of School Board Trustee on Thursday, April 14, 1983, at
7:00 p.m., in the Council Chamber, with Mayor Noel C. Taylor presiding.
PRESENT: Council members Elizabeth T. Bowles, Wendell H. Butler, Robert A.
Garland, James G. Harvey, II, Howard E. Musser, James O. Trout and Mayor Noel C.
Taylor ............................................................................... 7.
ABSENT: None .............................................................. 0.
OFFICERS PRESENT: Ms. Mary F. Parker, City Clerk.
SCHOOL BOARD APPLICANTS PRESENT: Mr. Briggs W. Andrews, Ms. Joyce L.
Bailey, Mr. Henry C. Emerson, Mr. Edwin R. Feinour, Mr. Charles S. Glass and Mr.
David K. Lisk.
The meeting was opened with a prayer by Mayor Taylor.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Taylor.
The Mayor advised that on June 30, 1983, the three year terms of Sharon G.
Duckwall and William E. Ingram as members of the Roanoke City School Board will
expire, and the purpose of the meeting is to interview six candidates for the two
upcoming vacancies.
The Mayor advised of the following actions taken by Council to conform
with the School Board selection process set forth in Chapter 9, Education, of the
Code of the City of Roanoke (1979), as amended.
At regular meetings of the City Council held on February 7,
and February 14, 1983, Council announced its intention to
elect trustees of the Roanoke City School Board for terms of
thmee years each commencing July 1, 1983.
Advertisements were placed in The Roanoke Times and World
New~ inviting applications for the upcoming vacancies.
Twenty-seven applications were received in the City Clerk's
Office prior to the deadline on Thursday, March 10, 1983.
Upon filing, the City Clerk furnished each applicant with
written information prescribed by Council describing the
duties and responsibilities of the Trustees of the Roanoke
City School Board. The mass media was encouraged to make
public service announcements of the impending election of
school trustees and the selection procedure required.
On March 14, 1983, at 6:00 p.m., Council held a public re-
ception with 25 of the 27 applicants present.
On March 28, 1983, Council as a Committee of the Whole re-
viewed and considered all applications.
At the regular meeting of Council on Monday, April 11,
1983, at 7:30 p.m., Council, by public vote, selected from
the field of candidates those six candidates to be accorded
the formal interview and all other candidates were eliminated
from the selection process. 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.
571
Those candidates who were to be accorded the formal interview
were notified by the City Clerk on April 12, 1983.
A notice was published in The Roanoke Times and World News in-
viting the public to submit proposed questions to the candi-
dates by filing such written questions in the City Clerk's
Office by 5:00 p.m., Thursday, April 7, 1983. Only one organi-
zation, the League of Women Voters of the Roanoke Area, submit-
ted questions, and each member of Council was furnished with a
copy of the questions. (Questions were also submitted by The Cen-
tral Council Parent-Teacher Association after the April 7, 1983,
deadline.)
Mayor Taylor advised that the selection process provides that Council will
publicly interview each candidate separately and out of the presence and hearing of
the other candidates; that interviews of the candidates will take place in alphabeti-
cal order based on the first letter of the last name of the candidates; that each
candidate will be given the opportunity to make an opening statement of not more
than five minutes and thereafter, Council may ask such questions, including written
questions filed in the Office of the City Clerk, as Council, in its discretion,
deems advisable; and the Council will hold six interviews and each interview will
consist of fifteen minutes. Mayor Taylor requested that the candidates be seated in
the Council's Conference Room, noting that the City Clerk will advise each applicant
when it is time for his or her interview, that after the interview has been completed,
each applicant may feel free to leave the Council Chamber inasmuch as no action will
be taken by the Council at this time.
In conclusion, Mayor Taylor advised that on Monday, May 2, 1983, at 7:30 p.m.,
or as soon thereafter as the matter may be considered, in the William Fleming High
School Auditorium, the Council will hold an election to fill the two upcoming vacancies
on the Roanoke City School Board for terms of three years each, commencing July 1,
1983, and ending June 30, 1986.
The Mayor stated that the following persons were selected by the Council
at its meeting on Monday, April 11, 1983, to be accorded the formal interview:
Briggs W. Andrews
Joyce L. Bailey
Henry C. Emerson
Edwin R. Feinour
Charles S. Glass
David K. Lisk.
The following is a sumarization of opening ramarks of the candidates and
responses to questions asked by the members of Council:
The first person to be interviewed was Bri~s W. Andrews.
Mr. Andrews advised that he feels the most important attributes he would
bring to the position of School Board Trustee are a mind and a desire to investigate
the facts and circumstances surrounding the issues, controversies and problems that
present themselves to the Board, that are presently before the Board, or would come
before the Board in the upcoming three year period.
He said as an attorney, he deals continually with conflicts between his
clients and other people, or between organizations and individuals; that in this
capacity, he is required to seek out information, find out what each side feels is
the proper solution and work with the various parties to attain a reasonable agree-
ment.
He said he is aware of the need for compromise and this is very important
in a situation where there is a seven member board. He stated that he would hope to
bring his knowledge and experience into being on problems that present themselves to
the School Board.
Mr. Andrews stated that at the present time, he has no particular allegiance
to the present School Board or to the present Administration; however, he does share
the desire that the Roanoke School system be the best system available anywhere;
572
noting that he has two young children who are going to be in the school syst~ for a
long time, and he would like to see to it that the system maintains a high level of.
quality throughout, not only for his children, but for all school children in the
City.
Mr. Andrews said there seems to be some issues at the present time over
the policies of the School Board and the Administration; that he has no ax to grind,
nor does he have any allegiance to either, but he would hope to be able to evaluate
the situation based upon facts as they present themselves in an individual manner,
and reach satisfactory conclusions.
Mrs. Bowles asked the followin~ questions:
QUESTION: To what degree, if any, do you feel a School Board member should become
involved in the day to day operation of the schools? ..
ANSWER: Mr. Andrews advised that he does not see how a Board member, who is devot-
ing his time to a job and a family and other interests, can become involved in day to
day work. He said ideally it is a situation where the Board would establish policy
and it is up to the Administration to administer that policy; and when problems
arise, a Board member has a duty to independently investigate the allegations, and
try to find solutions to the problems.
QUESTION: Council hears from time to time about the discipline problems being
experienced in the schools at the present time. What are your views on how you
might help the situation if you become a School Board member?
ANSWER: Mr. Andrews advised that the system should have guidelines to help prevent
disciplinary disruptions throughout the school system. He said he is not sure of a
specific type of program or what would have to be done to stop such problems; that
within each classroom there must be strong discipline by teachers, and teachers
should be informed of that fact and told that they will be supported in enforcing
disciplinary actions.
Dr. Butler asked the following questions:
QUESTION: What is your general impression of the Roanoke City School system?
ANSWER: Mr. Andrews advised that he perceives it to be a generally good system.
QUESTION: How do you feel about the practice of the School Board adjusting atten-
dance zones and using yellow school buses to provide and maintain a totally desegre-
gated school system?
ANSWER: Mr. Andrews advised that he supports the practice; that he opposes the shift-
ing of school lines and his response is based on the fact that at the present time a
satisfactory system is in place. He would not want to see shifts to equalize small
changes in the racial balance, but the overall program is the most effective way to
insure equality of education and to see to it that all students are in an enviror~ent
that will continue. He said as the population shifts from place to place, as the
balance gets out of line, busing should be changed, but it should be changed very
carefully so that the sense of community is not disrupted.
Mr. Garland asked the following questions:
QUESTION: Do you think that Roanoke City is spending a sufficient amount of money
on education?
ANSWER: Mr. Andrews advised that he would like to see the School system have more
money, but he is not sure that under current circumstances that is possible.
QUESTION: As a patron of Wasena School, how do you feel the sharing of principals
is working out?
ANSWER: Mr. Andrews advised that he does not feel it has been catastrophic, that
the principal seems to be heavily worked going from school to school, but overall he
does not feel it has had a detrimental impact on the school system; however, it is
573
not something he feels should continue if budgetary requirements would allow it to
be solved through a full-time principal.
Mr. Harvey asked the following questions:
QUESTION: If you have sufficient money available, how do you view the emphasis placed
on a gifted student, versus, a student with a learning disability? If you have insufficient
funds available, how do you view the emphasis placed on a gifted student, versus, a
student with a learning disability?
ANSWER: Mr. Andrews advised that if he had to choose between the gifted student and
the learning disabled, the gifted student has other alternatives to learn on his own
and try to accumulate the extra knowledge because he is gifted, whereas, the learning
disabled student has a problem that has to be addressed, and if he had to choose
between the two, he would have to choose the learning disabled child. He said the
same opportunities should be given to every child in the system, from the gifted to
the learning disabled, if possible.
QUESTION: If you found yourself with some money left over at the end of the fiscal
year, would you make a concerted effort to spend the money, or would you return
the money from whence it came?
ANSWER: Mr. Andrews advised that he would try to return the money unless money
had been reserved to the point that programs considered to be vital had been cut, in
which case he would spend the money for those kinds of programs.
Mr. Musser asked the following questions:
QUESTION: If you were asked to cut the School budget, what criteria would you use?
ANSWER: Mr. Andrews advised that teachers, the classroom environment and the basics
of reading, writing and arithmetic are the programs that must be kept and preserved.
Outside programs such as art, music, athletics, etc., are vital to the educational
program , but the basics are the things that have to be covered.
QUESTION: How do you feel the School Board could help bridge the gap that seems to
exist between the teachers and the school administration?
ANSWER: Mr. Andrews advised that a step in the right direction has been taken
through the proposed workshops by having the teachers talk directly with the School
Board; however, this is a short-term solution to iron out presently existing problems;
that over the long run the administration has to be impressed upon that they are
there to help the teachers, and the teachers have to impress upon that the administra-
tion is there for their benefit, and encourage them to work together and set policy
such that it is clearly the goal of the School Board.
QUESTION: What emphasis do you feel should be on vocational training?
ANSWER: Mr. Andrews spoke in support of a strong vocational training program.
Mr. Trout asked the following questions:
QUESTION: Do you serve on any boards~ groups or organizations associated with PTA
or any other group involved with education of children?
ANSWER: Mr. Andrews advised that he is a member of the Wasena PTA, but he is not a
member of any of the major boards.
QUESTION: If the City had to reduce the sports program to meet budget needs, could
you vote for that and feel justified in doing so?
IANSWER: Mr. Andrews advised that he could, but would not want that
to;
he
would
not
like to see any of t'he extra programs cut because the extra programs provide an
interaction outside the classroom between the students and an additional person such
as a coach, music teacher or art teacher, etc., and this has proven to be beneficial
to the student.
574
QUESTION: What would be your thinking about meeting with the Roanoke Education
Association and establishing a line of communication?
ANSWER: Mr. Andrews advised that if there is a legal impediment to doing so, he
would honor that legal impediment. O~ the whole, dialogue between the Board and
teachers is important.
QUESTION: How do you feel as a Board member you could make a teacher feel comfortable
in coming to you with his or her concerns?
ANSWER: Mr. Andrews said he would make himself available for that purpose and would
encourage it.
Mayor Taylor asked the followin~ questions:
QUESTION: What do you believe to be the most important concerns of the school
system at this time?
ANSWER: Mr. Andrews advised that the overall concern is for a quality education
system for the students, and it is important for the teachers to center in on that
education, noting that if there is enough unrest in the teaching ranks, it is going
to have an impact on the education system, and the first goal at the present time
is to endeavor to get the teachers back into a feeling of unity with the rest of the
system.
QUESTION: How would you address the unrest?
ANSWER: Mr. Andrews advised that it is important to impress upon everyone that we
would like to have unity and would like to calm the unrest, encourage the people
to work together, impress that upon the administration, and set up a dialogue so
that it may be accomplished.
The second person to be interviewed was Joyce L. Bailey.
Ms. Bailey advised that children is what education is all about, they are
the future resources of the nation, and if we lose site of educating our children,
we are losing site of their future. The educational system deals with a wealth of
human resources other than our children. It deals with the parents, teachers and
administrators, the School Board members, each having a contribution to make to the
school system, and we should be certain that we utilize those resources. It is the
purpose of education to cultivate and prepare the future resources of our nation,
the children, to achieve that task. It is our responsibility to unite to see that
that goal is accomplished. She said she has offered her services because of her
interest in education and in children, and she is willing to devote time and energy
to the task and mission of the public schools.
If appointed to the School Board, Ms. Bailey said she would strive to do
the following:
(1) take a wholistic approach to the needs and issues of the City schools;
(2) deal directly with the current issues, policies and trends by being well informed;
(3) constantly survey and assess the school programs and policies and see that they
are relevant to the characteristics and needs of our society; (4) see that the
school programs fit the diversity of students and provides adequate preparation for
the students; (5) have well developed pre-service and in-service programs with the
ultimate objective of improving the instructional program. She said she would also
strive to become acquainted with the public schools of Roanoke City, to be available
to the people of the community and to work collectively with the entire School Board
to see that we have a successful operation of our schools, and to fully support the
Code of Virginia in regard to the duties of the School Board.
Dr. Butler asked the followin5 questions:
QUESTION: What is your general impression of the School system?
ANSWER: Ms. Bailey advised that it is obvious there are issues to be dealt with,
that she does not feel she can adequately attempt to answer the question until
she has gotten information from School Board members, administrators, teachers and
parents, that most of her information has been received through the news media, and
it would be irresponsible on her part to accept that alone.
575
QUESTION: How do you feel about the practice of the School Board in adjusting
attendance zones and using yellow school buses to provide and maintain a totally
desegregated school system?
ANSWER: Ms. Bailey advised that we have to be aware of the laws of our land, and if
we are dictated to by federal or state agencies, it is necessary to comply with
those laws, but utmost must be the children and the consideration as to what is best
for them. She said the first consideration should be the individual children in the
community and their needs, regardless of what the color of their skin may be.
Mr. Garland asked the following questions:
QUESTION: What would be your recommendation to improve parental participation in an
effort to improve study habits, discipline, etc.?
ANSWER: Ms. Bailey said if we can get the participation of the parents, there is
going to be a much more efficient involvement of children in academics, and the
School Board should strive to have involvement and participation by the parents.
QUESTION: What are your thoughts about in-house training?
ANSWER: Ms. Bailey said the School Board should have the awareness of what their
in-service programs are doing, and it would be her position as a School Board member,
to make sure that the money is spent on three or four well developed programs rather
than spend the money on ten programs that are poorly structured and developed. It is
the responsibility of the School Board to see that programs set up for development
nd training of teachers is relevant and pertinent to the instructional objectives
they are trying to achieve.
Mr. Harvey asked the following questions:
QUESTION: If you have sufficient money available, how do you view the e~nphasis
placed on a gifted student, versus, a student with a learning disability? If you have
insufficient funds available, how do you view the emphasis placed on a gifted student,
versus, a student with a learning disability?
ANSWER: Ms. Bailey advised that in both instances she would be concerned about
seeing that neither child was shirked because of a lack of funds. If she had to
choose between the two, she would tend to lean toward the student with the learning
disability and problems.
QUESTION: If there was a good deal of money left over at the end of the fiscal year,
would you make a concerted effort in the last three weeks of the school year to spend
all of the money, or would you try to return some of the money from whence it came?
ANSWER: Ms. Bailey advised that she would not spend the money.
QUESTION: What kind of job do you feel the current school administration is doing?
ANSWER: Ms. Bailey advised that often the information she has been given has been
through the news media and she cannot answer the question without defining the
issues and getting as much information as possible.
Mr. Musser asked the following questions:
QUESTION: If you were asked to make a cut in the school budget, what criteria would
you use?
ANSWER: Ms. Bailey advised that first she would have to look at the task and mission
to be accomplished and base her decision on the priorities and recommendations that
would be made. She would try to view the matter constructively and try to be explicit
in the things that are to be accomplished in the school system, and that it would be
a rational decision based on being well informed.
QUESTION: What do you see as the job of the next School Board in trying to bridge
the gap between teacher concerns and the school administration?
ANSWER: Ms. Bailey responded that she would be willing to listen to all concerns.
576
QUESTION: What anphasis do you feel should be placed on vocational education?
ANSWER: Ms. Bailey advised that vocational education is vital to our society, that
we must have those individuals with technical abilities in that they are the mainstream
of our society.
Mr. Trout asked the followin~ question:
QUESTION: Do you feel as a School Board member that you could have dialogue with
theRoanoke Education Association and listen to their concerns?
ANSWER: Ms. Bailey responded in the affirmative.
Mrs. Bowles asked the following questions:
QUESTION: How do you see your role as a School Board member in working with the
curriculum of the school system?
ANSWER: Ms. Bailey advised that the curriculum is the core of the entire system,
and there has to be an awareness of the curriculum development going on in the City,
as well as in the state.
QUESTION: What do you see as the most overriding need to be addressed in the Roanoke
City School system~?
ANSWER: Ms. Bailey advised that the most overriding need is to settle the controversies
that are taking place between teachers, administrators and Board members. If the
barriers that apparently exist between the two sides can be torn down, we can get on
with the education of our children. She said the teachers have merit to some of the
issues they are speaking to and we need to have dialogue with one another; that she
does not believe the teachers are making demands to have any type of collective
bargaining, they simply want to be heard, and as a School Board member she would be
willing to listen.
Mayor Taylor asked the following questions:
QUESTION: If elected, what would you like to see the School Board accomplish during
your three year tenure?
ANSWER: Ms. Bailey advised that she would want to take care of the issues at hand.
Following that, there is always room for growth and development, and we should be
trying to prepare the children of our school system to be productive individuals in
our society, inasmuch as they are going to be the resources of our future. If they
are not prepared, we have lost our future.
The third person to be interviewed was Henry C. Emerson.
Mr. Emerson advised that he applied for the School Board appointment with
the hope of serving his community in a position that requires leadership, under-
standing and experience. He said with his experience of being the parent of three
school age children, he could be instrumental in bringing all issues to the real
focus, that of providing our children with the finest education possible. He said
a Board member should possess the courage to implement change when deemed necessary
and the insight to question recommendations which lack merit.
As the City attracts new industries to Roanoke, we realize that these
industries are looking at the quality of education that will be provided to the
children of their employees and we want any new resident in the Roanoke Valley to
feel confident that they can reside in the City of Roanoke where their children will
receive a quality education.
The Roanoke City School system is the future of our City and therefore, we
must insure that our school system provides our future leaders with the strongest
curriculum possible. This curriculum must challenge each child irregardless of
whether they are a learning disability student, a Title I student, an average student
or a gifted student.
577
Our elementary schools must be the catalyst in insuring that every student
receives a strong foundation in the basics of education. We must challenge our
students at every level of their education.
If appointed to the School Board, Mr. Emerson advised that he will study
each issue carefully, listen to citizen recommendations and vote accordingly for
that which is best for the entire school system.
Mr. Garland asked the followir~ questions:
QUESTION: What recommendation would you have as a School Board member to improve
the relationship which seemingly has deteriorated in the last year between teachers
and administrators?
ANSWER: Mr. Emerson advised that the deterioration started with the demotions last
year, that the teachers did not understand it; and by talking with persons on the
School Board that all parties can trust, these issues can be resolved.
Mr. Harve~ asked the following questions:
QUESTION: Using the following scenarios, if you have a budget with ample funds to
pay for most of the programs you want, and if you have a budget that is limited in
funds and you do not have all the funds you would like to be able to expend, how do
you view the relationship between the emphasis placed on the gifted student versus
the emphasis placed on a student with a learning disability?
ANSWER: Mr. Emerson advised that the learning disability student must receive every
consideration whether there is a limited budget or a full budget. On the other
hand, there are a lot of gifted programs, and his emphasis would be on the average
student, advising that the curriculum for the average student needs to be the best
and tailored as much to him as to the gifted student or to the learning disability
student, and he would be more inclined to lean toward the learning disability student
and the average student.
QUESTION: If there is money in the school budget as you approach the end of the
fiscal year, would you in the last three weeks make a concerted effort to spend all
the money left over, or would you make an effort to return the money from whence it
came?
ANSWER: Mr. Emerson advised that 87% of the school budget is for salaries, and the
rest of the budget, if well spent, should come close to what is budgeted; that any
budget will have a certain amount of money left over; that good accounting practices
would say that one would want to spend as much of the money as possible if it is
spent intelligently; however, if there is a great sum of money left over, he would
not spend it.
QUESTION: What kind of job do you feel the current school administration is doing?
ANSWER: Mr. Emerson advised that the current administration has implemented a
number of good programs in the schools that have improved education, as the Board
desired.
Mr. Musser asked the following questions:
QUESTION: What do you feel is the most important task the new School Board will
have?
ANSWER: Mr. Emerson advised that it will be in establishing a line of communication
with the public and the professional staff (teachers, administrators, etc.) that
will promote trust in the system.
QUESTION: If and when Council and the City Administration requests the School Board
to cut its budget by X number of dollars, what would be the criteria you would use
in trying to accomplish this task?
ANSWER: Mr. Emerson advised that because of the large amount of the budget that
goes into salaries and fringe benefits, this would have to be the first consideration.
If there are programs that are secondary to the primary education of students, they
would have to be cut.
578
Mr. Trout asked the followiu~ question:
QUESTION: If you had to choose between a budget for the gifted student as opposed
to a student with a learning disability, which one would you choose?
ANSWER: Mr. Emerson advised that he would cut the gifted program.
Mrs. Bowles asked the following questionm:
QUESTION: Have you ever attended School Board meetings or any of the School budget
hearings?
ANSWER: Mr. Emerson advised that he is on the Advisory Budget Committee of the
School Board and has attended the meetings, and he has attended School Board meetings
whenever possible.
QUESTION: How much importance do you put on guidance counselors at the elementary
level?
ANSWER: Mr. Emerson advised that guidance counselors are important, that possibly
they are more important as the students proceed through the grades because of course
content planning toward career development, to deal with problems, etc., and to
render assistance to teachers.
Dr. Butler asked the following questions:
QUESTION: What is your general impression of the Roanoke City School System?
ANSWER: Mr. Emerson advised that it is a good system, however, there is room for
improvement in any system. He said we have the basics of a good systam through
excellent teachers, good facilities, and good parent-teacher relationships.
QUESTION: How do you feel about the practice of the School Board adjusting atten-
dance zones using yellow school buses to provide and ~mintain a totally desegregated
school system?
ANSWER: Mr. Emerson advised that the system we presently have has contributed
greatly to community harmony and he would not want to change it; he further advised
that he likes neighborhood schools at the elementary level in that they create more
parent involvement. He reiterated that the current system is working well.
Mayor Taylor asked the following questions:
QUESTION: Do you have any thoughts on the lack of discipline in the school system?
ANSWER: Mr. Emerson advised that he would like to see the teacher-student ratio a
little lower so that the teacher could have more control in the classroom; that
discipline can be dealt with in each school with the proper administration and the
proper disciplinary actions without being too severe.
The fourth person to be interviewed was Edwin R. Feinour.
Mr. Feinour advised that his reasons for seeking the position on the
School Board are many, but there are four reasons which dominate: (1) he has three
children that he wants to have the very best possible education; (2) he has exhibited
interest in PTA activities, both at the local school and on the Central PTA Council,
and has seen firsthand the dedicated efforts of teachers, administrators and parents
all working to constantly improve the school system; (3) his business in finance
background has prepared him to work in setting objectives, budgets and strategic
plans to meet the budget, and has made him aware of good communications and business
relationships; (4) he has had experience in working and organizing volunteers from
all areas of the City in a cooperative effort through the United Way and Red Cross
and with these organizations, he has been able to understand what is needed in
services, but unfortunately not able to be provided for due to lack of funds.
Mr. Feinour said it is his understanding that a strong public school
system has been a consideration in Cooper Industries' interest in moving to Roanoke,
as it was to him eight years ago; that he has seen from the experiences of his
children the progress that has been made in the school syste~, but there is always
room for iraprove~ent. Although chan~e is often feared, it is better to continually
upgrade and improve a system rather than keep it status quo, and we must always
strive to improve our educational resources and make our goals as challenging as
possible.
Mr. Feinour expressed the opinion that we are fortunate to have extrelaely
dedicated teachers who are interested in our children; and by working with the
administrators, the parents and the School Board, we will have a public education
system that is the best it can be.
Mr. Harvey asked the following questions:
QUESTION: Using two scenarios, if you have a budget to do everything you want to
do, and if you have a budget with limited funds, how do you view the relationship
between the emphasis placed on the gifted student versus the student with a learning
disability?
ANSWER: Mr. Feinour advised that we should concentrate and make sure that we have
the best programs for the two extremes, but at the same time also not sacrifice the
program for the average student, and if he had to make a choice to lean one way or
the other because of limited funds, his emphasis would be to provide for the student
with the learning disability. However, with the interest that has been established
by the School Board and administration in recent years, there could still be a very
effective gifted program supported by volunteers.
QUESTION: If you were a member of the School Board and at the end of the fiscal
year you did not expend all the money appropriated, would you in the last three
weeks of the budget make a concerted effort to spend all of the money, or would you
make an effort to return the money from whence it came?
ANSWER: Mr. Feinour advised that he would return the money from the standpoint that
the School Board works in close cooperation with the Council and the City Administra-
tion, and much of the money the Board receives is from various state funds, federal
funds or city funds, and if the budget has been met, the money should be returned.
QUESTION: What kind of job do you feel the current administration is doing?
ANSWER: Mr. Feinour advised that the present administration is doing a commendable
j ob.
Mr. Musser asked the following questions:
QUESTION: Do you feel there is a gap between the teachers and school administration,
and if so, how do you feel the School Board could bridge that gap?
ANSWER: Mr. Feinour advised that he feels there is a gap and it needs to be bridged
very quickly; that one way to bridge the gap is to have committees appointed so that
various members of the administration, teachers, and members of the PTA can openly
discuss the problems that each particular group feels toward the other, which would
provide for better understanding of each role. In order to improve morale and
decrease the feeling of fear that is present among so many employees of the system,
better communication has to take place.
QUESTION: If you had to evaluate the importance of teachers in the elementary
level, junior high level and senior high level, where would you place the most
emphasis?
ANSWER: Mr. Feinour advised that he strongly believes there has to be a tremendous
concentration of effort at the elementary school level to give the student the start
he or she needs. If they get the basic start and a good foundation, they are set in
a much better position to carry on throughout the other years; however he does not
think teachers in junior high school or senior high school are any less dedicated.
QUESTION: What do you feel should be the role of the School Board as related to
vocational education?
579
580
ANSWER: Hr. Feinour advised that the Board should have a strong interest in vocational
education and needs to constantly improve and upgrade the programs that are available
to the students who are interested in this type of education in an effort to identify
their interest in the early stages rather than waiting until the last year they are
in high school.
Mr. Trout asked the following questions:
QUESTION: What shortcomings or problems do you see in the school system?
ANSWER: Mr. Feinour advised that the unrest is certainly a problem; the guidelines
for teachers and administrators have not been fully delineated and there are a lot
of inconsistencies from school to school. Also, there has to be a public relations
effort on the part of the School system so that the citizens from the co~unity, as
well as parents, are kept more aware of the policies of the School Board and what
the administration is doing; and the curriculum areas need to be extended into
arenas such as elementary education, etc.
QUESTION: Would you feel comfortable in talking with the Roanoke Education Association?
ANSWER: Mr. Feinour answered in the affirmative, if it is an approved representative
body.
Mrs. Bowles asked the following questions:
QUESTION: As a Board member, how would you advocate your role in helping teachers
and administrators perform at their highest standards of performance?
ANSWER: Mr. Feinour advised that this could be accomplished through telling the
teachers how much they are appreciated and by becoming interested in school programs;
that once the teachers feel they are appreciated, that they have the support of the
parents and are listened to by the administration, their interest and motivation
will be increased.
QUESTION: As a Board member, would you have any plans or ideas on how to cope with
discipline?
ANSWER: Mr. Feinour advised that the Board has tried to work with the principals
and teachers to promote a good discipline program within the schools through re-
analysis of the various policies and freedoms that the students have between classes
and the types of classroom conduct that is acceptable; that with the amount of
requirements and pressure on teachers today, the School Board has to set as many
guidelines regarding discipline as possible to assist the teachers in furthering
education, rather than being policemen in the classroom.
QUESTION: Do you feel that the classroom teacher or administrator has the right to
physically discipline a child?
ANSWER: Mr. Feinour answered in the negative.
Dr. Butler asked the following questions:
QUESTION: What is your general impression of the Roanoke City School System?
ANSWER: Mr. Feinour advised that his impression is very high, and it was a big
factor to his family when they decided to move to Roanoke.
QUESTION: How do you feel about the practice of the School Board adjusting attendance
zones and using yellow school buses to provide and maintain a totally desegregated
school system?
ANSWER: Mr. Feinour advised that he agrees with the School Board's policy with
regard to this program. To have a system such as we presently have, utilizing the
school buses is the best way to insure that there is a racial balance, and the
practice should be continued.
Mr. Garland asked the following questions:
QUESTION: As a School Board member, how would you go about trying to improve parental
participation so as to improve disciplinary problems and improve study habits?
581
ANSWER: Mr. Feinour advised that volunteer groups could donate their time, either
as tutors or working with various parenting groups, visiting the homes, and getting
the parents involved in school activities, etc.
QUESTION: As a School Board me~ber, what would be the first thing you would do to
correct the existing environment between teachers and administrators?
ANSWER: Mr. Fetnour advised that he would make an all out effort to talk with
teachers on a one on one basis and get their ideas; that in many cases teachers are
fearful of speaking out because of possible recriminations; that a lot of the unrest
is due to lack of communicatiou; that School Board members need to be seen in the
schools and need to get to know the various aspects and programs that are going on
in the schools and try to understand the problems, noting that they cannot sit in a
meeting week after week and hear about the problems, they have to visit the schools
and gain firsthand knowledge.
Mayor Taylor asked the followin~ Ruestions:
QUESTION: What do you consider to be the strengths of the Roanoke City School
system?
ANSWER: Mr. Feinour advised that one of the main strengths of the system is its
dedicated teachers and a good management team to carry out some of the new guidelines
of the School Board; that the Superintendent is a good manager; that changes represent
that progress is being made in the schools and he would like to see this continued
improvement go on; that there has been a tremendous amount of study in instructional
curriculum and in order for the school system to constantly improve, new infusions
of ideas is needed. He said the attempts made by the Superintendent and Board thus
far have been very beneficial.
The fifth person to be interviewed was Charles L. Glass.
Mr. Glass advised that he considers the Roanoke City School Board to be a
big business, with approximately 1000 employees, a budget of approximately $40
million, and these characteristics make it similar to the kinds of operations he has
been familiar with in his professional career.
Some of the areas that are important in the school system is the need for
a well defined goal communicated at all levels of the school system which should be
primarily expressed in terms of quality, and basically, quality is measured in terms
of capabilities. He said it is incumbent upon the School Board and administration
to establish plans which will upgrade the quality of the school system and that
rigorous measurements be established at all levels of the organization.
Mr. Glass advised that if we provide the fundamental foundation for our
children, they will be in a position to live happy and productive lives and, in this
regard, the school system has not demanded enough of the children. The expectations
have been lower than the children are capable of producing, and we need to turn that
particular aspect around. Regarding teachers, Mr. Glass advised that they are the
key to the success of the system, they are the individuals who make the system work.
As a whole, the school system has to do those things that will promote job satisfaction
for the teachers, provide an enviror~ent that will support the teachers, and provide
an environment that will maintain the teachers' authority so that he or she may have
discipline in the classroom.
With regard to the parents, he said it appears that over the years, the
parents have been phased out of the educational process and this is a mistake,
advising that he is not sure how to approach the issue, but the School Board and the
administration has to address the problem in order to get the parents more heavily
involved in the education of the children by insisting that the child do what he or
she is capable of doing.
Mr. Musser asked the following questions:
QUESTION: If you were a member of the School Board and you were told you had to cut
the School budget, what is the most important criteria you would use to accomplish
this goal?
582
ANSWER: Mro Glass advised that he would look in the administrative areas first, and
then look in the area of lone-term capital budgeting.
QUESTION: Do you feel there is a gap existing between the teachers and the present
school administration, and if so, how do you feel the School Board could contribute
toward bridging that gap?
ANSWER: Mr. Glass advised that there is a gap which has been caused by misunderstanding
of what is going on; that we have a shrinking school system, with a tight budget,
and teachers are ill at ease as to how that is going to impact on them, and they are
uncertain as to how these budgetary problems will be resolved relative to their job
security and their job satisfaction. It appears that the proposed practice of the
School Board is visiting the schools and meeting with the people is a step in the
right direction.
QUESTION: Where in the spectrum of education do you feel the vocational education
program should be placed?
ANSWER: Mr. Glass advised that it should be placed primarily at the high school
level.
Mr. Trout asked the following questions:
QUESTION: Do you feel that the administration recognizes that teachers love their
jobs?
ANSWER: Mr. Glass responded in the affirmative, advising that we had a system, that
had some deficiencies, and in the initial change, it was perceived that by working
in the personnel area, these deficiencies could be most rapidly corrected. He said
that had some communication occurred and if people had known what was going on
before the ax fell, things could have been handled much better.
QUESTION: What are your ideas as to how communication can be improved?
ANSWER: Mr. Glass advised that first and foremost the principals have to be apprised
of the approach that the senior administration is going to take. It is important
that the people know what the criteria is, how it is going to be exercised and the
timetable, and it should be communicated honestly and openly without regard to
personalities. The method of communication could be through round table discussions,
by having the senior members of the administration go to the schools and conduct
informative sessions, or through written communication, etc.
QUESTION: How do you feel about meeting with the Roanoke Education Association as a
group?
ANSWER: Mr. Glass advised that he has no probl~n in meeting with the REA either
individually or as a group; however, in personnel matters, the existence of a third
party tends to confuse and complicate matters because the third party has objectives
of its own which may or may not side with the individuals involved.
Mrs. Bowles asked the followin~ .questions:
QUESTION: What is your feeling on social passing and should it be allowed within
the system?
ANSWER: Mr. Glass advised that social passing prostitutes the standards of the
system and it prostitutes the individual's standards because he finds that he can
achieve as much as the hard worker and get the same reward in return; that it con-
fuses the individual as to how good he really is if he is told that he is making an
A when, in fact, he should be making a C; that if he is passed to the next grade
when he should be held back, he has received a disservice from two points of view:
(1) he has been given a reward without his earning it which changes his value system
and; (2) as he gets further into the system he will have more and more difficulty in
keeping up with the work, that the circle continues until the student graduates from
high school with a social diploma and finds himself without marketable skills. He
said he is opposed to social passing and as a School Board member will try to implement
a policy that will eliminate social passing.
583
QUESTION: Do you have children in the Roanoke City Public Schools?
ANSWER: Mr. Glass advised that he has one child presently in the public school
system and one child who will be entering the public schools next year.
Dr. Butler asked the followin~ questions:
QUESTION: What is your general impression of the Roanoke City School System?
ANSWER: Mr. Glass advised that the system is not as good as it could be; that it
appears the School system is taking a nominal quality child and not challenging him
so that he can maintain his ability or enhance it.
QUESTION: How do you feel about the practice of the School Board in adjusting
attendance zones and using yellow school buses to provide and maintain a totally
desegregated school system?
ANSWER: Mr. Glass advised that it is necessary from time to time to adjust school
districts primarily because of the shift in population patterns; that to the degree
necessary, there is a desirable function served by forced integration in the schools
where minorities have the opportunity to learn and grow up, and socially mingle with
children of other social economic backgrounds. On the other hand, he said he likes
neighborhood schools, and if we could do both without busing students across town,
that would be having the best of both worlds. He said busing is expensive, that he
would like to approach it in the sense that racial balance will be maintained in the
schools, but that it be done more cheaply than transporting children across tow~.
He said he feels that children respond better to teachers of their own ethnic back-
ground more so than they do of other ethnic groups; however, the social mixing
aspect overcomes this particular advantage. In conclusion, he said he would support
integrating the movement of children across boundaries.
Mr. Garland asked the followin8 questions:
QUESTION: What influence or input do you think the Roanoke Education Association
should have in making school policy?
ANSWER: Mr. Glass advised that the true function of the REA is to keep the administra-
tion honest and to remind the administration, PTA, etc., to keep their sense of
balance.
QUESTION: What is your feeling about merit pay for teachers?
ANSWER: Mr. Glass advised that he supports it wholeheartedly, the only problem
being that teaching is a helping profession and it is difficult to determine which
teachers are effective and which are not; and the merit system provides an opportunity
of rewarding people for working hard.
Mr. Harvey asked the followin~ questions:
QUESTION: Using two scenarios, if you have budget to do everything you want to do,
and if you have a budget with limited funds, how do you view the relationship between
the emphasis placed on the gifted student versus the student with a learning disability?
ANSWER: Mr. Glass advised that both should receive more than their fair share of
available resources; that the learning disability student needs help in the early
stages; on the other hand, the gifted student is our key to the future and this
student should not be held back; therefore, he would put equal emphasis on both
for different reasons.
QUESTION: If you were on the School Board, and at the end of the year you came up
with left over funds, would you advocate rapid expenditure of the money within the
last three or four weeks of the fiscal year, or would you return the money to the
City?
ANSWER: Mr. Glass advised that his inclination would be to return the money to the
City with one exception. Those members of the School system, from the bottom to the
top, who have performed under the merit system, may deserve monetary consideration.
584
On the other hand, there is the possibility that the Board has held back on purchasing
needed supplies, etc., and funds may need to be expended for that purpose. Basically,
he said the money should be returned to the City, or a small amount of it could be
used judiciously.
QUESTION: If you have an undesignated fund balance at the end of the year, would you
advocate spending the money on something that would be an ongoing expense every year?
ANSWER: Mr. Glass advised that he would tend to spend the money in a reward mode or
a "let us prepare ourselves for the on-coming year so that we can reduce expenses in
a particular area" mode, and he would hesitate to make a commitment of giving a raise
in salary that would be an on-going expenditure.
QUESTION: How do you feel about the job the current school administration is doing?
ANSWER: Mr. Glass advised that the current school administration has been following
the directive of the School Board and attempting to upgrade the quality of the school
system, that the execution in policy is somewhat lacking; and he feels that Mr. Tota
is doing a reasonably good job.
Mayor Taylor asked the following questions:
QUESTION: Do you feel the "Jobs for Virginia Graduates Program" will serve a definite
need that presently exists in our community?
ANSWER: Mr. Glass advised that industry is willing, ready and capable to train the
people they need; that if the people have basic and fundamental skills, if they can
be trained and have a commitment for placement, the "Jobs for Virginia Graduates"
will be a desirable program.
QUESTION: What do you consider to be the principal strengths and weaknesses of the
Roanoke City School System?
ANSWER: Mr. Glass advised that the principal strength is the dedication of the
people in the school system, advising that they are dedicated hardworking people who
want to do the right thing; that the weakest area Cs a tendency to aim too low in our
expectations of students, inasmuch as the school system should challenge the students.
The sixth and last person to be interviewed was David K. Lisk.
Mr. Lisk referred to the talents he gained through serving for ten years as
a member of the Roanoke City Council, advising that he would like to use those talents
as a trustee of the School Board. He said he has educated three children in the City
school system; that he feels there is a need to have someone on the School Board who
understands the complexities of the organizational structure, and recognizes the
constraints of Council with regard to money in the budget.
He maid he gained much experience in communication while serving on Council
in that he worked with eleven school budgets. He stated that better communication,
better understanding, and better working relationships are needed in the City School
system. He noted that such matters as how can the dollar be better spent, and how
are priorities being utilized in the school system need to be addressed. Ail too
often we have people in the system who do not recognize the importance of questioning
priorities and needs, of trying to develop a better communication system, of understanding
the complexities of the School Board, the school administration, and its relationship
to the public, community and to the City Council.
Mr. Trout asked the following questions:
QUESTION: Do you think the school administration is doing a good job?
ANSWER: Mr. Lisk advised that he can only go by what he has seen and read through
the news media and he feels the administration is following the mandate of the
School Board.
QUESTION: What do you feel are the shortcomings of the School administration?
ANSWER: Mr. Lisk advised that the problems are not so much the shortco~ings of the
administration, as much as the shortcomings of the School Board in not being more
involved with the types of policy that the school administration is carrying out.
There have been certain things that the admiuistration did which have been detrimental,
but the administration did those things with the feeling that this is what the Board
wanted.
QUESTION: Do you think morale is good and, if not, how do you think it could be
improved?
ANSWER: Mr. Lisk advised that morale is very iow mainly because of the changes that
have taken place; that there is a lack of communication from the bottom to the top
and, therefore, teachers feel that if they make any comments, there will be retaliation.
QUESTION: What would be your attitude toward listening to representatives of the
Roanoke Education Association?
ANSWER: Mr. Lisk advised that within the confines of the law, we need to meet and
confer with any reasonable group that has anything to offer in reference to the
betterment cf the program, and it must be up to the School Board to take the informa-
tion and filter it out where applicable. More specifically, he said he would be
willing to meet with the REA if it is legally permissible.
Mrs. Bowles asked the following questions:
QUESTION: To what degree, if any, do you feel the School Board should become involved
on a day to day basis with the operation of the system?
ANSWER: Mr. Lisk advised that the Board cannot become involved on a day to day
basis, that they are a policy making group, and they must know when they establish a
policy, how that policy is going to be carried out by the administration.
QUESTION: You have a wife who is a school teacher in the City system, do you feel
this will inhibit your decisions in any way?
~NSWER: Mr. Lisk responded in the negative, advising that she would be more of an
asset in the sense that he is more aware of some of the things that are going on in
the School system through her input, as well as his own investigation.
Dr. Butler asked the following questions:
QUESTION: What is your general impression of the Roanoke City School system?
ANSWER: Mr. Lisk advised that generally we have a very fine school system, but we
need to get back to the real basics of education, and get some confidence from the
bottom up to the effect that we are all working together as a team.
QUESTION: How do you feel about the practice of the School Board of adjusting
attendance zones and using yellow school buses to provide a totally desegregated
school system?
ANSWER: Mr. Lisk advised that as long as we have a federal law, we are obligated to
carry out that law to the best of our ability; that if the boundaries and guidelines
are going to be updated, we have to do it within the purview of the law, but with
some understanding of reason by the people; and with open housing; it is hoped that
the need for such a law will no longer exist.
Mr. Garland asked the following questions:
QUESTION: What influence or input do you think the Roanoke Education Association
should have in formulating school policy?
ANSWER: Mr. Lisk stated that if it is not a violation of the law by conferring and
discussing with the REA, he feels the Board should talk with them and try to work
with them because they are a part of the teem. He said he does not feel they should
dictate or have any inward control over the Board, other than in an advisory capacity.
QUESTION: As a School Board member, what recommendation would you make to improve
the relationship between teachers and administrators?
ANSHER: Hr. Lisk advised that as an outsider, he is of the opinion that teachers
feel that salary is not the main problem, that the tools to work with and the time to
work with the~ are equally as important, and this is an area where the administrators
are not listening to the teachers.
Mr. Harvey asked the followin~ questions:
QUESTION: Using two scenarios, if you have a budget to do everything you want to do,
and if you have a budget with limited funds, how do you view the relationship between
the emphasis placed on the gifted student versus the student with a learning disability?
ANSWER: Mr. Lisk advised that both areas need to be addressed with the funds that
can be appropriated because there is just as much of a problem in bypassing the
gifted child as there is in not having enough personnel or time to work with the
child with the learning disability. He said he would rather for funds to be cut from
the capital budget than to cut programs for the child with the learning disability or
the gifted. He advised that if he had to make a choice between the two, he would
have to lean toward the learning disability child over the gifted child because the
gifted child has the ability to learn on his own.
QUESTION: If you were a School Board member, three or four weeks before the end of
the fiscal year, if you discover that you have surplus funds, would you make a concerted
effort to spend the money, or would you feel free to return the money to the City?
ANSWER: Mr. Lisk said the money should be returned to the City, and the School Board
should have enough confidence in the Council to know that the following year Council
will predicate the School budget on sound fiscal thinking, and the Board will be
given the maximum amount possible, and the School Board, keeping faith with the
Council, should see that the money is spent to its best and highest priority.
QUESTION: How do you see the relationship between the School Board, administration
and teachers?
ANSWER: Mr. Lisk advised that it should be a close relationship to show that there
is concern, understanding and communication, and he would like for Council and the
School Board to have a closer relationship.
Mr. Musser asked the followin8 questions:
QUESTION: What is your opinion of merit raises for teachers?
ANSWER: Mr. Lisk advised that he is in favor of a good teacher getting some type of
recognition, however, he has not encountered a merit system that is workable, and his
concern is with regard to the individual who will be responsible for administering
such a system.
QUESTION: As a member of the School Board if you were asked to cut the budget, what
criteria would you use?
ANSWER: Mr. Lisk advised that he would advocate cutting in areas that are not of
high priority such as music, sports, arts, etc., expressing the opinion that the
basics have to be kept in the field of education.
QUESTION: What emphasis would you place on vocational education?
ANSWER: Mr. Lisk advised that he is a strong believer in vocational education, that
a technical and vocational program is necessary for both male and female students.
Mayor Taylor asked the followin~ question:
QUESTION: If elected, you would be serving a three year term, what would you like to
see accomplished during those three years?
ANSWER: Mr. Lisk advised that basically he would like to bring the total working
organization back together; that his strongest responsibility would be to endeavor to
bring about a relationship so that all persons will be working for one joint purpose,
the children.
587
There being no further business, the Mayor declared the public interview concluded
and adjourned the meeting at 10:15 p.m.
ATTEST
City Clerk
APPROVED
Mayor
588
SPECIAL SESSION ..... ROANOKE CITY COUNCIL
April 18, 1983
3:40 p.m.
The Council of the City of Roanoke met in special session in the Council
Chamber in the Municipal Building, City of Roanoke, on Monday, April 18, 1983, at
3:40 p.m., with Mayor Noel C. Taylor presiding.
PRESENT: Council members Howard E. Musser, James O. Trout, Elizabeth T.
Bowles, Wendell H. Butler, Robert A. Garland, James G. Harvey, II and Mayor Noel C.
Taylor ........................................................................... 7.
ABSENT: None .......................................................... 0.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. W. Robert Herbert,
Assistant City Manager; Mr. Wilburn C. Dibling, Jr., City Attorney; Mr. Joel M.
Schlanger, Director of Finance; and Ms. Mary F. Parker, City Clerk.
The invocation was delivered by Mayor Taylor.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Taylor.
The City Clerk read the following report of the City Manager requesting the
Special Meeting:
"Roanoke, Virginia
April 18, 1983
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
This is to request a special meeting of City Council to ~mmediately
follow the Financial and Planning Session of Monday, April 18, 1983.
The items to be considered are:
Award a contract for Refuse Relocation - Roanoke Centre for and
Industry and Technology
Award of an Engineering Services Contract for UDAG funded Site
Design for Roanoke Centre for Industry and Technology
Award Architectural/Engineering Compensation Contract for
Renovation of Post Office - Courthouse Building for
Consolidation of State Offices
Respectfully submitted,
S/ H. B. Ewert
H. B. Ewert
City Manager"
INDUSTRIES-ECONOMIC DEVELOPMENT COMMISSION: The City Manager submitted
a written report advising that contract, in the amount of $156,464.00,
was awarded to J & H Grading Company, Inc., of Dry Fork, Virginia, on March 7,
1983, for partial site grading for the Roanoke Centre for Industry and
Technology; that the purpose of the contract was to grade the building site
itself and to prepare an access road for the proposed Cooper Industries
plant prior to award of the UDAG Grant so that Cooper could maintain their
schedule for beginning manufacture; that funding of $156,464.00 for the
base contract and a contingency of $20,000.00 was established from the
ACTION:
589
Capital Fund; that change in the plac~ent of the proposed plant on this
site and the need to relocate refuse earlier than anticipated necessitated
the shifting of the work e~phasis of J & H Grading from partial site grading
and access road construction planned in the base bid to performing a variety
of grading tasks.
Mr. Ewert advised that partial site grading has been approximately 65
per cent completed; that the access road has been rough graded but has not
been finish graded and paved; that work performed by J & N Grading for
partial site grading and access road construction prior to being shifted to
the refuse relocation has amounted to $101,701.60 leaving $54,762.40 remain-
ing for refuse relocation; that UDAG funds are contemplated for finishing
the site grading, access road, and completion of refuse relocation and the
final details and amounts are being worked out between Cooper and the City
based on the final site plan and grading quantities for both on-site and
off-site tasks.
The City Manager recommended that Change Order No. 1, in a form
acceptable to the City Attorney, be issued to J & H Grading Company, Inc.,
to change the remaining amount of work ($54,762.40) to be performed from
the original tasks of site grading and completion of the access road to
that of refuse relocation and to extend the contract completion date from
April 1, 1983, to April 30, 1983, and no additional funds are required for
Change Order No. 1.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#26456) AN ORDINANCE approving the issuance of Change Order No. 1 to
the City's contract with J & H Grading Company, Inc., for certain site
grading at the Roanoke Centre for Industry and Technology; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 26.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Dr. Butler and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor ............................................................ 7.
NAYS: None ............................................................ O.
INDUSTRIES-ECONOMIC DEVELOPMENT COMMISSION: The City Manager submitted
a written report advising that the City has applied for a UDAG grant for
site improvements at the Roanoke Centre for Industry and Technology; that
preliminary UDAG award, in the amount of $2,412,684.00, has been confirmed;
that grading contract for the Cooper site was approved by Council on March 7,
1983, pursuant to Ordinance No. 26404 using $156,464.00 in local funds; and
grading plan for the Centre is presently being designed by Mattern & Craig
Consulting Engineers using $3,839.00 in local funds.
The City Manager recommended that Council authorize him to contract
with Mattern & Craig Consulting Engineers a cost plus fixed fee contract in
an amount not to exceed $98,000.00, with execution of the contract to be
contingent on release of UDAG funds from HUD; and that Council appropriate
from the undesignated fund balance of the capital projects fund $98,000.00
to Roanoke Centre for Industry and Technology Account No. A08110190800,
said costs will be eligible as UDAG expenditures when grant funds are
available for appropriation.
(For full text, see report on file in the City Clerk's Office.)
ACTION: Mr. Trout offered the following emergency Ordinance:
59O
ACTION:
(#26457) AN ORDINANCE to amend and reordain certain sections of the
1982-83 Caoital Projects Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No.48, page 26.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor ........................................................... 7.
NAYS: None ........................................................... O.
Mr. Trout offered the following emergency Ordinance:
(#26458) AN ORDINANCE authorizing a contract with Mattern and Craig,
P.C., Consulting Engineers, to provide certain engineering and design
services for the Roanoke Centre for Industry and Technology; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 27.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mr. Musser and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor .......................................................... 7.
NAYS: None .......................................................... O.
POST OFFICE-CITY PROPERTY: The City Manager submitted a written
report in connection with the award of an architectural/engineering compensa-
tion contract for the renovation of the Post Office - Courthouse Building
for consolidation of State offices, advising that the City of Roanoke has
been working on the governmental complex concept for this area of the City,
and the program for the Commonwealth of Virginia to consolidate their
office space in the Post Office Building has been approved; that qualifying
proposals were submitted to eleven architecural/engineering firms with four
firms being selected and invited for interview which were:
Sherertz, Franklin, Crawford, Shaffner
Hayes, Seay, Mattern & Mattern
Smithey and Boynton
Architectural Design Group, in association with Lorenz and
Williams of Dayton, Ohio;
and Smithey and Boynton was selected as the best qualified architect/engineer
to review, analyze, and coordinate with the state agencies and then prepare
the necessary contract documents to renovate the Post Office - Courthouse
Building to a consolidated State Office Building.
and
Mr. Ewert advised that a Compensation Contract needs to be approved
awarded to Smithey and Boynton for the .following services:
Program development through interviews and coordination with
the various state agencies that are proposed to occupy this
building. Additional coordination as required between
state agencies and the representative from the Governor's
Office for this project.
Development of the schematic drawings.
Design development as required.
Development of the contract documents and the reception of
bids.
Construction administration and inspection.
ACTION:
ACTION:
ATTEST:
591
The City Manager recu~me~ed that Council authorize the execution of
an architectural/engineering services contract, in a form acceptable to the
City Attorney, to Smithey and Boynton for basic services to interview and
coordinate state agency requirements, develop schematic design, design
development, construction documents, bidding and construction administra-
tion for Renovation of Post Office - Courthouse Building for Consolidated
State Offices not to exceed $185,000.00 as follows:
Program development and schematic design
Design development stage
Construction development stage and acceptance
of Bids
Construction administration
Projected Profit (15%)
Professional Services Contract
$ 31,450.00
23,587.00
70,763.00
3!~4.50.00
$157,250.00
27,750.00
$185,000.00;
that Council approve the sum of $15,000.00 to be used for direct reimbursable
expenses and additional architectural services as required and approved by
the administration; and that Council appropriate the total sum of $200,000.00
from Undesignated Capital Funds to an account to be established by the
Director of Finance for professional services for Renovation of the Post
Office - Courthouse Building for Consolidation of State Offices.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#26459) AN ORDINANCE to amend and reordain certain sections of the
1982-83 Capital Projects Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 28.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor ........................................................... 7.
NAYS: None ........................................................... 0.
Mr. Trout offered th-~ following emergency Ordinance:
(#26460) AN ORDINANCE authorizing the City Manager to enter into a
contract with Smithey & Boynton, to provide architectural and engineering
services for renovation of the Post Office-Courthouse Building; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 28.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor ........................................................... 7.
NAYS: None ........................................................... 0.
There being no further business, the Mayor declared the special meeting
adjourned at 3:50 p.m.
City Clerk
APPROVED
Mayor
592
REGULAR WEEKLY SESSION .... ROANOKE CITY COUNCIL
April 25, 1983
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the Council
Chamber in the Municipal Building, City of Roanoke, on Monday, April 25, 1983, at
2:00 p.m., the regular meeting hour, with Vice-Mayor Howard E. Musser presiding.
PRBSENT: Council members James O. Trout, Elizabeth T. Bowles, Wendell H.
Butler, Robert A. Garland, James G. Harvey, II, and Vice-Mayor Howard E. Musser--6.
ABSENT: Mayor Noel C. Taylor .......................................... 1.
OFFICERS PRESENT: Mr. W. Robert Herbert, Assistant City Manager; Mr.
Wilburn C. Dibling, Jr., City Attorney; Mr. Mark A. Williams, Assistant City Attorney;
Mr. Joel M. Schlanger, Director of Finance; and Ms. Mary F. Parker, City Clerk.
The invocation was delivered by The Reverend John B. Hartman, II, Pastor,
West End Presbyterian Church.
The Pledge of Allegiance to the Flag of the United States of America was
led by Vice-Mayor Musser.
CONSENT AGENDA:
The Vice-Mayor advised that all matters listed under the Consent
Agenda are considered to be routine by the members of Council, and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent Agenda
and considered separately.
MINUTES: Minutes of the regular meeting of Council held on Monday,
April 4, 1983, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
ACTION: Mr. Trout moved that the reading of the minutes be dispensed with and
that the minutes be approved as recorded. The motion was seconded by Dr.
Butler and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey and Vice-
Mayor Musser ............................................................... 6.
NAYS: None ............................................................ 0.
(Mayor Taylor was absent.)
RADIO-TELEVISION: A communication from Mr. E. K. Mattern, Executive
Vice President, Roanoke Valley Cablevision, Incorporated, transmitting a
report covering activities resulting from an actual survey and inventory as
of December 31, 1982, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
ACTION: Mr. Trout moved that the con~unication be received and filed. The
motion was seconded by Dr. Butler and adopted by the following vote:
AYES: Council mambers Trout, Bowles, Butler, Garland, Harvey and
Vice-Mayor Musser~ ........................... - ............................. 6.
NAYS: None ........................................................... O.
(Mayor Taylor was absent.)
A~TION:
ACTION:
ACTION:
593
TREASURER: A cozunication from Mr. Gordon E. Peters; Treasurer,
transmitting a statement of activity of the Treasurerrs Office for the
month of March, 1983, was before Council.
(For full text, see statement on file in the City Clerk's Office.)
Mr. Trout moved that the state~ent be received and filed. The motion
was seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey and
Vice-Mayor Musser ......................................................... 6.
NAYS: None .......................................................... 0.
(Mayor Taylor was absent.)
HEALTH: The report of qualification of Mr. David R. Goode as a member
of the Mental Health Services Board for a term of three years ending
December 31, 1985, was before Council.
(See Oath of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Dr. Butler and adopted by the following
vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey and
Vice-Mayor Musser ........................................................ 6.
NAYS: None ......................................................... 0.
(Mayor Taylor was absent.)
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
SCHOOLS: Mrs. Hazel Thompson and Mr. Ron James appeared before Council
and gave a slide presentation regarding northwest Roanoke history and the
basis for requiring the Harrision School as a cultural center.
Following Mrs. Thompson's presentation, Mr. Earl B. Reynolds, Jr., Chief
of Community Planning, appeared before Council and advised that the Harrison
School has been entered into.the National Register of Historic Places and
presented a plaque from the Virginia Historic Landmark Commission to Mrs.
Thompson for display in the Harrison Center.
PENSIONS: Mr. H. Cletus Broyles, President, Association of the City
of Roanoke Retired Employees, appeared before Council and read a prepared
statement requesting that a cost of living increase for retired City employees
be provided in the 1983-84 fiscal year budget, on the same basis that will
be provided for current City employees. He also requested that those City
employees who retired before May 31, 1973, be reimbursed their contributions
to the Employees' Retirement System, on the same basis that was accomplished
for those City employees who retired after May 31, 1983.
(For full text, see statement on file in the City Clerk's Office.)
Mr. Trout moved that the requests be referred to 1983-84 budget study.
The motion was seconded by Mr. Garland and adopted.
At 2:45 p.m., the Vice-Mayor declared the meeting recessed.
At 3:00 p.m., the meeting reconvened in the Council Chamber, with
Vice-Mayor Musser presiding and all members of the Council present, with
the exception of Mayor Taylor.
PETITIONS AND COMMUNICATIONS:
594
ACTION:
ACTION:
ELECTIONS: A communication from Mr. Alton B. Prillaman, Secretary,
Roanoke City Electoral Board, advising that the Board has received a letter
from Mr. David Helmet, President of the Roanoke Transportation Museum
Center, requesting that the polling place for Wasena Precinct be moved from
the City Building (designated in Sec. 10-68 of the City Code as Entrance
Building) to the Depot Building which will allow space in the City Building
for the Museum Center to have a souvenir shop; that the Electoral Board
unanimously endorses this move and requests the approval of Council
to amend Section 10-68 of the City Code designating the Depot Building as
the polling place instead of the Entrance Building, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
The City Attorney advised that approval has been received from the
United States Department of Justice.
Mr. Trout moved that the following Ordinance be placed upon its first
reading:
(#26461) AN ORDINANCE amending and reordaining Section 10-68, Same--
Voting place, of the Code of the City of Roanoke (1979), as amended, to provide
for the location of the voting place at the Depot Building of the Transportation
Museum rather than at the entrance building of the museum.
The motion was seconded by Mr. Harvey and adopted by the following
vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey and
Vice-Mayor Musser .......................................................... 6.
NAYS: None ........................................................... 0.
(Mayor Taylor was absent.)
REPORTS OF OFFICERS:
CITY M~kNAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
AIRPORT: The Assistant City Manager submitted a written report of the
City Manager advising that Air Virginia occupies 360 sq. ft. of office
space in Airport Building No. 1 under a lease agreement dated March 4,
1982, authorized by Ordinance No. 25892; that the term of lease was for one
year beginning December 1, 1982 for $3.00 per sq. ft. per year in advance,
including utilities but not custodial services; and a request for renewal
of existing lease has been made by Air Virginia dated April 12, 1983, and
the request for renewal was delayed due to the assumption of automatic
renewal unless a 30-day notice was given.
The City Manager recommended that Council approve the request of Air
Virginia with the provision to rent month to month on expiration, with an
option to cancel by either party on 30 days notice, in anticipation of an
Airport Use Agreement, effective April 1, 1984.
(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:
(#26462) AN ORDINANCE providing for an extension of the lease by the
City to Flight America, Inc., t/a Air Virginia of office space in Building
No. 1 at Roanoke Municipal Airport, Woodrum Field.
The motion was seconded by Mr. Trout and adopted by the following
vote:
595
AYESz Council members Trout, Bowles, Butler, Garland, Harvey and
Vice-Mayor Musser ......................................................... 6.
NAYS: None ........................................................... 0.
(Mayor Taylor was absent.)
sALE/PURCHASE OF PROPERTY-CITY PROPERTY-SCHOOLS: The Assistant City
Manager submitted a written report of the City Manager advising that Council
authorized the granting of an option to Roanoke Fashions, Inc., to purchase
the former Jefferson High School Annex by Ordinance No. 26242, dated
October 11, 1982; that the option provided that Roanoke Fashions, Inc.,
have the property rezoned and the City close certain streets and alleys
during a six month option period beginning on the effective date of the
Ordinance, October 21, 1982, and the Option period expires on April 21,
1983.
The City Manager further advised that Roanoke Fashions, Inc., has
applied for and received approval for rezoning of their plant and the area
encompassing the Jefferson High School Annex and this Ordinance was effec-
tive on March 10, 1983; that the City Administration has applied for the
closing of the necessary streets and alleys and this matter will be on
Council's agenda on May 9, 1983; and scheduling constraints on City Council
and the Planning Commission agendas has caused the rezoning and street
closing procedures to take slightly longer than the time allotted in the
option.
The City Manager recommended that Council authorize the extension of
the option of Roanoke Fashions to purchase the former Jefferson High School
Annex until July 1, 1983.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
Mrs. Bowles offered the following emergency Ordinance:
(#26463) AN ORDINANCE providing for the extension of an option grant-
ed by the City to Roanoke Fashions Company to purchase the former Jefferson
High School Annex, under certain terms and conditions; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 38.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey and
Vice-Mayor Musser ..................................................... 6.
NAYS: None ...................................................... O.
(Mayor Taylor was absent.)
BUDGET-FIRE DEPARTMENT: The Assistant City Manager submitted a
written report of the City Manager advising that Fire Station No. 2 was
designed in 1949 and constructed in 1949-50 at 55 Noble Avenue, N. E.; that
the station was originally designed with three engine bays having entrance
doors that were 10' - 0" wide and 9' - 11 1/2" high, and later, these bays
were redesigned for more modern fire pumpers and tankers; that Fire Station
No. 10 personnel and equipment moved to the airport and this move changed
the equipment requirement for Fire Station No. 2, and today the station is
equipped with a pumper engine, a tanker engine and a ladder truck. (The
Williamson Road Life Saving Crew is housed in the rear half of the engine
bays.)
The City Manager further advised that ladder truck height from floor
to top of truck body is 9' - 4" and the height of the tiller driver's
windshield is an additional 12", which equates to 4 1/2" higher than the
existing door opening; that the normal operating procedure is for the
firemen on the tiller seat to lower the windshield before the ladder truck
596
ACTION:
ACTION:
is backed into its bay and the fire, an does not raise the windshield until
the engine and tiller are outside the apparatus bay and on the way to
answer a call; that veteran firemen are aware of this situation and under
normal conditions the procedure works very well; that early morning calls
and new firemen have not remembered this procedure and have broken several
windshields, that the poasibility exists of injuring a fireman and this is
a condition that needs to be corrected.
The City Manager pointed out that the head of the door and the ceiling
in the ladder truck bay needs to be raised to eliminate a potential hazardous
condition, and recon~ended that Council approve the funding of $18,000.00
to execute the required changes to the ladder truck bay door, and that
Council appropriate the sum of $18,000.00 from the fourth quarter salary
and wages lapse account to an account to be established by the Director of
Finance to remodel the ladder truck bay door and ceiling at Fire Station
No. 2 as detailed by the Office of City Engineer.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#26464) AN ORDINANCE to amend and reordain certain sections of the
1982-83 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 39.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, and
Vice-Mayor Musser ......................................................... 6.
NAYS: None .......................................................... 0.
(Mayor Taylor was absent.)
CIVIC CENTER: The Assistant City Manager submitted a written report
of the City Manager concurring in a report of the Bid Committee that
Council award a contract to Delta Graphics, for 50 folding tables and 1,024
chairs, in the amount of $29,977.80, and that all other bids be rejected.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Harvey questioned the cost of the tables and chairs as opposed to
the prices quoted by Consolidated Seating Company and J. H. Pence Company,
inasmuch as the bid of Delta Graphics is the high bid; whereupon, the
Director of Administration and Public Safety, Mr. George C. Snead, Jr., and
the Manager of the Civic Center, Mr. Bob E. Chapman, presented a briefing
on the types of tables and chairs that are needed, durability, etc., and
the difference between current tables and chairs opposed to those being
recommended by the committee.
Following discussion of the matter, Mr. Garland moved that action on
the report be deferred until the regular meeting of Council on Monday, May 9,
1983, said meeting to begin at 7:30 p.m., in the Council Chamber, at which
time samples of the proposed new tables and chairs as opposed to samples of
the old tables and chairs will be shown to the members of Council. The
motion was seconded by Mr. Trout and adopted.
WORD PROCESSING CENTER: The Assistant City Manager submitted a
written report of the City Manager concurring in a report of the Bid
Committee recommending that the bid of A. B. Dick Products of Roanoke,
Incorporated, in the amount of $25,804.00, to provide three Word Processing
Units and related equipment for the Clerk of the Circuit Court, be accepted;
and that $25,804.00 be transferred from the General Fund Capital Reserve
Contingency Account No. A01941090001 to Office Equipment Account No.
A01211190005 within the Clerk of Circuit Court's budget; and that all other
bids be rejected.
(For full text, see reports on file in the City Clerk's Office.)
ACTION:
ACTION:
ACTION:
597
Dr. Butler offered the following emergency Ordinance:
(#26465) AN ORDINANCE to amend and reordain certain sections of the
1982-83 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 39.)
Dr. Butler moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey and
Vice-Mayor Musser ........................................................... 6.
NAYS: None ............................................................ 0.
(Mayor Taylor was absent.)
Dr. Butler offered the following emergency Ordinance:
(#26466) AN ORDINANCE providing for the purchase of a word process-
ing unit and related equipment; accepting a certain bid made to the City
for furnishing and delivering said unit; rejecting other bids; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 40.)
Dr. Butler moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the followimg vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey and
Vice-Mayor Musser ........................................................... 6.
NAYS: None ............................................................ 0.
(Mayor Taylor was absent.)
SHERIFF: The Assistant City Manager submitted a written report of the
City Manager concurring in a report of the Bid Committee recommending that
the bid of Berglund Leasing Corporation to lease two new 1983 vans for use
by the Sheriff's Department for a period of 48 months, in the amount of
$343.67 per month per vehicle, be accepted.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency Ordinance:
(#26467) AN ORDINANCE providing for the lease of certain vehicles for
the Roanoke City Sheriff's Department, upon certain terms and conditions,
by accepting a certain bid made to the City for the lease of such vehicles;
rejecting certain other bids made to the City; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 41.)
Mr. Harvey moved the adoption of the Ordinance. The motion was.second-
ed by Mr. Trout and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey and
Vice-Mayor Musser ........................................................... 6.
NAYS: None ........................................................... 0.
(Mayor Taylor was absent.)
DIRECTOR OF FINANCE:
BUDGET-POST OFFICE: The Director of Finance submitted a written
report advising that Council appropriated $1,800,000.00 of the fiscal year
1978 General Fund undesignated fund balance to the Capital Improvement
Reserve Account in the Capital Projects Fund to be used for renovation of
the old Post Office; that on May 10, 1982, Council adopted Ordinance No.
598
ACTION:
ACTION:
26013 borrowing $1,489,730.00 of those funds for construction of the Main
Library addition; that this money was to be used to front fund the bond
money earmarked for this project and not sold until December, 1982; that on
July 12, 1982, Council also enacted Resolution No. 26146 stating that these
funds were a temporary loan to be repaid to the Post Office Renovation
Account upon sale of bonds to finance the public building project.
The Director of Finance transmitted an Ordinance repaying $1,489,730.00
to the Post Office Renovation Account from the Buildings category of the
1982 Public Improvement Bond Series as required by Resolution No. 26146,
and requested that Council adopt the appropriate Ordinance.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#26468) AN ORDINANCE to amend and reordain certain sections of the
1982-83 Capital Projects Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 41.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey and
Vice-Mayor Musser ......................................................... 6.
NAYS: None .......................................................... 0.
(Mayor Taylor was absent.)
BUDGET-CITY EMPLOYEES: The Director of Finance submitted a written
report advising that the 1983 fiscal year budget includes $500,000.00 of
anticipated lapse of salary and wages; that the majority of changes on a
proposed budget ordinance will reduce various departmental salary and wage
budgets and decrease the budgeted lapse account by the same amount; that
the total budgeted salary and wage lapse remaining will be as follows:
Original budgeted amount
First quarter lapse realized
Second quarter lapse realized
Third quarter lapse realized
$ 500,000
(162,744)
(173,190)
(122,230)
Amount to be realized
$ 41,836 '
Mr. Schlanger advised that the $458,164.00 first, second and third
quarter lapse realized represents 91.6¢ of the amount budgeted and recommend-
ed the adoption of the appropriate budget ordinance.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler offered the following emergency Ordinance:
(#26469) AN ORDINANCE to amend and reordain certain sections of the
1982-83 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No.48, page 42.)
Dr. Butler moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey and
Vice-Mayor Musser ........................................................ 6.
NAYS: None ......................................................... O.
(Mayor Taylor was absent.)
599
ACTION:
ACTION:
BUDGET-JUVENILE DETENTION HOME: The Director of Finance submitted a
written report advising that the Roanoke Juvenile Detention Home Grant was
completed on June 30, 1982; that funding received was comprised of $105,555.00
Division of Justice and Crime Prevention Grant, $377,427.10 Department of
Corrections Grant, and $142,420.90 General Fund local match totalling
$625,403.00; that expenditures equalled $625,398.04, leaving an unspent
balance of $4.96; and this unspent balance may now be returned to the
General Fund.
Mr. Schlanger pointed out that the state and local funds provided for
the design, renovation, and enlargement of the Juvenile Detention Home;
that landscaping, paving and playground improvements were also completed
and furniture and equipment were purchased for the facility.
The Director of Finance recom~aended that the grant now be closed; that
unexpended funds should be returned to the General Fund; and the following
appropriation and revenue adjustments are required:
Transfers to the Capital Projects Fund
Equipment & Furniture
Construction (State)
Professional Services (Local)
State Reimbursements
decrease $ 4.96
decrease .90
decrease 573.67
decrease 3.29
decrease 572.90
Mr. Trout offered the following emergency Ordinance:
(#26470) AN ORDINANCE to amend and reordain certain sections of the
1982-83 General and Grant Funds Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 43.)
Mr. Trout moved the adoption of the Ordinance. The motion wa~ seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, and
Vice-Mayor Musser ........................................................... 6.
NAYS: None ............................................................ O.
(Mayor Taylor was absent.)
BUDGET-HOUSING: The Director of Finance submitted a written report
advising that on April 18, 1983, Council concurred in his request to
appropriate additional parking lot income received from the Roanoke Redevelop-
ment and Housing Authority as well as funds received by them for the sale
of land in Gainsboro, rental payments by tenants in urban renewal projects
and rehabilitation loan repayments; and transmitting an Ordinance which
accomplishes the request.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#26471) AN ORDINANCE to amend and reordain certain sections of the
1982-83 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 44.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Dr. Butler and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey and
Vice-Mayor Musser ..................................................... 6.
NAYS: None ........................................................ O.
(Mayor Taylor was absent.)
600
ACTION:
ACTION:
REPORTS OF CO~ITTEES:
SEWERS AND STORM DRAINS: Council member Elizabeth T. Bowles, Chairman
of the Water Resources Committee, submitted a written report with regard
to a tiered discharge permit at the Sewage Treatment Plant, recommending
approval to accept a proposal from Dewberry and Davis to perform an analysis,
sampling and prepare a study report, at a cost of fifty per cent of the
annual savings, not to exceed $30,000.00.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#26472) AN ORDINANCE authorizing the City Manager to enter into a
contract with Dewberry & Davis, Consulting Engineers, to provide services
for the City's Sewage Treatment Plant; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 45.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey and
Vice-Mayor Musser ........................................................ 6.
NAYS: None ......................................................... O.
(Mayor Taylor was absent.)
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
STREETS AND ALLEYS: Ordinance No. 26447 permanently vacating, discontinu-
ing and closing Jersey Avenue, N. W., south of Springhill Drive, N. W., in
the City of Roanoke, having previously been before the Council for its
first reading on Monday, April 11, 1983, read and adopted on its first
reading and laid over, was again before the body, Mr. Trout offering the
following for its second reading and final adoption:
(#26447) AN ORDINANCE permanently vacating, discontinuing and closing
Jersey Avenue, N. W., south of Springhill Drive, N. W., in the City of
Roanoke, Virginia, as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 48, page 29.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Dr. Butler and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey and
Vice-Mayor Musser ........................................................ 6.
NAYS: None ....................................................... 0.
(Mayor Taylor was absent.)
STREETS AND ALLEYS: Ordinance No. 26448 permanently vacating, discontinu-
ing and closing Glenn Road, N. E., and a portion of Elizabeth Road, N. E.,
in the City of Roanoke, having previously been before the Council for its
first reading on Monday, April 11, 1983, 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:
(#26448) AN ORDINANCE permanently vacating, discontinuing and closing
Glenn Road, N. E., and a portion of Elizabeth Road, N. E., in the City of
Roanoke, Virginia, as more particularly described hereinafter (the Streets).
(For full text of Ordinance, see Ordinance Book No. 48, page 30.)
ACTION:
ACTION:
ACTION:
601
Mrs, Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Trout, Bowles, Garland, Harvey and Vice-Mayor
Musser .................................................................. 5.
NAYS: Council member Butler ........................................ 1.
(Mayor Taylor was absent.)
SCHOOLS-STREETS AND ALLEYS: Ordinance No. 26449 permanently vacating,
discontinuing and closing portions of Harrison Avenue, N. E., and Third
Street, N. E., in the City of Roanoke, having previously been before the
Council for its first reading on Monday, April 11, 1983, read and adopted
on its first reading and laid over, was again before the body, Mr. Trout
offering the following for its second reading and final adoption:
(#26449) AN ORDINANCE permanently vacating, discontinuing and closing
portions of Harrison Avenue, N. E., and Third Street, N. E., in the City
of Roanoke, Virginia, as are more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 48, page 32.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey and
Vice-Mayor Musser ......................................................... 6.
NAYS: None .......................................................... O.
(Mayor Taylor was absent.)
ZONING: Ordinance No. 26450 amending the City Code to revise the
City's regulations pertaining to the review of site plans, having previously
been before the Council for its first reading on Monday, April 11, 1983,
read and adopted on its first reading and laid over, was again before the
body, Mr. Trout offering the following for its second reading and final
adoption:
(#26450) AN ORDINANCE amending subsection (b) of Section 36-10 and
Sections 36-297, 36-519 and 36-520 of Chapter 36, Zoning, Code of the City
of Roanoke (1979), as amended, in order to revise the City's regulations
pertaining to the review of site plans.
(For full text of Ordinance, see Ordinance Book No. 48, page 33.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey and
Vice-Mayor Musser ......................................................... 6.
NAYS: None ............................................................ 0.
(M~yor Taylor was absent.)
APPALACHIAN POWER COMPANY-EASEMENTS: Ordinance No. 26451 authorizing
execution of an indenture with Appalachian Power Company establishing new
public utility easements on the southerly end of the Civic Center parkimg
lot, having previously been before the Council for its first reading on
Monday, April 11, 1983, read and adopted on its first reading and laid
over, was again before the body, Mr. Trout offering the following for its
second reading and final adoption:
(#26451) AN ORDINANCE authorizing and directing the proper City
officials to execute and deliver a deed of easement to the Appalachian
Power Company.
(For full text of Ordinance, see Ordinance Book No. 48, page 38.)
6O2
ACTION:
ACTION:
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey and
Vice-Mayor Musser ........................................................ 6.
NAYS: None ........................................................... 0.
(Mayor Taylor was absent.)
ACTS OF ACKNOWLEDGEMENT-CITY GOVERNMENT: Mrs. Bowles offered the
following Resolution expressing the sympathy and condolences of the Roanoke
City Council and the people of Roanoke to the Council of Kisumu and to the
people of Kisumu on the tragic death of His Worship, Mayor Ezra O. Gumbe:
(#26473) A RESOLUTION expressing the sympathy and condolences of
Roanoke City Council and the people of Roanoke to the Council of Kisumu and
to the people of Kisumu on the tragic death of His Worship, Mayor Ezra O.
G~be.
(For full text of Resolution, see Resolution Book No. 48, page 46.)
Mrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey and
Vice-Mayor Musser ........................................................... 6.
NAYS: None ............................................................ 0.
(Mayor Taylor was absent.)
FIRE DEPARTMENT-ACTS OF ACKnOWLEDGEMENT-LIFE SAVING CREWS: Council
having previously instructed the City Attorney to prepare the proper measure
commending those Fire Department and rescue squad personnel who were involved
in rescue efforts at the recent foundry accident, he presented same; whereupon,
Mrs. Bowles offered the following Resolution:
(#26474) A RESOLUTION commending those Fire Department and rescue
squad personnel who were involved in rescue efforts at the recent foundry
accident.
(For full text of Resolution, see Resolution Book No. 48, page 46.)
Mrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey and
Vice-Mayor Musser .......................................................... 6.
NAYS: None ........................................................... 0.
(Mayor Taylor was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
FIRE DEPARTMENT: Mr. Harvey raised the question as to whether or not
the administration has given consideration to relocating the current downtown
fire station (Fire Station No. 1) to either the Willi=m~on Road Parking
Garage or the Transportation Center on Campbell Avenue; whereupon, the
Assistant City Manager advised that the City Manager has made no firm
decision to recommend to Council that the No. 1 Fire Station will be closed,
and, at this point, all options are open for consideration.
Mr. Trout questioned whether or not the City will be able to continue
using Fire Station No. 1 for firefighting purposes inasmuch as the City
received grant funds from the Federal Government for restoring the building
when it was designated as a historic landmark; whereupon, the City Attorney
advised that he will research the matter and advise Council accordingly.
ACTION:
ACTION:
603
Mr. Harvey requested that the City Manager investigate the possibility
of putting a fire station in the Williamson Road Parking Garage or in the
Transportation Center on Campbell Avenue.
Mr. Trout advised that the City is still leasing a building for a fire
station in the annexed area off Lee Highway, and requested that the City
Manager investigate the feasibility of constructing a permanent fire station
in this area, with the inclusion of a community room.
OTHER HEARINGS OF CITIZENS:
INDUSTRIES-ECONOMIC DEVELOPMENT COMMISSION: The City Manager submitted
a written report advising that Council authorized the award of the base bid
contract for the partial site grading for the Roanoke Centre for Industry
and Technology on March 7, 1983, to J & H Grading Company, Inc., in the
amount of $156,464.00; that bids for alternate work (grading additional
areas of the Cooper site) and refuse relocation were received in the same
bid; that final site plan for the Cooper plant calls for the building site
to be shifted and the plant and lot size to be larger than anticipated in
the original grading plan; that commitment to award an alternate contract
to J & H Grading Company, Inc., was made by Council at the March 7, 1983,
meeting subject to HUD approval of UDAG, and HUD provided funding and grant
conditions; that Change Order No. 1, issued to J & H Grading Company, Inc.,
on April 18, 1983, changed some of the grading and access road to refuse
relocation, and the award of the alternate would include the completion of
these items; that actual contract cost for completing the partial site
grading for Cooper, the access road, and refuse relocation and for constructing
a berm as requested by Cooper on adjoining City property from excess topsoil
is $439,328.00, and this amount has been verified as accurate and consistent
with the original bid of J & H Grading through an analysis of the actual
working papers prepared for the original site layout and the final site
plant; and the UDAG is that the Release of Funds certification from HUD was
issued on April 9, 1983.
The City Manager recommended execution of a contract with J & H
Grading Company, Inc., in the amount of $439,328.00 for the completion of
the partial site grading for the Roanoke Centre for Industry and Technology,
the access road and refuse relocation and for constructing a berm requested
by Cooper on adjoining City property from excess topsoil; that Council
appropriate from the Undesignated Fund Balance of the Capital Projects Fund
$439,328.00 into an account to be designated by the Director of Finance,
and these funds will be eligible for UDAG expenditures when grant funds are
available for appropriation.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#26475) AN ORDINANCE to amend and reordain certain sections of the
1982-83 Capital Projects Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 47.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey and
Vice-Mayor Musser ......................................................... 6.
NAYS: None ........................................................... O.
(Mayor Taylor was absent.)
Mr. Trout offered the following emergency Ordinance:
(#26476) AN ORDINANCE accepting a bid and awarding a contract for
partial site grading for the Roanoke Centre for Industry and Technology;
authorizing the proper City officials to execute the requisite contract;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 48.)
6O4
ATTEST:
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey and
Vice-Mayor Musser ...................................................... 6.
NAYS: None .......................................................... O.
(Mayor Taylor was absent.)
There being no further business, the Vice-Mayor declared the meeting
adjourned at 3:50 p.m.
City Clerk
APPROVED
Vice-Mayor
SPECIAL SESSION ..... ROANOKE CITY COUNCIL
May 2, 1983
8:00 a.m.
605
The Council of the City of Roanoke met in special session in the City
Council Chamber, fourth floor of the Municipal Building, City of Roanoke, on Monday,
May 2, 1983, at 8:00 a.m., with Mayor Noel C. Taylor presiding.
PRESENT: Council members Elizabeth T. Bowles, Wendell H. Butler, Robert A.
Garland, James G. Harvey, II, Howard E. Musser, James O. Trout and Mayor Noel C.
Taylor ............................................................................. 7.
ABSENT: None ............................................................ O.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. W. Robert Herbert,
Assistant City Manager; Mr. Joel M. Schlanger, Director of Finance; and Ms. Mary F.
Parker, City Clerk.
The invocation was delivered by Mayor Taylor.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Taylor.
The City Clerk read the following letter calling the special meeting of
Council:
"April 29, 1983
Mayor Noel C. Taylor and Members
of Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
This is to remind you that pursuant to action of Council
taken at its regular meeting on Monday, April 4, 1983,
Council will hold a special meeting on Monday, May 2,
1983, at 8:00 a.m., in the Council Chamber with regard to
the following matters:
Public hearing on the real estate tax rate for fiscal year
1984.
Public hearing on the 1983-84 City Budget, including pro-
posed use of Federal Revenue Sharing funds.
Sincerely,
S/ Mary F. Parker
Mary F. Parker, CMC
City Clerk
CC:
Mr. H. B. Ewert, City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Joel M. Schlanger, Director of Finance
Mr. William L. Brogan, Municipal Auditor
Mr. James L. C. McKenzie, Director o~ Real Estate Valuation"
BUDGET-TAXES: The Mayor referred to a notice of public hearing which
was published in The Roanoke Times and World-News on Thursday, April 21,
1983, advising that the Council will hold a public hearing on Monday,
May 2, 1983, at 8:00 a.m.; to hear citizens' comments on the real estate
tax rate for fiscal year 1984; that City Council will not establish the
real estate tax rate for fiscal year 1984 until after fully discussing the
proposed fiscal year 1984 budget and after holding the public hearing.
606
For informational purposes, he called the attention of Council to the
following:
As a direct result of the annual reassessment of property, it
is estimated that revenues from the property tax will increase
in fiscal year 1984 only due to increased property values,
not due to any increase in the real estate tax rate. To
compute the estimated fiscal year 1984 real estate tax levy,
the current $1.35 tax rate and the reassessed property values
were used in the calculation. A comparison of the consumer
price index since the last reassessment twelve months ago
compares favorable with the estimated increase in the real
estate tax levy:
Consumer Price Index Increase
3.87%
Real Estate Tax Levy Increase
2.15%
No tax rate increase is anticipated. In fact, the City's
recent tax rate history per $100 assessed value has been as
follows:
1977 - $1.64
1978 - 1.60
1979 - 1.50
1980 - 1.46
1981 - 1.46 (Short Tax Year of January 1, 1981 -
June 30, 1981)
1982 - 1.38
1983 - 1.35
Actual changes in the individual real estate tax liability
that would be effective July 1, 1983, are based on two items:
(1) the actual change in the assessed value of the property
after any adjustments: (2) the actual real estate tax rate
which will be established by the City Council before July 1,
1983.
(See notice of public hearing on file in the City Clerk's Office.)
The Mayor inquired if there were citizens present who would like to
address the Council concerning the real estate tax.
No citizen expressed a desire to address Council regarding the matter.
Following comments by each member of Council, the Mayor advised that
it is the consensus of Council that the real estate tax rate will remain at
its present level: $1.35 per $100.00 of assessed value.
BUDGET: The Mayor referred to a notice of public hearing which was
published in The Roanoke Times and World-News on Thursday, April 21, 1983,
advising that Council will hold a public hearing on Monday, May 2, 1983, at
8:00 a.m., in the Council Chamber on the 1983-84 City Budget. He advised
that all persons will be afforded an opportunity to speak and ask questions
concerning all aspects of the budget, including proposed use of Federal
Revenue Sharing funds.
(See notice of public hearing on file in the City Clerk's Office.)
Mr. R. E. Carlisle, Police Officer, appeared before Council and asked
if the member of Council had any objections if he addressed them in uniform;
whereupon, the Mayor advised that there were no objections on the part of
Council.
Mr. Carlisle advised that after carefully reviewing the City Manager's
recommended budget for fiscal year 1983-84, the members of the International
Brotherhood of Police Officers agree that the City of Roanoke is in good
financial condition; that the recommendation for a 3% pay increase for City
employees in itself is degrading and it is also unfair when one considers
607
that the City allowed a 6% pay increase for Valley Metro employees to be
negotiated for the coming year when threatened by a strike at the beginning
of the present fiscal year, and to allow this would be the same as saying
that there is an incentive of twice the pay when employees threaten to walk
off their Jobs.
He said police officers are disappointed that the proposed budget does
not include the educational incentive pay they requested in September,
although the self-improvements would make the City and it's citizens the
greatest benefactors in having a well-educated Police Department to deal
with the highest crime rate in the State of Virginia, and many cities, some
much smaller than Roanoke, realized long ago that the best tool against
crime is a well-educated Police Department.
Mr. Carlisle stated that it is believed there are ample funds to
provide for the needs of the city ~-mployees; that large surpluses have
become traditional in Roanoke and ~ould be looked at as a source for
funding needs of employees, rather than one time capital improvements.
In closing, Mr. Carlisle requested that Council remember their employees
when studying the proposed budget and be particularly mindful of the losses
suffered over the past years, and that Council take a step in the right
direction toward improving the employee's situation for the next fiscal
year.
(See statement on file in the City Clerk's Office.)
No other citizens expressed a desire to appear before Council with
regard to the 1983-84 fiscal year budget.
PENSIONS: The Mayor referred to a communication from Mr. H. Cletus
Broyles, President, Association of the City of Roanoke Retired Employees,
stating that he has been advised by the Director of Finance that it will
take approximately ten days before his office will have information rela-
tive to the question of reimbursement of contributions for those City
employees who retired before May 31, 1973. He said the Director of Finance
also informed him that a recommendation has already been made to the Coun-
cil to approve a 3% cost of living increase for retirees.
Mr. Broyles further advised that since his April 25, 1983, communica-
tion to the Council speaks for itself, he does not feel that there is
anything further he can add to the request at this time; however, he would
like to be notified when the question of the reimbursements of the contribu-
tions to the system is discussed.
(See communication on file in the City Clerk's Office.)
There being no further business, the Mayor declared the special meet-
ing adjourned at 8:55 a.m.
ATTEST:
City Clerk
APPROVED
Mayor
608
REGULAR WEEIO~Y SESSION ..... ROANOKE CITY COUNCIL
May 2, 1983
7:30 p.m.
The Council of the City of Roanoke met in regular meeting in the Auditor-
ium of the William Fleming High School on Monday, May 2, 1983, at 7:30 p.m., with
Mayor Noel C. Taylor presiding, pursuant to Section 10 of the City Charter, and
Chapter 2, Administration, Section 2-15, Rules of Procedure, of the Code of the City
of Roanoke (1979), as amended.
PRESENT: Council members Elizabeth T. Bowles, Wendell H. Butler, Robert A.
Garland, James G. Harvey, II, Howard E. Musser, 0ames O. Trout and Mayor Noel C.
Taylor ............................................................................. 7.
ABSENT: None ............................................................ O.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. W. Robert Herbert,
Assistant City Manager; Mr. Wilburn C. Dibling, Jr., City Attorney; Mr. Joel M.
Schlanger, Director of Finance; and Ms. Mary F. Parker, City Clerk.
The invocation was delivered by The Reverend Joe Lindsoe, Pastor, Melrose
Christian Church.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Taylor.
The Mayor presented a proclamation declaring May 7, 1983, as Unity Day in
the City of Roanoke.
(For full text, see proclamation on file in the City Clerk's Office.)
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be considered
by one motion in the forms listed on the Consent Agenda, and if discussion
is desired, that item will be removed from the Consent Agenda and considered
separately. He advised that included on the Consent Agenda is one request
for an Executive Session to discuss a matter of potential litigation, and
Dr. Butler has orally requested an Executive Session to discuss a personnel
matter.
MINUTES: Minutes of the regular meeting of Council held on Monday,
April 11, 1983, and the special meeting held on Thursday, April 14, 1983,
were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
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. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout
and Mayor Taylor ........................................................... 7.
NAYS: None ........................................................... 0.
COUNCIL: A report of the City Attorney requesting an Executive
Session to discuss a matter of potential litigation pursuant to Section
2.1-344 (a) (6), Code of Virginia (1950), as amended, was before Council.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
ACTION:
ACTION:
609
Mrs. Bowles moved that Council concur in the request to convene in
Executive Session to discuss a matter of potential litigation pursuant to
Section 2.1-344(a) (6), Code of Virginia (1950), as emended. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout
and Mayor Taylor .......................................................... 7.
NAYS: None .......................................................... 0.
PENDING ITEMS: A list of items pending from July 10, 1978, through
April 25, 1983, was before Council.
(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. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout
and Mayor Taylor .......................................................... 7.
NAYS: None ..........................................................
COUNCIL: Council member Butler orally requested that Council meet in
Executive Session to discuss a personnel matter pursuant to Section 2.1-
344 (a) (1), Code of Virginia, 1950, as amended.
Mrs. Bowles moved that Council concur ~n the request to convene in
Executive Session to discuss a personnel matter pursuant to Section 2.1-
344 (a) (1), Code of Virginia, 1950, as amended. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout
and Mayor Taylor .......................................................... 7.
NAYS: None .......................................................... 0.
REGULAI% AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
ECONOMIC DEVELOPMENT-MISCELLANEOUS: Mr. Ramadan M. Ya-Sin, repre-
senting the American Muslim Mission Center, appeared before Council and
advised that the American Muslim Mission, under the leadership of Imam
Warith Deen Muhmmmad, has developed a program designed to insure economic
dignity and justice to the common people; that the instrument for the
structuring of this endeavor is called the American Muslim Mission Co~mnit-
tee to Purchase 100,000 Co~odities Plus and the Chairman of this committee
is Samuel Ayyub Bilal. He stated that on June 5, 1983, the Roanoke AMMCOP
Chapter will host the first AMMCOP Fashion Show and Banquet; that world
leader, Imam W. Deen Mub~mmad, has been confirmed as the keynote speaker
and the event will take place at the William Fleming High School at 4:30 p.m.
Mr. Ya-Sin explained that the AMMCOP concept is to collectively
utilize the efforts of over three million Muslims in America and other
persons to purchase goods directly from the manufacturers, and this
activity should place AMMCOP in a position to enjoy the same low prices as
major chain stores. He said this fashion show is the first in a series
that will serve to introduce AMMCOP fashions to the community and persons
will be modeling apparel for men, women and children that will be available
to the public, with the ultimate purpose being to produce a product that
will provide an alternative to name brand garments, while creating economic
development opportunities for the indigent.
Mr. Ya-Sin requested that City Government leaders welcome Mr. Imam W.
Deen Mub~mmad to Roanoke on June 5, 1983.
ACTION: Dr. Butler moved that Mr. Ya-Sin's remarks be received and filed. The
motion was seconded by Mr. Garland and unanimously adopted.
10
ACTION:
COMPLAINTS-SEWERS A~D STORM DRAINS: Mr. and Mrs. Lee R. Altice,
2515 Dalton Boulevard, N. E., appeared before Council and presented a
petition signed by approximately 25 residents of the Daleton Boulevard
area requesting that Council take the necessary action to completely
eliminate the drainage problem on Daleton Boulevard resulting from improper
drainage from Statesman Industrial Park.
(For full text, see petition on file in the City Clerk's Office.)
Mr. and Mrs. Altice also presented photographs of existing condi-
tions.
Mr. Thomas F. Brady, Director of Public Works, advised that this
particular situation is a borderline case as to whose responsibiilty it
is; that the property was annexed to the City in 1976; that it is surface
water and not a problem with the drainage system; that the original
drainage shed which was above the Altice's home was approximately 200
acres; that when the Statesman Industrial Park was constructed, it was
reduced to approximately 81 acres actually flowing to the Altice's pro-
perty; that the acreage is concentrated by topography and not in a chan-
nel, and it releases at the end of Daleton Boulevard. He said there have
also been problems relative to septic tanks where the water accumulates,
and the City is providing property owners with costs estimates on a City/
property-owner shared sewer extension policy.
Mr. Brady said that water which is collected and dumped on the pro-
perty of another is a civil matter; however, the City needs to study the
problem as a future project, and determine what the City's approach will
be.
Mr. Garland moved that the matter be referred to the City Manager for
study, report and recommendation to Council, and to the City Attorney for
report as to the question of civil action as referred to by Mr. Brady.
The motion was seconded by Mr. Trout and unanimously adopted.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
TAXES: The City Manager submitted a written report advising that a
service charge may be imposed and collected on certain tax-exempt property
by the governing body of any county, city or town as outlined in Section
58-16.2 of the Code of Virginia (1950), as amended; that a service charge
rate cannot exceed 20% of the real estate tax rate, or $.27 per $100
valuation, and must be based on the amount which the locality expended
during the preceding year for fire and police protection, refuse collec-
tion and public education; that these expenditures are divided by the
total assessed fair market value of all real estate within the locality,
excluding real estate owned by the Federal Government, to determine the
service charge rate applicable; and Friendship Manor Apartment Village
Corporation has already voluntarily agreed to pay a service charge, in
the amount of five per cent of the real estate tax levy against real
property of the Corporation which would be paid if the Corporation were
not exempt from such taxation (the equivalent of $.0675 per $100 valuation).
The City Manager advised that the total revenue received from levying
a service charge on eligible tax-exempt properties, excluding Friendship
Manor Apartment Village, in the amount of 5% of the existing real estate
tax rate, or $.0675 per $100 valuation, would be approximately $5,000; and
total revenue received from levying a voluntary service charge on tax-
exempt properties, excluding City of Roanoke property, Federally-owned
property, State-owned property and regionally-owned property, in the
amount of 5% of the existing real estate tax rate, or $.0675 per $100
valuation, would be a maximum of approximately $75,000, and if church/
religious properties are excluded, the total would be reduced to a maximam
of approximately $43,500.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
ACTION:
611
Mrs. Bowles moved that the report be received and filed.
was seconded by Dr. Butler and unanimously adopted.
The motion
ITEMS RECOMMENDED FOR ACTION:
REPORTS OF CONSULTANTSWATER DEPARTMENT: The City Manager submitted a
written report advising that the Boxley Hills Pump Station was constructed
in 1972 as an in-line booster station on the 36-inch major transmission
water line from Carvlns Cove Filter Plant to downtown Roanoke, and the 25
million gallon per day pump is used to boost water to the City Farm's two
million gallon underground reservoir on the hill above Virginia Western
Community College on the south side of the City; that a back-up pump
suction well with associated suction and discharge piping, control panel
space and telemetry circuits were installed in the original construction
for ease of installation of the second back-up pump when water demand
increased to require the installation; that the water dmmand has increased
to the point requiring installation of a back-up pump, and if the single
pump would fail now, the City would be unable to keep adequate water in
the City Farm Reservoir and thousands of consumers at higher elevation on
the south side of the City would be without water for domestic use and for
fire protection.
The City Manager pointed out that the back-up pump was approved in
the current fiscal year 1982-83 budget; that Alvord, Burdick and Howson
designed the Boxley Hills Pump Station and a proposal was solicited from
them to provide the plans and specifications for the back-up pump; that
they were selected because of their expertise, familiarity with the pro-
ject and the back-up pump must match the already-installed suction well
and control system; that Alvord, Burdick and Howson's proposal is to
provide the plans and specifications at a total cost of $6,600.00, and
they will provide a one-trip, on-site final inspection for an additional
$1,600.00.
The City Manager recommended that Council authorize him to enter into
a contract with Alvord, Burdick and Howson to provide engineering services
for plans, specifications and final inspection for installation of a back-
up 25 MGD pump in the Boxley Hills Pump Station, proceed with advertising
and taking bids for purchase of the pump, and for installation of the
p~p with associated piping, valve and controls.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#26477) AN ORDINANCE authorizing execution of a contract with
Alvord, Burdick & Howson, Engineers, of Chicago, Illinois, to provide
plans and specifications and final inspection for installation of a back-
up 25 MGD pomp in Boxley Hills Pump Station; authorizing the City Manager
to proceed with advertising and taking bids for the purchase and installation
of the pump with associated piping, valve and controls; and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 49.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout
and Mayor Taylor .......................................................... 7.
NAYS: None ............................................................ O.
AIRPORT: The City Manager submitted a written report advising that
Council by Ordinance No. 25792 authorized the acquisition of four noise
impacted parcels around the airport using 100% City funds; that grant
amendments to ADAP 09 and ADAP 12 have allowed reimbursement of two of the
four parcels; and Council, by Ordinance No. 26173, authorized the acquisition
of a 0.624 acre parcel along Dent Road.
612
Hr, Ewert further advised that the FAA has made a grant offer for 80%
of eligible project cost with a maximu~ obligation of $211,200.00 and
this will allow reimbursement for all parcels that were purchased using
City funds.
The City Manager recommended that the City Manager or the Assistant
City Manager be authorized to execute FAA Grant AIP 3-51-0045-03; that
timing of the grant must be accepted and executed by May 13, 1983; and
reimbursement of 80% of eligible project cost, with a maximum obligation
of $211,200.00, will be received for a project that was funded using 100%
City funds.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
Mr. Harvey offered the following Resolution:
(#26478) A RESOLUTION accepting a grant from the United States of
America for partial reimbursement of expenses incurred in the acquisition
of properties in the vicinity of Roanoke Municipal Airport, Woodrum Field,
and authorizing the proper City officials to execute the City's acceptance
of the aforesaid grant agreement and collateral documents.
(For full text of Resolution, see Resolution Book No. 48, page 50.)
Mr. Harvey moved the adoption of the Resolution. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout
and Mayor Taylor ....................................................... 7.
NAYS: None ......... 0.
EASEMENTS-SEWERS AND STORM DRAINS: The City Manager submitted a
written report advising that Council, by Ordinance No. 25692, authorized
the design of approximately 30 neighborhood storm drain projects to be
funded by the Bond Issue approved by the voters in 1979; that the design
projects identified approximately 100 easements across private property
that had to be acquired prior to installing the storm drains; that the
City Charter, Section 21, requires the City Manager to acquire easements
for nominal consideration, and if consideration exceeds nominal, then
approval of Council is required for acquisition of easements.
The City Manager advised that approximately 30 of the needed ease-
ments have been acquired to date through donations by property owners, and
an additional 34 property owners have agreed to donate the necessary
easements; that some property owners have refused to donate easements
across their property necessitating the purchase of those easements and to
date ten have refused; that appraisals, by independent real estate appraisers,
have been made of those properties and offers based upon those appraisals
made to the property owners and additional refusals to donate are expected
before all the projects are completed; and, in at least two cases, offers
based upon appraisals have been refused, and in these and possibly future
cases, the City may have to resort to condemnation to acquire the necessary
easements.
The City Manager recommended that the Administration be authorized to
acquire ten easements needed for the Bond Issue Storm Drain Projects by
purchase or through condemnation, if necessary, from the following persons:
Patricia Ann Hodge
Vilena H. Powell
Lillian H. Hoqell
Ethel M. French
A. J. & Shirley J. Lafferty
M. J. & O. M. Greene
Rosine J. Brogan
A. F. Hoback, et. al.
D. M. & Irene E. Whitmore
H. W. & Melba P. DeWease
(For full text, see report on file in the City Clerk's Office.)
ACTION:
ACTION:
ACTION:
613
Mrs. Bowles offered the following emergency Ordinance:
(#26479) AN ORDINANCE directing and providing for the acquisition of
ten easements in land wanted and needed by the City for the construction
of certain bond issue storm drain projects within the City; fixing the
consideration offered to be paid by the City for each said easement and
other terms and provisions of such acquisition; providing for the City's
acquisition of said easements by condemnation, under certain circumstances;
authorizing that the City make motion for the award of a right-of-entry on
each or any of said properties for the purpose of commencing its work of
improvements; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 50.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout
and Mayor Taylor ....................................................... 7.
NAYS: None ....................................................... 0.
LIBRARIES-GRANTS: The City Manager submitted a written report with
regard to Change Order No, 2 for the Roanoke City Central Library Addition,
with Days Construction Company, advising that the contractor was required
to remove fluorescent fixtures in areas of the existing building that were
to be remodeled, perform the required remodeling of the area including a
new accoustical ceiling, and then the reinstallation of the existing
fixtures; that the existing fluorescent fixtures were removed and it was
discovered that over one-third of the fixtures were beyond their economical
life and needed to be replaced, and other fixtures will probably need
replacement in the near future.
The City Manager recommended issuance of Change Order No. 2 to the
contract with Days Construction Company, for the sum of $13,235.00 for
fluorescent fixture replacement; advising that there will be no change in
the amount of contract time; that funding will come from the project
contingency account number A08180191365; that total amount of the contract
with Days Construction Company will then become $1,939,326.82, and construc-
tion time will remain at 540 consecutive calendar days.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler offered the following emergency Ordinance:
(#26480) AN ORDINANCE approving the City Manager's issuance of
Change Order No. 2 to the City's contract with Days Construction Co., for
work on the Roanoke City Central Library Addition; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 52.)
Dr. Butler moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout
and Mayor Taylor ........................................................... 70
NAYS: None .......................................................... 0.
EQUIPMENT-CITY INFORMATION CENTER: The City Manager having previous-
ly submitted a written report in connection with a report of the Bid
Comittee concerning the purchase of computer hardware, the City Manager
orally requested that the item be withdrawn from the agenda; whereupon,
Mr. Garland moved that Council concur in the request, The motion was
seconded by Mr. Harvey and unanimously adopted.
614
ACTI ON:
ACTION:
ACTION:
EQUIPMENT-PUBLIC WORKS: The City Manager having previously submitted
a written report in connection with a report of the Bid Committee concerning
the purchase of truck cab and chassis, aerial tower and bucket, complete
with hydraulic tools, the City Manager orally requested that the report be
withdra~n from the agenda; whereupon, Mr. Garland moved that Council
concur in the request. The motion was seconded by Mr. Harvey and unanimous-
ly adopted.
REPORTS OF COMMITTEES:
SEWERS AND STORM DRAINS: Council member Robert A. Garland, Chairman
of the committee appointed by the Mayor to study bids received for Bond
Issue Storm Drain Project XI, Roanoke Avenue, S. W., and Collingwood and
Whittaker Avenues, N. E., submitted a written report of the committee
recommending that the proposal of Ray Sink Plumbing and Heating, in the
amount of $239,144.45, be accepted; that all other bids be rejected; and
that the Director of Finance be authorized to transfer the following
amount from existing Bond Issue Storm Drain Account No. A08310172702 to
Storm Drain No. XI Account No. A08220192800 ($239,144.45 contract and
$20,855.55 contingency.)
(For full text, see repo~c on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#26481) AN ORDINANCE to amend and reordain certain sections of the
1982-83 Capital Projects Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 52.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout
and Mayor Taylor ........................................................... 7.
NAYS: None ........................................................... O.
Mr. Garland offered the following emergency Ordinance:
(#26482) AN ORDINANCE accepting a bid and awarding a contract for
storm drain work; authorizing the proper City officials to execute the
requisite contract; rejecting certain other bids made therefor; and provid-
ing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 53.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout
and Mayor Taylor ............................................................ 7.
NAYS: None ............................................................ O.
AUDIT COMMITTEE: Council member James G. Harvey, II, Chairman of the
Audit Committee, presented minutes of a meeting of the Committee held on
April 25, 1983, advising that the Committee held an Executive Session to
discuss a matter involving the performance of a public officer pursuant to
Section 2.1-344 (a) (1), Code of Virginia (1950), as amended, and also
involving the terms and conditions of contracts to be negotiated pursuant
to Section 2.1-344 (a) (6), of the Code of Virginia (1950), as amended;
that in open session, the Cu~ittee reviewed the proposed procedures for
negotiating Civic Center fees and charges and approved the controls
incorporated in the procedures; and the Committee asked the City Attorney
to prepare the proper ordinances for Council to authorize Civic Center fee
negotiations as stated in the procedures.
(For full text, see minutes on file in the City Clerk's Office.)
615
ACTION:
ACTION:
ACTION:
Mr. Harvey moved that the minutes be received and filed. The motion
was seconded by Mr, Musser and unanimously adopted.
SALE/PURCflASE OF PROPERTYINDUSTRIES-ECONOMIC DEVELOPMENT COMMISSION:
Council member .lames O. Trout, Chairman of the Economic Development Co~is-
sion, presented a written report of the Commission advising that the
Commission was given the charge of finding potential sites in the City of
Roanoke that might be available for economic development for the next
twenty to thirty years; that Roanoke Centre for Industry and Technology,
a 153 acre park in the City of Roanoke, is the result of the Commission's
hard and dedicated work to date; that Cooper Mining and Construction's
development project in the Roanoke Centre for Industry and Technology,
plus that land in the Centre to be dedicated to roads, utilities and
buffers leaves only about 55% of the original park for additional develop-
ment, and recognizing this, the Commission looked for additional lands
adjacent to the Centre that would allow for continued future development;
and option for 146 acres adjacent to the Centre for Industry and Technology
has been secured by the Commission.
Mr. Trout advised that the Commission at its April 27, 1983, meeting,
voted unanimously to recommend to Council to authorize the option agreement
for the 146-acre Goss property adjacent to the Roanoke Centre for Industry
and Technology, with terms of the option agreement being as follows:
146.4 acres at a total purchase price of $965,000
Payment for the land would be under the following conditions:
$5,000 due upon execution of the option
$25,000 due upon exercise of the option
$185,000 due at closing (closing must be on or before
September 30, 1983)
$750,000 due over five-year period to be paid in five equal
installments of $150,000 beginning on or before September 30,
1984, and to be paid in the month of September each year
thereafter. A 7% annual interest rate will be charged
against the principal balance.
No pre~payment penalty
Execution of the option must take place by May 15, 1983
City obtains the right prior to closing to inspect the premises
for the purpose of surveying the property and making tests and
borings to determine the development potential of the property.
It was advised that two parcels make up the 146.4 acres to be optioned (86
acres - tax no. 7240101 and 60.4 acres - tax no. 7280101); and all ease-
ments, rights-of-way, and water rights, will go with this property.
Mr. Trout recommended that the Mayor be authorized to execute the
option agreement for approximately 146.4 acres adjacent to the Roanoke
Centre for Industry and Technology, and to exercise such agreement and
close in accordance with its terms and conditions; appropriate $965,000
from the undesignated capital funds account within the capital projects
fund for execution of the option and $15,000 to be used for subsurface
testing, surveying, insurance and other necessary costs to secure the
land, for a total of $980,000.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the Mayor be authorized to enter into the option
agreement and to exercise such agreement in accordance with its terms and
conditions. The motion was seconded by Mr. Musser and unanimously adopted.
616
ACTION:
ACTION:
Mr. Trout offered the following e~ergency Ordinance:
(#26483) AN ORDINANCE to amend and reordain certain sections of the
1982-83 Capital Projects Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 54.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mr. Musser and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Rarvey, Musser, Trout
and Mayor Taylor ............................................................ 7.
NAYS: None ............................................................ O~
Mr. Trout offered the following emergency Ordinance:
(#26484) AN ORDINANCE authorizing the City's entry into a certain
option agreement and for the exercise of such agreement, such agreement
relating to two parcels in this City identified as Official Tax Nos.
7240101 and 7280101, consisting of 86.0 acres and 60.4 acres, respectively;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 54.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout
and Mayor Taylor ............................................................. 7.
NAYS: None ............................................................ 0.
CIVIC CENTER: A report of the Roanoke Civic Center Commission advising
that Section 24-48, Authority, Code of the City of Roanoke (1979), specifical-
ly provides that the Roanoke Civic Center Commission shall be the policy
making arm of the Civic Center, and to that end, is delegated and shall
exercise authority to establish the schedule of fees, rentals, rates and
charges to be required for use of the Civic Center.
The Co~i~sion advised that major attractions touring the country are
demanding ceilings on facility fees and charges, and if rental rates, box
office commissions and equipment charges cannot be competitively negotiated,
the event bypasses the facility; that Civic Center rental rates are based
on a minimum rate or 12% of net sales, whichever is greater, and box
office commission is 3% of net sales up to two hours before show time;
that on June 9, 1981, the Civic Center Commission recormnended that the
Civic Center Manager be given the authority to negotiate rental rates with
a promoter, if necessary; and the Commission instructed the Civic Center
staff to draft a report on behalf of the Commission for the purpose of
reco~nending to Council that the Civic Center Manager be authorized, with
certain controls, to negotiate rental rates.
The Civic Center Commission recommended that Council authorize the
Commission to delegate authority to the Civic Center Manager, subject to
approval of the City Manager, to negotiate rent with booking agents and
promoters when it is deemed to be in the best interest of the City.
(For full text, see report on file in the City Clerk's Office.)
A report of the City Manager concurring in the recommendation was
before Council.
(For full text, see report on file in the City Clerk's Office.)
ACTION: Mr. Harvey offered the following emergency Ordinance:
ACTION:
ACTION:
ACTION:
617
(#26485) AN ORDINANCE amending and reordaining Section 24-26, Rates,
char~es and a~reement for use, and subsection (a) of Section 24-48,
Authority, Code of the City of Roanoke (1979), as amended, to authorize
the Roanoke Civic Center Commission to empower the civic center manager in
certain instances to vary from the rate schedule for use of the civic
center; repealing Ordinance Nos. 20686 and 20687, adopted January 29,
1973, establishing a schedule of rates and the form of contract for use of
the civic center; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 55.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout
and Mayor Taylor ........................................................... 7.
NAYS: None ........................................................... O.
Mr. Garland moved that the report of the City Manager be received and
filed. The motion was seconded by Mr. Harvey and unanimously adopted.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
ELECTIONS: Ordinance No. 26461 amending the City Code to provide for
the location of the voting place at the Depot Building of the Transporta-
tion Museum rather than at the entrance building of the museum, having
previously been before the Council for its first reading on Monday, April 25,
1983, read and adopted on its first reading and laid over, was again
before the body, Mr. Trout offering the following for its second reading
and final adoption:
(#26461) AN ORDINANCE amending and reordaining Section 10-68, Same--
Voting place, of the Code of the City of Roanoke (1979), as amended, to
provide for the location of the voting place at the Depot Building of the
Transportation Museum rather than at the entrance building of the museum.
(For full te~t of Ordinance, see Ordinance Book No. 48, page 48.)
Mr. Trout moved the adoption of the Ordinance. The motion was second-
ed by Dr. Butler and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout
and Mayor Taylor ........................................................... 7.
NAYS: None .......................................................... 0.
AIRPORT: Ordinance No. 26462 providing for an extension of the lease
by the City to Flight America, Inc., t/a Air Virginia, of office space in
Building No. 1 at Roanoke Municipal Airport, Woodrum Field, having pre-
viously been before the Council for its first reading on Monday, April 25,
1983, 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:
(#26462) AN ORDINANCE providing for an extension of the lease by the
City to Flight America, Inc., t/a Air Virginia of office space in Building
No. 1 at Roanoke Municipal Airport, Woodrum Field.
(For full text of Ordinance, see Ordinance Book No. 48, page 49.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, Trout
and Mayor Taylor ........................................................... 7.
NAYS: None ........................................................... O.
618
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIKIES AND[OR CO~F. NTS BY THE MAYOR AND MEMBERS OF COUNCIL:
ACTION:
COUNCIL: Council me~nber James G. Harvey, II, advised that this is
the last of the series of neighborhood Council meetings; that it is a
goodwill gesture on the part of Council to take the Council meetings to
the four quadrants of the City, and moved that the neighborhood City
Council meetings be continued on the same meeting schedule for 1983. The
motion was seconded by Dr. Butler and unanimously adopted.
SCHOOLS: The Mayor advised that the three year terms of Sharon G.
Duckwall and William E. Ingram as Trustees of the Roanoke City School
Board will expire on June 30, 1983; that Mrs. Duckwall and Mr. Ingram did
not choose to reapply for the position; and during the past several weeks,
Council has engaged in various actions set forth in the City Code with
regard to the selection of School Board Trustees.
The Mayor opened the floor for nominations for two vacancies on the
Roanoke City School Board.
Mrs. Bowles placed in nomination the name of Henry C. Emerson.
Mr. Harvey placed in nomination the name of Briggs W. Andrews.
Dr. Butler placed in nomination the name of Edwin R. Feinour.
Mr. Musser placed in nomination the name of Joyce L. Bailey.
There being no further nominations, Messrs. Andrews and Feinour were
elected as Trustees of the Roanoke City School Board for terms of three
years each, commencing July 1, 1983, and ending June 30, 1986, by the
following vote:
ACTION:
FOR MR. ANDREWS: Council members Butler, Harvey, Musser and Trout--4.
ACTION:
FOR MS. BAILEY: Council members Harvey, Musser and Trout ........... 3.
ACTION:
FOR MR. EMERSON: Council members Bowles, Garland and Mayor Taylor--3.
ACTION:
FOR MR. FEINOUR: Council members Bowles, Butler, Garland and Mayor
Taylor ................................................................... 4.
OTHER HEARINGS OF CITIZENS:
SEWERS AND STORM DRAINS: Mr. Kit B. Kiser, Director of Utilities and
Operations, appeared before Council and requested that the Administration
be authorized to engage the services of Aaron J. Conner, General Contractor,
to work with City forces on the 36" Roanoke River Sanitary Sewer Interceptor
which is partially blocked.
ACTION:
Mrs. Bowles moved that Council concur in the request. The motion was
seconded by Mr. Garland and unanimously adopted.
At 8:40 p.m., the Mayor declared the meeting recessed.
At 9:55 p.m., the meeting reconvened in the Auditorium of the William
Fleming High School, with Mayor Taylor presiding, and all members of the
Council present, with the exception of Council member Trout.
YOUTH SERVICES CITIZEN BOARD: The Mayor advised that the three year
terms of Sara W. Holland, Vanetta R. Stockton and Corinne B. Gott as
members of the Youth Services Citizen Board will expire on May 31, 1983,
and Council has requested that the City Clerk contact them to determine if
they are willing to serve another term.
There being no further business, the Mayor declared the meeting
adjourned at 9:55 p.m.
ATTEST:
City Clerk
APPROVED
Mayor
619
REGULAR WEEKLY SESSION ..... ROANOKg CITY COUNCIL
May 9, 1983
7:30 p.m.
The Council of the City of Roanoke met in regular meeting in the Council
Chamber in the Municipal Building, City of Roanoke, on Monday, May 9, 1983, at 7:30
p.m., the regular meeting hour, with Mayor Noel C. Taylor presiding, pursuant to
Section 10 of the Roanoke City Charter, and Chapter 2, Administration, Section 2-15,
Rules of Procedure, of the Code of the City of Roanoke, 1979, as amended.
PRESENT: Council members Wendell H. Butler, Robert A. Garland, James G.
Harvey, II, Howard E. Musser, James O. Trout, Elizabeth T. Bowles and Mayor Noel C.
Taylor ............................................................................ 7.
ABSE~NT: None ........................................................... O.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. W. Robert Herbert,
Assistant City Manager; Mr. Wilburn C. Dibling, Jr., City Attorney; Mr. Joel M.
Schlanger, Director of Finance; and Ms. Mary F. Parker, City Clerk.
The invocation was delivered by The Reverend G. Thomas Mustard, Pastor,
St. James Episcopal Church.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Taylor.
BID OPENINGS:
ACTION:
ACTION:
CITY PROPERTY-EQUIPMENT: Pursuant to notice of advertisement for
bids for the installation of new air conditioners at the City's Kirk
Avenue office building, said proposals to be received by the City Clerk
until 4:30 p.m., on Monday, May 9, 1983, 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 M~yor 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:
Southern Comfort, Inc.
Johnston-Vest Electrical Corp.
Bud Weaver Heating and Air
Conditioning Co.
$11,903.00
13,388.00
16,540.00
Dr. Butler moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to Coun-
cil. The motion was seconded by Mr. Harvey and unanimously adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman, Kit B. Kiser
and Thomas F. Brady as members of the committee.
PUBLIC HEARINGS:
ZONING: On Monday, March 14, 1983, Council held a public hearing on
the request of E. Ralph English, Jr., and Rita T. English that property
located on the northerly side of Belle Avenue, N. E., being all of Tract A,
consisting of 2.190 acres and all of Tract C, consisting of 1.133 acres of
re-subdivision of Idlewild Park, Official Tax Nos. 3320105 and 3410102,
be rezoned from RD, Duplex Residential District, to RG-1, General Residential
District, subject to certain proffered conditions.
620
ACTION:
Following the public hearing on March 14, in light of concerns expressed
by residents of the area regarding possible sewer and drainage problems,
lack of play areas, and incompatibility with the neighborhood, Council
referred the request for rezoning back to the City Planning Commission for
further study, report and recommendation. Council also requested that the
petitioners meet with residents in the surrounding area to explain the
proposed plans for rezoning.
Pursuant to Resolution No. 25523 adopted by Council at its regular meet-
ing on Monday, April 6, 1981, the City Clerk having set another public
hearing on the request to rezone the abovedescribed property from RD,
Duplex Residential District, to RG-1, General Residential District, on
Monday, May 9, 1983, at 7:30 p.m., or as soon thereafter as the matter may
be heard, in the Council Chamber, the matter was again before the body.
Legal advertisement of the public hearing was published in the evening
editions of The Roanoke Times and World-News on Friday, April 22, 1983,
and Friday, April 29, 1983.
(See publisher's affidavit on file in the City Clerk's Office.)
Dr. Butler moved that the following Ordinance be placed upon its
first reading:
(#26486) AN ORDINANCE to amend Sections 36-3 and 36-4, Code of the
City of Roanoke (1979), as amended, and Sheet Nos. 332 and 341, Sectional
1976 Zone Map, City of Roanoke, in relation to Zoning, subject to certain
conditions.
The motion was seconded by Mr. Harvey.
In view of the request of Council, the City Planning Counnission recon-
sidered the request for rezoning at its meeting on Wednesday, April 6, 1983;
whereupon, the Planning Commission submitted an additional written report
reco~ending that the request for rezoning be granted.
(For full text, see report on file in the City Clerk's Office.)
The City Attorney submitted a written report advising that during the
public hearing on the matter on March 14, 1983, a petition was filed with
Council by certain citizens and property owners who opposed the proposed
rezoning of the property. He advised that provisions of Section 62 (5) of
the Roanoke City Charter provides, in part, as follows with respect to
zoning amendments:
"Such regulations, restrictions, and boundaries may from
time to time be amended, supplemented, changed, modified or
repealed. In case, however, of a protest against such change
signed by the owners of twenty per centum or more either of
the area of the lots included in each proposed change, or of
those immediately adjacent in the rear thereof, or of those
directly opposite thereto, such amendment shall not become
effective except by the favorable vote of five-sevenths of
all the members of the Council."
The City Attorney advised that in reviewing the petition filed earlier
with the Council protesting the proposed rezoning, he has ascertained that
the protest petition contains the signatures of at least 11 of the owners
of the 25 lots immediately adjacent to the property to be rezoned; that of
the 11 lots "directly opposite" the parcels to be rezoned, th~ owners of 4
of them have signed the protest; that of the 11 lots immediately adjacent
in the rear of the parcels to be rezoned, the owners of 6 of them have
signed the protest; and the owner of one other lot adjacent to the side of
one of the parcels to be rezoned has signed the protest.
Mr. Dibling advised that it is fair to conclude that the owners of
over twenty per cent of the lots to the rear or opposite the petitioners'
property have validly signed the protest, thus requiring a favorable vote
of five-sevenths of all of the members of Council in order for the rezoning
to be approved.
(For full text, see report on file in the City Clerk's Office.)
621
Mr. Michael K. Smeltzer, Attorney, representing the petitioners,
appeared before Council and advised that the request was referred back to
the City Planning Co~ission for further consideration; that he appeared
before the Planning Commission on April 6, at which time all members of
the Planning Commission, with the exception of one, was present, and after
making his presentation, his clients received a unanimous recommendation
of the Planning Commission in favor of the requested rezoning.
Mr. Smeltzer advised that since he appeared before Council on March 14,
1983, and pursuant to the request of Council and the desire of his clients
to cooperate with the people in the neighborhood, his clients held a meeting
on April 4 to explain the purpose of the rezoning and the proposal to construct
townhouse units on the property in question. He said that all persons who
signed the petition in opposition to the rezoning, as well as other residents
in close proximity, were invited to attend the meeting.
Mr. Smeltzer reiterated that his clients would like to construct
forty townhouses for sale which will consist of mixed two and three bedroom
units on twenty foot wide lots, two stories high, selling in the range of
of $45,000.00 - $47,400.00.
Mr. Smeltzer reviewed in detail the proffered conditions for rezoning.
(See proffered conditions on file in the City Clerk's Office.)
Mr. William W. Terry, III, Attorney, representing Eden Springs Property,
owner of four duplexes on Belle Avenue, N. E., appeared before Council and
spoke in opposition to the requested rezoning for reasons of increased
traffic; concern that if the townhouses cannot be sold, they will be
turned into rental property; sewer and drainage problems; and lack of adequate
play areas. He referred to a petition signed by residents in the area in
opposition to the rezoning and stated that the petition sets forth the
sentiments of the residents, and asked that Council take the wishes of the
residents into consideration.
Mr. J. R. Richardson, Route 3, Box 121, Roanoke, Virginia, appeared
before Council and advised that he owns property in the area, and spoke in
opposition to the rezoning for reasons of increased traffic, sewer and drainage
problems, overcrowding of schools, lack of adequate play area, and a concern
that the townhouses will become rental property. He advised that the buffer
proposed by Mr. English is not acceptable to the residents because the
location of the property is on the apex of a hill that flattens out at the
top. He said if Council approves the rezoning, the citizens request that a
chain link fence be erected between the adjacent property on the north and
on the west for the entire length of the property.
With regard to the chain link fence above referred to by Mr. Richardson,
Mr. Harvey inquired if Mr. English is willing to comply with the request;
whereupon, Mr. English advised that he is willing to do whatever the City
deems necessary.
After discussion of the request by the members of Council, the follow-
ing vote was recorded on Ordinance No. 26486 on its first reading:
AYES: Council members Butler, Garland, Harvey, Musser, Trout, Bowles
and Mayor Taylor ......................................................... 7.
NAYS: None ......................................................... 0.
ZONING: Pursuant to Resolution No. 25523 adopted by the Council at
its regular meeting on Monday, April 6, 1981, the City Clerk having set a
public hearing for Monday, May 9, 1983, at 7:30 p.m., or as soon thereafter
as the matter may be heard, in the Council Chamber, on the request of Gus
E. Tomaras, that a tract of land containing 18,000 square feet, fronting
on Frontier Road and Yardley Drive, N. W., designated as Lots 3, 4 and 5,
Block 1, Yardley Square, Official Tax Nos. 2170503, 2170504 and 2170505,
be rezoned from RS-3, Single-Family Residential District, to C-2, General
Commercial District, subject to certain proffered conditions, the matter
was before the body.
622
Legal advertisement of the public hearing was published in the evening
editions of The Roanoke Times and World-News on Friday, April 22, 1983,
and Friday, April 29, 1983.
(See publisher's affidavit on file in the City Clerk's Office.)
ACTION:
Mr. Harvey offered the Ordinance rezoning the property. The motion was
seconded by Mrs. Bowles.
A report of the City Planning Commission recommending that the request
be denied inasmuch as development plans are incomplete, neighborhood
impact is considered negative without the benefit of more detail on the
site development, and traffic report from the City Engineer is negative in
terms of increased traffic volumes and congestion, which, at this location,
would be difficult to ameliorate, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Julian H. Rainey, Attorney, representing the petitioner, appeared
before Council and spoke in support of the request of his client, advising
that Mr. Tomaras would like to use the lots for construction of a small
commercial building. He said the lots have been vacant and are not appro-
priate for residential use; that his client will restrict access to the
property to the Frontier Road side so that there will be no additional
traffic in the residential area on the Yardley Drive side.
Mr. Rainey said one reason for denial by the City Planning Commission
was the additional traffic generated by the rezoning, advising that construc-
tion of a small commercial building will not increase traffic a great deal
more than would construction of residences. Another reason for the recommenda-
tion of denial by the City Planning Co~nission is that the City's Comprehensive
Plan is designed so that there will be no additional encroachment into
residential areas, noting that, it appears that since the three lots have
been vacant for over ten years, and since there is commercial property on
three sides, it will not be an actual encroachment into the residential area.
Mr. Earl B. Reynolds, Secretary of the City Planning Commission,
appeared before Council and advised that development plans as envisioned
by Mr. Tomaras were incomplete amd it is difficult for the City Planning
Commission and its staff to make a recommendation to Council based upon an
idea as opposed to something physical that can be measured against the
Comprehensive Plan, as well as other regulations that apply to this type
of development in the City. In regard to neighborhood impact, he advised
that the City Planning Commission is of the opinion that without any type
of plan to measure Mr. Tomara's concept against, to grant the rezoning
might conceivably, add to strip development as opposed to enhancing the
quality of the neigbhborhood. He referred to the traffic problem which
currently exists and which cannot be measured in terms of how well it can
be handled unless a project is available to measure it against.
Mr. Rainey advised that Mr. Tomaras proposes to construct a single
story brick building of approximately 3,500 square feet, separated into
two spaces, one for a small retail clothing store and the remaining space
to be used for Mr. Tomaras' office. At a later date, Mr. Tomaras would
like to construct an addition to the building in order to accommodate more
commercial space.
Mr. Rainey explained that he did not submit a specific site plan
to the City Planning Co~ission because he was given the impression that his
client could submit any site plan and the recommendation of the Planning
Commission would have been for denial because of the encroachment into a
· residential area.
ACTION:
Following discussion of the request for rezoning, Mr. Trout offered a
substitute motion that the matter be referred back to the City Planning
Commission for further study, report and recommendation to Council, and
that the petitioner be requested to submit a site plan for review by the
City Planning Commission. The motion was seconded by Mrs. Bowles and
unanimously adopted.
ACTION:
623
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the
Council at its regular meeting on Monday, April 6, 1981, the City Clerk
having set a public hearing for Monday, May 9, 1983, at 7:30 p.m., or as soon
thereafter as the matter may be heard, in the Council Chamber, on the
request of W. Robert Herbert, Assistant City Manager, representing the
City of Roanoke, that that portion of Church Avenue, S. W., which extends
approximately 200 feet west of Sixth Street, S. W.; the alley 110 feet
north of and parallel to Marshall Avenue, between Sixth and Seventh Streets,
S. W.; and the alley 180 feet west of and parallel to Sixth Street, S. W.,
between Church Avenue and the alley described above, be vacated, discontinued
and closed, the matter was before the body.
Legal advertisement of the public hearing was published in the
evening editions of The Roanoke Times and World-News on Friday, April 22,
1983, and Friday, April 29, i983.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Con~ission recommending that the request
be approved, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler moved that the following Ordinance be placed upon its
first reading:
(#26487) AN ORDINANCE permanently vacating, discontinuing and closing
a portion of Church Avenue, S. W., and two alleys, in the City of Roanoke,
Virginia, as are more particularly described hereinafter.
The motion was seconded by Mr. Garland.
No one wishing to address the Council with regard to the matter, the
following vote was recorded on Ordinance No. 26487 on its first reading:
AYES: Council members Butler, Garland, Harvey, Musser Trout, Bowles
and Mayor Taylor ......................................................... 7.
NAYS: None ......................................................... 0.
PLANNING-GRANTS: The Department of Economic Development and Grants having
advertised that a public hearing will be held before City Council on Monday,
May 9, 1983, at 7:30 p.m., or as soon thereafter as the matter may be
heard in the Council Chamber, to receive citizen input on the City's
proposed fiscal year 1983-84 Co,unity Development Block Grant budget,
the matter was before the body.
Legal advertisement of the public hearing was published in the evening
edition of The Roanoke Times and World-News on April 29, 1983.
(See publisher's affidavit on file in the City Clerk's Office.)
Mr. Brian R. Wishneff, Chief of Economic Development and Grants,
appeared before Council and presented a written report of the City Manager
recommending that Council adopt the Community Development Block Grant
budget, Final Statement of Community Development Objectives and Projected
Use of Funds, and Housing Assistance Plan as presented in accompanying
reports. He further recommended that Council authorize the Director of
Finance to reprogram previously appropriated but unspent funds in accordance
with the schedule outlined in an accompanying report; authorize the distribu-
tion of the fiscal year 1983 Community Development Block Grant entitlement
funds in accordance with the proposed budget as of July 1, 1983; authorize
the City Manager to execute the Final Statement of Community Development
Objectives and Project Use of Funds, and the H.A.P. for submission to
H.U.D.; and authorize the City Manager to execute contracts with the City
of Roanoke Redevelopment and Housing Authority and the Gainsboro Program
Area Co~nittee to implement the City's fiscal year 1983 Community Development
Block Grant Program, all contracts to he in a form acceptable to the City
Attorney and in the amounts specified in the proposed budget.
(For full text, see report and attachments on file in the City Clerk's Office.)
624
ACTION:
Mr. Musser offered the following Resolution:
(#26488) A RESOLUTION approving the proposed Fiscal Year 1983 Budget
for the Community Development Block Grant Program, the Final Statement of
Community Development Objectives and Projected Use of Funds and the Three-
year Housing Assistance Plan; authorizing the City Manager to execute the
Final Statement of Community Development Objectives and Projected Use of
Funds and the Housing Assistance Plan for submission to the United States
Department of Housing and Urban Development; and authorizing the City
Manager to enter into contracts with Roanoke Redevelopment and Housing
Authority and the Gainsboro Project Area Committee, Inc., to implement the
City's Fiscal Year 1983 Community Development Block Grant Program.
(For full text of Resolution, see Resolution Book No. 48, page 56.)
Mr. Musser moved the adoption of the Resolution. The motion was
seconded by Mr. Trout.
Mr. Hillary A. Lantz, 1022 Murray Avenue, S. E., appeared before
Council on behalf of the southeast area of the City and requested parking
and restroom facilities for Jackson Park, and advised that southeast
residents would like for provision to be made to keep cars out of Jackson
Park at night. He further advised of needed curb and gutter improvements
on llth Street from Murray Avenue to Highland Avenue, and stated that
southeast citizens feel they have not been treated as fairly as other
sections of the City.
The Reverend Kenneth B. Wright, Co-Chairman of the Gainsboro Program
Area Committee, appeared before Council and pointed out that in fiscal year
1982-83 $1,249,000.00 was appropriated for Gainsboro improvements, of
which $833,309.00 has been committed; however, the Committee is most concerned
that the City's proposed budget for Gainsboro for 1983-84 contains only
$601,941.82, and requested that Council urge the administrative staff to
consider the dilemma of the Gainsboro area and provide additional administrative
funds.
Mrs. Florine L. Thornhill, 819 Centre Avenue, N. W., representing the
Northwest/Gilmer Avenue area, appeared before Council and spoke in support
of the recommendation contained in the Community Development Block Grant
budget for her section of the City. She also spoke with regard to needed
improvements for Loudon Park.
Ms. Gretchen Notermann, 1209 Campbell Avenue, S. W., representing the
Mountainview Neighborhood Alliance, appeared before Council and expressed
concern over the sum of money included in the Community Development Block
Grant budget earmarked for industrial development, advising that the neighbor-
hoods were asked to submit a list of needs and industrial development was
not included on their list, and when it was learned that $900,000.00 is to
be included for industrial development in the 1983-84 Community Development
Block Grant budget, some of the neighborhood organizations were most concerned.
She said they do not agree that the money should be spent on industrial
development at the expense of the neighborhoods.
Mr. Robert R. Copty, 3009 Burnleigh Road, S. W., appeared before
Council and commended the members of Council and the City Administration
for their foresight on industrial development in the City of Roanoke,
advisiug that the emphasis in this area is producing results and the money
is being well spent.
There being no further citizens wishing to address the Council regarding
the matter, the following vote was recorded on Resolution No. 26488:
AYES: Council members Butler, Garland, Harvey, Musser, Trout, Bowles
and Mayor Taylor .......................................................... 7.
NAYS: None .......................................................... 0.
ACTION:
ACTION:
ACTION:
625
At 9:45 p.m., the Mayor declared the meeting in recess.
At 10:00 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all members of the Council present.
CONSENT AGENDA:
The Mayor advised that ali matters listed under the Consent Agenda are
considered to be routine by the members of Council and will be enacted by
one motion in the forms listed on the Consent Agenda, and if discussion is
desired, that item will be removed from the Consent Agenda and considered
separately. He advised that there are two requests for Executive Sessions
of Council included on the Consent Agenda to discuss personnel matters.
COUNCIL: A co~nunication from Council member Wendell H. Butler request-
ing an Executive Session to discuss a personnel matter, pursuant to Section
2.1-344 (a) (1), Code of Virginia (1950), as amended, was before the body.
(For full text, see co~m~unication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request to convene in
Executive Session to discuss a personnel matter pursuant to Section 2.1-344
(a) (1), Code of Virginia (1950), as amended. The motion was seconded by
Mr. Harvey and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Musser, Trout, Bowles
and Mayor Taylor ......................................................... 7.
NAYS: None ......................................................... 0.
TRAFFIC: A communication from Ms. Joan M. C,~mmings tendering her
resignation as a member of the Roanoke City Transportation Safety Commission,
advising that inasmuch as she is leaving the position of Executive Director
of the Roanoke Valley Safety Council on June 30, 1983, and being a resident
of Roanoke County, she does not feel that she has a right to be a member of
the Commission, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that the communication be received and filed and that
the resignation be accepted with regret. The motion was seconded by Mr.
Harvey and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Musser, Trout, Bowles
and Mayor Taylor .......................................................... 7.
NAYS: None .......................................................... 0.
TREASURER: A communication from Mr. Gordon E. Peters, Treasurer,
transmitting a statement of activity of the Treasurer's Office for April,
1983, was before Council.
(For full text, see statement on file in the City Clerk's Office.)
Mr. Trout moved that the statement be received and filed. The motion
was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Musser, Trout, Bowles
and Mayor Taylor .......................................................... 7.
NAYS: None .......................................................... 0.
COUNCIL: A communication from Mayor Taylor requesting that Council
meet in Executive Session to discuss a personnel matter pursuant to Section
2.1-344 (a) (1), Code of Virginia, (1950), as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
626
ACTION:
Mr. Trout moved that Council concur in the request to convene in
Executive Session to discuss a personnel matter pursuant to Section 2.1-344
(a) (1), Code of Vir$inia (1950), as amended. The motion was seconded by
Mr. Harvey and adopted by the followin$ vote:
AYES: Council members Butler, Garland, Harvey, Musser, Trout, Bowles
and Mayor Taylor .......................................................... 7.
NAYS: None .......................................................... O.
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
INTEGRATION-SEGREGATION-CITY EMPLOYEES: Ms. Evangeline B. Jeffrey,
President, Roanoke Branch NAACP, appeared before Council and advised that
on April 11, 1983, representatives of the Roanoke Branch NAACP appeared
before Council and requested that Council take measures to insure compliance
with the Affirmative Action Plan for municipal employees, which Affirmative
Action Plan was adopted by Council in August, 1977; that to date, no direct
response to their request has been received and they are apprehensive that
this urgent matter will be scuttled to the back burner in the face of other
matters being addressed by Council.
Ms. Jeffrey asked the following questions:
"(1) When will an independent, full time Affirmative Action
Officer be appointed by the City? and
(2)
What measures are being taken to ensure compliance with
and enforcement of the Affirmative Action Plan, including
but not limited to, the education of each Council-appoin-
ted officer and his subordinates as to their responsibi-
lities under the Affirmative Action Plan?"
(For full text, see co~unication on file in the City Clerk's Office.)
Mayor Taylor advised that speaking as one member of Council, he does
not feel that Council can address the entire matter at this time, advising
that the position of Personnel Manager is presently vacant and it is believed
that the vacancy will be filled within the next thirty days. He said it would
be his preference to have the permanent Personnel Manager on board and that a
committee composed of the Mayor, the City Manager, the Personnel Manager, a
representative of the NAACP and representatives of other concerned groups be
appointed to discuss matters and concerns relating to the Affirmative Action
Plan. He said he would be pleased to work with Ms. Jeffrey to that end in
an effort to bring a report back to the full City Council.
Ms. Jeffrey stated that it would be advantageous if a public forum is
set up inasmuch as issues to be discussed deal with matters of concern to
all persons and a private meeting would not be beneficial to those persons
wishing to learn more about the Affirmative Action Plan.
The Reverend Carl T. Tinsley, 2647 Springhill Drive, N. W., inquired
if the new Personnel Manager will also serve as the Affirmative Action
Officer, and if so, whom will he or she report to, what will be his or her
responsibilities, and which individua!/s will be held accountable for his
or her actions?
Mr. Acree Hayes, 1510 Grayson Avenue, N. W., appeared before Council
and advised that when the Affirmative Action matter surfaced in 1977, the
City had a Personnel Manager and an Affirmative Action Officer; that after
a period of time it was decided to consolidate the two positions into the
Personnel Manager and he is of the opinion that Ms. Jeffrey is trying to
impress upon the Council that the two offices should be separate and indepen-
dent of each other.
ACTION:
627
Mr. George E. Franklin, Jr., 1715 London Avenue, S. W., appeared
before Council and advised that the Affirmative Action Plan was adopted in
1977 and the City is still wrestling with the implementation of the Plan.
Re said that where there is a single person holding the two responsibilities
of Personnel Manager and Affirmative Action Officer, effectiveness is,
at best, questionable. He urged that if there is anyway possible, Council
should look into the matter of a separate position for the Affirmative
Action Officer.
Referring to jobs for minorities and others, Mr. George R. Heller, 322
Patton Avenue, N. W., appeared before Council and advised that in order
for the citizens of Roanoke to fully benefit from the relocation of Cooper
Industries to the City, and any other industries that might choose to
relocate in the Valley, the Roanoke City school system must be revamped.
He said that no one has said anything about developing a program of technical
education in the City, that when technical industries are brought in and people
are not trained to work in those industries, unemployment will remain; and one
of the mandates that City Council should give is not only to bring in new
industries and provide money for location and site improvements, but to see
that the City school system begins to train young people to fit into the
industries that are seeking to relocate in the Valley.
COMPLAINTS: Ms. Louisa J. Wilson, 2102 Brookside Lane, S. E., having
placed a communication on the agenda requesting to address Council with
regard to the existing condition of property located at 2126 Brookside
Lane, S. E., Ms. Wilson appeared before Council and advised that since
placing her communication on the agenda, the occupant at 2126 Brookside
Lane has proceeded to clear the property; therefore, Ms. Wilson refrained
from making any further remarks.
Mr. Harvey moved that the communication be received and filed. The
motion was seconded by Mr. Musser and unanimously adopted.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITE~IS RECOMMENDED FOR ACTION:
BUDGET-PARKS ~ PLAYGROUNDS-MARKET-CENTER-IN-THE-SQUARE: The City
Manager submitted a written report advising that providing information on
key Roanoke attractions to Interstate travelers has been a long term goal
of numerous organizations in the City; that the Roanoke Transportation
Museum took the lead in obtaining permission for such a sign; and authoriza-
tion for the signs came as a direct result of the Roanoke Transportation
Museum being designated as the official Transportation Museum for the
Commonwealth during the 1983 session of the General Assembly.
Mr. Ewert pointed out that size of the signs is to be 10' 6" tall and
23' wide, color of sign background will be brown; locations will be on the
northbound approach to 1-581 on the side of the roadway and on the southbound
approach to 1-581 on an overhead sign structure already existing; that
construction and installation of the signs will be by the Salem District of
the Virginia Department of Highways and Transportation; that the Highway
Department will have to be reimbursed for the full expense of the construc-
tion and installation, estimated to be $12,000.00; that contants of the
signs will be as follows:
ROANOKE
TPakNSPORTATION MUSEUM
HISTORIC FARMERS MARKET
CENTER IN THE SQUARE
NEXT LEFT (OR RIGHT)
628
ACTION:
ACTION:
The City Manager recom~ended that Council authorize him to notify the
Virginia Department of Highways and Transportation of the City's intent to
reimburse the Highway Department for the actual cost of the construction
and installation of the signs and of the City's approval of the content of
the signs; and authorize the reimbursement funding to come from the General
Fund Contingency Reserve Account No. A01941032006 with the Director of
Finance being authorized to set up the appropriate Capital Account.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#26489) AN ORDINANCE to amend and reordain certain sections of the
1982-83 General and Capital Projects Funds Appropriations, and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 57.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Musser, Trout, Bowles
and Mayor Taylor .......................................................... 7.
NAYS: None ......................................................... O.
MARKET-PARKING GARAGE-DOWNTOWN ROANOKE: The City Manager submitted a
written report in connection with Change Order No. 7, Market Square Parking
Garage, advising that Western Virginia Center for the Arts and Sciences
employed J. M. Turner and Co., Inc., as a construction manager for the
McGuire Building remodeling, and they reimbursed the City of Roanoke to
construct the shell for the Auditorium and Planetarium as part of the
Market Square Parking Garage construction contract; that the City's contractor
had one year to complete the Auditorium and Planetarium shell and then to
permit the McGuire Building contractor to enter the shell area to construct
the finishes in the area; that J. M. Turner and Co., Inc., is the contractor
being used to construct both the McGuire Building and the P~rket Square
Parking Garage; that the McGuire Building does not have a structural steel
subcontractor for their project while the Market Square Parking Garage does
have a structural steel subcontractor; and the Western Virginia Center for
the Arts and Sciences would like for the City of Roanoke to have their
structural steel subcontractor erect their structural steel in the shell
portion of the building and then reimburse the City for the actual work
performed.
The City Manager recommended that Council approve Change Order No. 7
to the contract with J. M. Turner and Co., Inc., for an addition of $15,343.00,
with total cost of addition to be paid by Western Virginia Foundation for
the Arts a~d Sciences upon three days written notice by the City; appropriate
$15,343.00 to the Cultural Center Parking Garage Account No. A05180190804
and increase the amount due from Western Virginia Foundation for the Arts
and Sciences for this amount, the total contract sum would then become
$3,241,314.71; and time of completion to remain according to Change Order
No. 6 (18 months).
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency Ordinance:
(#26490) AN ORDINANCE to amend and reordain certain sections of the
1982-83 Capital Projects Fund Appropriations, and providing for an emergency.
· (For full text of Ordinance, see Ordinance Book No. 48, page 58.)
Mr. Harvey moved the adoption of the Ordinance. The motion was seconded
by Mr. Musser and adopted by the following vote:
ACT ION:
ACTION:
629
AYES: Council members Butler, Garland, Harvey, Musser, Trout, Bowles
and Mayor Taylor ......................................................... 7.
NAYS: None ......................................................... O.
Mr. Harvey offered the following emergency Ordinance:
(#26491) AN ORDINANCE approving the City Manager's issuance of Change
Order No. 7 to the City's contract with J. M. Turner & Co., Inc., for
construction of Market Square Parking Garage; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 59.)
Mr. Harvey moved the adoption of the Ordinance. The motion was seconded
by Mr. Musser and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Musser, Trout, Bowles
and Mayor Taylor .......................................................... 7.
NAYS: None .......................................................... O.
PLANNING-GRANTS-INDUSTRIES-ECONOMIC DEVELOPMENT COMMISSION: The City
Manager submitted a written report advising that the City of Roanoke sub-
mitted an application for UDAG funding for on-site and off-site improve-
ments in the Roanoke Centre for Industry and Technology on January 26,
1983; that the Department of Housing and Urban Development, following
significant discussion and modification, offered the City of Roanoke an
Urban Development Action Grant of $2,412,684.00 in a letter dated April 19,
1983; that UDAG funds will be utilized to install required utilities, build
access road and prepare a site for Cooper Industries; that the grant award
must be accepted and the contract executed as the initial step for the UDAG
funds to become available; and the Grant Agreement requires the City to
perform on-site and off-site activities including spending the $156,464.00
in City funds already appropriated and all City and Cooper related work
must begin by June 15 and be completed by November 30, 1983.
The City Manager recommended that Council authorize the Mayor, the
City Manager, or the Assistant City Manager to accept the Urban Development
Action Grant award number B-82-AA-51-0172 on behalf of the City and to
execute the U.D.A.G. Agreement and to provide and execute other assurances
and contracts related to Exhibit "E" of the Agreement which are necessary
in order to draw down funds.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
(#26492) A RESOLUTION accepting a certain Urban Development Action
Grant awarded the City by the United States Department of Housing and Urban
Development; authorizing the City Manager to execute the requisite Grant
Agreement and all of the agreements with the participating parties required
by said Grant Agreement; and authorizing the appropriate City officials to
make any certifications required by the terms of the Grant Agreement.
(For full text of Resolution, see Resolution Book No. 48, page 60.)
Mr. Trout moved the adoption of the Resolution. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Musser, Trout, Bowles
and Mayor Taylor .......................................................... 7.
NAYS: None ................................................... ~ ...... O.
PARKS AND PLAYGROUNDS-GRAi~TS: The City Manager submitted a written
report advising that Council, in April 1981, adopted an Action Plan for the
short and long-term improvements of the City's park system which identifies
city-wide park improvement needs and recommends, among other actions,
630
ACTION:
ACTION:
rehabilitation of deteriorating neighborhood parks as a part of an overall
effort of the City to stabilize and upgrade the City's neighborhoods; that
Phase I of the five year Action Plan has been implemented by utilizing
$567,050.00 in local, state and federal funds to improve Washimgtom, Eureka,
Melrose, Hurt, Highland, Golden and Garden City Parks, and these funds
included a $298,500.00 Urban Park and Recreation Recovery Grant from the
National Park Service and the Virginia Cow~isslon of Outdoor Recreation,
The City ~tanager advised that $1.5 million in bond funds are available
for the implementation of Phase II of the five year Action Plan; that
Council, on February 28, 1983, unanimously voted to reactivate the Citizens'
Advisory Committee on Park Study to review the adopted parks plan and
recommend an implementation program to Council; and the City of Roanoke is
eligible to compete for UPARR Grant funds for park improvement projects in
the upcoming grant round.
The City Manager requested that Council authorize him to file a UP~J{R
Rehabilitation Grant Application and other related documents to the National
Park Service for up to $195,500.00 in federal assistance; authorize the
City M~nager to request the Co~monwealth of Virginia to provide up to
$34,500.00 in supplemental grant for the projects included in the City's
UPARR Grant Application; and that Council express its intent to appropriate
up to $69,000.00 in local match for the subject grant application from bond
funds available for general park improvement.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(#26493) A PO{SOLUTION authorizing the City Manager to apply for cer-
tain Federal and State grant funds for the rehabilitation of certain of the
City's parks, and expressing the intent of Council to appropriate, if
necessary, local matching funds.
(For full text of Resolution, see Resolution Book No. 48, page 60.)
Mrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Musser, Trout, Bowles
and Mayor Taylor ......................................................... 7.
NAYS: None ......................................................... O.
CIVIC CENTER: The City Manager submitted a written report concurring
in a report of the Bid Committee recommending that the proposal of Delta
Graphics, Inc., for furnishing 1,024 folding chairs and 50 folding tables
for use at the Roanoke Civic Center, in the amount of $29,977.80, be accepted.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency Ordinance:
(#26494) AN ORDINANCE accepting a bid for folding tables and chairs
for use at the Civic Center; rejecting other bids; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 61.)
Mr. Harvey moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Butler, Garland, H~rvey, Musser, Trout, Bowles
and Mayor Taylor ........................................................... 7.
NAYS: None ........................................................... 0.
ACTION:
ACTION:
ACTION:
ACTION:
631
CITY INFORMATION SYSTEMS: The City Manager having previously submitted
a written report to Council in connection with a report of the Bid Committee
concerning the purchase of computer hardware, the Assistant City Manager
requested that Council hold a special meeting on Monday, May 16, 1983, to
act on the report inasmuch as the complete report had not been submitted to
Council prior to the meeting.
Mr. Trout moved that Council hold a special meeting on Monday, May 16,
1983, immediately following the Financial and Planning Session to act on
the report of the Bid Co~xaittee with regard to computer hardware. The
motion was seconded by Mr. Harvey and unanimously adopted.
BUDGET-EQUIPMENT-PUBLIC WORKS: The City Manager submitted a written
report concurring in a report of the Bid Committee recommending the purchase
of one new truck cab and chassis, aerial tower and bucket, complete with
hydraulic tools, for use by the Grounds Maintenance Department, from Baker
Equipment Engineering Company and that $7,478.00 be transferred from Snow
Removal Account No. A01414030030, to Grounds Maintenance Account No. A06263590010.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#26495) AN ORDINANCE to amend and reordain certain sections of the
1982-83 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 62.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Musser, Trout, Bowles
and Mayor Taylor .......................................................... 7.
NAYS: None ......................................................... O.
Mr. Trout offered the following emergency Ordinance:
(#26496) AN ORDINANCE providing for the purchase of one new truck
cab/chassis, complete with aerial tower and bucket for use by the Grounds
Maintenance Department of the City, upon certain terms and conditions, by
accepting a certain bid made to the City for furnishing and delivering such
equipment; rejecting certain other bids made to the City; and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 62.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Musser, Trout, Bowies
and Mayor Taylor .......................................................... 7.
NAYS: None ......................................................... O.
FIRE DEPARTMENT-EQUIPMENT: The City Manager submitted a written
report concurring in a report of the Bid Committee recommending that the
proposal of Fire Equipment Supply Co., Inc., to furnish and deliver to the
City one new Seagrave lO0-foot rear mounted ladder truck, for the sum of
$205,743.00, be accepted.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#26497) AN ORDINANCE providing for the purchase of an aerial ladder
truck for use by the City's Fire Department, upon certain terms and condi-
tions, by accepting a certain bid made to the City; rejecting certain other
bids made to the City; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 63.)
632
ACTION:
ACTION:
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council members Butler, Garland, Harvey, Musser, Trout, Bowles
and Mayor Taylor .......................................................... 7.
NAYS: None .......................................................... O.
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
ZONING: Council member Bowles presented a communication from Mr. and
Mrs. Homer Old, 3219 Yardley Drive, N. W., complaining about conditions
relative to a beauty shop owned by Mrs. Geneva Goad, located at 3223 Yardley
Drive, N. W., advising that they are of the opinion that the operation of
a beauty shop should not be allowed in a residential district.
(For full text, see communication on file in the City Clerk's Office.)
Mr. W. G. Light, Zoning Administrator, briefed the members of Council
on the matter, advising that the request of Mrs. Goad to operate a beauty
shop in her home was granted as a special exception for home occupation by
the Board of Zoning Appeals in 1980; that Mrs. Goad's beauty shop complies
with the licensing requirements and regulations of the Licensing Bureau of
the State of ¥irginia; that Mrs. Goad has a current license permit from the
City of Roanoke Health Department and a Certificate of Occupancy from the
Zoning Administrator. He said she has all the necessary permits for electrical
and plumbing alterations, etc., and she is using one room in her home for
operation of the beauty shop as directed by the Board of Zoning Appeals;
that she is using one shampoo chair, and she has provided the required off-
street parking; and according to rules and regulations of the State of
Virginia, she is not required to have an outside entrance to the room in
which she operates her beauty shop.
Based upon Mr. Light's explanation, Mrs. Bowles moved that the City
Clerk advise Mr. and Mrs. Old that Mrs. Goad is in compliance with all
pertinent rules and regulations relating to the operation of a beauty shop
as a personal service home occupation at 3223 Yardley Drive, N. W. The
motion was seconded by Mr. Trout and unanimously adopted.
OTHER HEARINGS OF CITIZENS:
DOGS-COMPLAINTS: Mr. Fred C. Box, 3141 Oaklaw~ Avenue, N. W., appeared
before Council and presented a petition signed by approximately 22 residents
of the Oaklawn Avenue, N. W., area, with regard to barking dogs in their
neighborhood, and especially at 3209 Oaklawn Avenue, N. W.
(For full text, see petition on file in the City Clerk's Office.)
Mr. Trout moved that the matter be referred to the City Manager and
the City Attorney for investigation and report to Council. The motion was
seconded by Mr. Harvey and unanimously adopted.
At 11:10 p.m., the Mayor declared the meeting in recess.
At 11:50 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding and all members of the Council present.
LIBRARIES: The Mayor advised that there is a vacancy on the Roanoke
City Public Library Board due to the death of Mrs. Lelia C. Bagbey for a
term ending June 30, 1983, and called for nominations to fill the vacancy.
ACTION:
ATTEST:
633
Mrs, Bowles placed in nomination the name of Mrs. Katherine G. Cochran.
There being no further nominations, Mrs. Cochran was elected as a
member of the Roanoke City Public Library Board to fill the unexpired term
of Mrs. Lelia C. Bagbey, deceased, ending June 30, 1983, by the following
vote:
FOR MRS. COCHRAN: Council members Butler, Garland, Harvey, Musser,
Trout, Bowles and Mayor Taylor ............................................ 7.
There being no further business, the Mayor declared the meeting adjourned
at 11:55 p.m.
APPROVED
City Clerk Mayor
634
SPECIAL SESSION ..... ROANOKE CITY COUNCIL
May 12, 1983
8:00 a.m.
The Council of the City of Roanoke met in special session in the Council
Chamber in the Municipal Building, City of Roanoke, on Monday, May 12, 1983, at 8:00
a.m., with Mayor Noel C. Taylor presiding.
PRESENT: Council members Robert A. Garland, James G. Harvey, II (arrived
at 8:45 a.m.), Howard E. Musser, James O. Trout, Elizabeth T. Bowles, Wendell H.
Butler and Mayor Noel C. Taylor .................................................... 7.
ABSENT: None ............................................................ 0.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. W. Robert Herbert,
Assistant City Manager; Mr. Wilburn C. Dibling, Jr., City Attorney; Mr. Joel M.
Schlanger, Director of Finance; and Ms. Mary F. Parker, City Clerk.
The invocation was delivered by Council member Elizabeth T. Bowles.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Taylor.
The City Clerk read the following communication from the Mayor calling the
special meeting of Council:
"May 6, 1982
ACTION:
Honorable Vice-Mayor and Members
of Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
Please be advised that pursuant to action taken by Council at its regular
meeting on April 4, 1983, the Council will hold a special meeting on
Thursday, May 12, 1983, at 8:00 a.m., in the City Council Chamber, to
consider matters with regard to adoption of the fiscal year 1983-84 budget.
Sincerely,
S/Noel C. Taylor
Noel C. Taylor
Mayor
CC:
Mr. H. B. Ewert, City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Joel M. Schlanger, Director of Finance
Mr. James L. C. McKenzie, Director of Real Estate Valuation
Mr. William L. Brogan, Municipal Auditor"
MAYOR AND COUNCIL MEMBERS:
COb~CIL: A communication from Council member Wendell H. Butler requesting
an Executive Session to discuss a personnel matter pursuant to Section 2.1-
344 (a) (1), Code of Virginia (1950), as amended, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Musser moved that Council concur in the request. The motion was
seconded by Dr. Butler and lost by the following vote:
AYES: Council members Garland, Musser, Bowles, Butler and Mayor
Taylor ..................................................................... 5.
NAYS: Council member Trout ........................................... 1.
(Council member Harvey had not arrived at the meeting.)
The Mayor referred to a previous rule adopted by the Council whereby
Executive Sesstous must be approved by unanimous vote of the Council, and
inasmuch as Mr. Trout cast a dissenting vote, he is of the opinion that
Council cannot meet in Executive Session; whereupon, he requested that the
City Attorney render an opinion as to whether or not the Executive Session
may be held absent a unanimous vote of the Council. The City Attorney
advised that there is no requirement in state law that would impose a
unanimous agreement of Council to convene in Executive Session, noting that
state law calls for a majority vote of the Council; however, he is of the
opinion that Council may adopt other rules if it so desires.
635
ACTION:
The Mayor advised that if Council would like to suspend its rule in
this particular instance, he would entertain a motion to do so; whereupon,
Dr. Butler moved that Council suspend its rule in this specific instance
and that Council meet in Executive Session at the completion of item 5.c.
on the agenda. (An Ordinance fixing the annual compenation of the Mayor,
Vice-Mayor and members of Council), pursuant to Section 2.1-344 (a) (1),
Code of Virginia, 1950, as emended. The motion was seconded by Mrs. Bowles
and adopted by the following vote:
AYES: Council members Garland, Musser, Bowles, Butler and Mayor
Taylor .................................................................. 5.
NAYS: Council member Trout ........................................ 1.
(Council member Harvey had not arrived at the meeting.)
DIRECTOR OF FINANCE:
BUDGET-DIRECTOR OF FINANCE: The Director of Finance submitted a
certification that in accordance with paragraphs (h) and (i) of Sec. 25.1
of the Charter of the City of Roanoke, funds required for the 1983-84
General Fund, Water Fund, Sewage Treatment Fund, Municipal Airport Fund,
Roanoke Civic Center Fund, and Internal Service Fund budgets will be avail-
able for appropriation.
(For full text, see certificate on file in the City Clerk's Office.)
ACTION:
Mr. Trout moved that the certificate be received and filed. The
motion was seconded by Mr. Musser and adopted.
ADOPTION OF FISCAL YEAR 1983-84 BUDGET:
BUDGET: The Director of Finance submitted a written report trans-
mitting Ordinances necessary for the adoption of the fiscal year 1983-84
budget. He referred to ordinances numbered 1, 2 and 3 all relating to the
General Fund, advising that only one of the three ordinances may be adopted
and explained that the three ordinances provide as follows:
II1 .
Includes appropriation to the School Board as one lump
sum as requested by the Board and recomanended to Council
in the City Manager's budget.
Includes appropriation to the School Board as one lump
scm less $3,300. The $3,300 was added to the General
Fund Contingency Fund.
Includes appropriation to the School Board by the Code
of Virginia's Classification of Expenditures and $3,300
was subtracted from the category, Administration, and
added to the General Fund Contingency Fund."
ACTION:
Mr. Musser moved that the 1983-84 fiscal year budget of the Roanoke
City School Board be adopted in the amount of $38,317,877.00. The motion
was seconded by Dr. Butler and adopted.
636
ACTION:
ACTION:
ACTION:
Mrs. Bowles offered Ordinance No. 1 which includes appropriation to
the School Board as one lump sum as requested by the Board and recommended
to Council in the City Manager's budget.
There being no second to the motion, the Mayor declared the motion
lost.
Mr. Musser offered Ordinance No. 3 which includes appropriation to the
School Board by the Code of Virginia's Classification of Expenditures and
$3,300.00 was subtracted from the category, Administration, and added to
the General Fund Contingency Fund. The motion was seconded by Mr. Trout.
Council at its budget study session on Monday, May 2, 1983, having met
with and requested that the School Board establish the salary of the Super-
intendent prior to Council's adoption of the fiscal year 1983-84 budget, a
communication from Dr. James A. Allison, Jr., Chairman of the Roanoke City
School Board, advising that it is the policy of the Board to fix the SuperintendenCs
salary in connection with the annual evaluation of the Superintendent; that
the evaluation cannot properly and adequately be done until the end of the
school year; that the evaluation is a careful process of assessing the
Superintendent's achievement of the goals and objectives of the Board, it
is not perfunctory, it requires a large block of time, and the documentation
of the years performance; therefore, the Board regrets that it cannot at
this time fix an exact fiscal year 1984 salary for the Superintendent.
Mr. Musser advised that he is aware of the amount of paper work that
will be involved for the City's administrative staff if Ordinance No. 3
is adopted; however, he feels that Council has done everything within its
power to accomplish the goal of putting a maximum salary on the two top
administrators of the City, the City Manager and the Superintendent of
Schools, noting that his sentiments are intended to be no reflection on the
two individuals presently holding the positions, but he feels the salary
ranges are where they should be in a city the size of Roanoke.
If Ordinance No. 3 is adopted, the Director of Finance was asked to
respond insofar as the amount of additional paper work that will be generated
for the administrative staff of the City; whereupon, the Director of Finance
advised that he has estimated that approximately 100 - 150 additional
budget ordinances will have to be processed through his office and the
City Clerk's Office during the course of the year.
At this point, 8:45 a.m., Council member Harvey entered the meeting.
Following considerable discussion of the three ordinances, Ordinance
No. 3 was lost by the following vote:
AYES: Council members Harvey, Musser and Trout ..................... 3.
NAYS: Council members Garland, Bowles, Butler and Mayor Taylor ..... 4.
Dr. Butler offered Ordinance No. 2 which includes appropriation to the
School Board as one lump sum less $3,300.00 being added to the General Fund
Contingency Fund. The motion was seconded by Mr. Garland and lost by the
following vote:
AYES: Council members Garland, Bowles, Butler and Mayor Taylor ..... 4.
NAYS: Council members Harvey, Musser and Trout ..................... 3.
There was discussion with regard to a timeframe for adopting the
fiscal year 1983-84 General Fund budget in which the City Attorney advised
that emergency ordinances require the affirmative vote of five members of
the City Council; that in order for the ordinance to be adopted without the
emergency clause, it will have to be read at two regular meetings of the
Council, and it was agreed that the 1983-84 fiscal year General Fund Ordi-
nance will be placed on the City Council agendas of Monday, June 6, 1983,
for its first reading, and Monday, June 13, 1983, for its second reading.
(See page 640, for additional action on the 1983~84 General Fund Ordinance.)
637
ACTION:
ACTION:
ACTION:
ACTION:
BUDGET-WATER DEPARTMENT: Mr. Trout offered the following emergency
Ordinance adopting the annual Water Fund Appropriation, in the amount of
$4,145,358.00 for fiscal year 1983-84:
(#26498) AN ORDINANCE adopting the annual Water Fund Appropriation of
the City of Roanoke for the fiscal year beginning July 1, 1983, and ending
June 30, 1984; and declaring the existence of an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 64.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles, Butler
and Mayor Taylor .......................................................... 7.
NAYS: None .......................................................... O.
BUDGET-SEWERS AND STORM DRAINS: Mr. Trout offered the following
emergency Ordinance adopting the annual Sewage Treatment Fund Appropriation,
in the amount of $6,282,787.00, for fiscal year 1983-84:
(#26499) AN ORDINANCE adopting the annual Sewage Treatment Fund
Appropriation of the City of Roanoke for the fiscal year beginning July 1,
1983, and ending June 30, 1984; and declaring the existence of an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 64.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles, Butler
and Mayor Taylor .......................................................... 7.
NAYS: None .......................................................... 0.
BUDGET-AIRPORT: Mr. Harvey offered the following emergency Ordinance
adopting the annual Airport Fund Appropriation of the City of Roanoke, in
the amount of $2,210,531.00, for fiscal year 1983-84:
(#26500) AN ORDINANCE adopting the annual Airport Fund Appropriation
of the City of Roanoke for the fiscal year beginning July 1, 1983, and
ending June 30, 1984; and declaring the existence of an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 65.)
Mr. Harvey moved the adoption of the Ordinance. The motion was seconded
by Dr. Butler and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles, Butler,
and Mayor Taylor .......................................................... 7.
NAYS: None ......................................................... 0.
BUDGET-CIVIC CENTER: Mr. Trout offered the following emergency Ordinance
adopting the annual Civic Center Fund Appropriation, in the amount of
$1,701,374.00, for the fiscal year 1983-84:
(#26501) AN ORDINANCE adopting the annual Civic Center Fund Appropria-
tion of the City of Roanoke for the fiscal year beginning July 1, 1983, and
ending June 30, 1984; and declaring the existence of an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 66.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mr. Musser and adopted by the following vote:
638
ACTION:
ACTION:
ACTION:
ACTION:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles, Butler
and Mayor Taylor ........................................................... 7.
NAYS: None ........................................................... O.
BUDGET: Mr. Trout offered the following emergency Ordinance adopting
the annual Internal Service Fund Appropriation, in the amount of $5,554,790.00,
for fiscal year 1983-84:
(#26502) AN ORDINANCE adopting the annual Internal Service Fund
Appropriation of the City of Roanoke for the fiscal year beginning July 1,
1983, and ending June 30, 1984; and declaring the existence of an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 67.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mr. Musser and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles, Butler
and Mayor Taylor ........................................................... 7.
NAYS: None ........................................................... 0.
BUDGET-PAY PLAN-CITY EMPLOYEES: Mr. Trout offered the following
emergency Ordinance adopting and providing a new Pay Plan for the employees
of the City of Roanoke, effective July 1, 1983; by providing for a three
per cent cost of living pay increase for all City employees:
(#26503) AN ORDINANCE to adopt and provide a new Pay Plan for the
employees of the City of Roanoke effective July 1, 1983; amending and
modifying Ordinance No. 26023 to the extent herein provided; and providing
for an emergency and effective date.
(For full text of Ordinance, see Ordinance Book No. 48, page 68.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mr. Musser and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles, Butler
and Mayor Taylor .......................................................... 7.
NAYS: None .......................................................... 0.
BUDGET-COUNCIL: Dr. Butler offered an ordinance fixing the annual
compensation of the Mayor at $9,171.08 per year, the Vice-Mayor at $7,205.96
per year and each member of Council at $6,550.92 per year, effective July 1,
1983. The motion was seconded by Mrs. Bowles and lost by the following
vote:
AYES: None ..................................................... 0
NAYS: Council members Garland, Harvey, Musser, Trout, Bowles, Butler
and Mayor Taylor ........................................................ 7.
Mr. Richard W. Crush, 2532 Berkley Avenue, S. W., appeared before
Council and requested that Council adopt the School budget as submitted by
the School Board and as recommended to Council by the City Manager.
At 9:40 a.m., the Mayor declared the meeting in recess.
At 10:15 a.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding and all members of the Council present.
BUDGET-PAY PLAN-CITY EMPLOYEES-CITY ATTORNEY-CITY MANAGER-DIP~CTOR OF
FINANCE-CITY CLERK-DIRECTOR OF REAL ESTATE VALUATION-MUNICIPAL AUDITOR: Dr.
Butler offered the following emergency Ordinance repealing Ordinances
having placed the positions of City Manager and City Attorney, respectively,
in the pay and classification plans of the City; amending Ordinance No.
ACTION:
ACTION:
639
26132 adopted June 26, 1974, to the extent such Ordinance placed the position
of Director of Finance in the Pay and Classification Plan of the City;
establishing the annual salary of the City Manager at $63,489.66, the City
Attorney at $51,999.00, the Director of Finance at $51,999.00, the Municipal
Auditor at $36,657.00, the Director of Real Estate Valuation at $35,353.50,
and the City Clerk at $31,684.00, for the fiscal year beginning July 1,
1983; providing for procedures for establishing the annual salary of each
such officer thereafter; and establishing an anniversary date for each
officer:
(#26504) AN ORDINANCE to repeal Ordinance Nos. 24648, adopted May 23,
1979, and 23323, adopted October 25, 1976, the repealed ordinances having
placed the positions of City Manager and City Attorney, respectively, in
the pay and classification plans of the City; amending Ordinance No. 26132
adopted June 26, 1974, to the extent such Ordinance placed the position of
Director of Finance in the Pay and Classification Plans of the City; establish-
ing an annual salary for the City Manager, City Attorney, Director of
Finance, Municipal Auditor, Director of Real Estate Valuation and City
Clerk, for the fiscal year beginning July 1, 1983; providing for procedures
for establishing the annual salary of each such officer thereafter; establishing
an anniversary date for each such officer; and providing for an emergency
and an effective date.
(For full text of Ordinance, see Ordinance Book No. 48, page 69.)
Dr. Butler moved the adoption of the Ordinance. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles, Butler
and Mayor Taylor ........................................................... 7.
NAYS: None ............................................................ O.
PENSIONS: Mrs. Bowles offered the following emergency Ordinance
providing for certain supplemental benefits under the Employees' Retirement
System to certain members of such System and their surviving spouses; and
providing in part that the retirement allowance payable on account of
certain members of the Employees' Retirement System who retired prior to
July 1, 1982, shall be, effective July 1, 1983, increased by 3 percent of
itself:
(#26505) AN ORDINANCE providing for certain supplemental benefits
under the Employees' Retirement System to certain members of such System
and their surviving spouses; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 70.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles, Butler
and Mayor Taylor .......................................................... 7.
NAYS: None ........................................................... O.
TAXES: Mr. Trout offered the following emergency Ordinance amending
the Code of the City of Roanoke (1979), as amended, to establish a new tax
rate for certain classifications of tangible personal property, at the rate
of $3.70 on every $100.00 of fair market value:
(#26506) AN ORDINANCE amending and reordaining subsection (b) of Section
32-104, Levied~ rate, of the Code of the City of Roanoke (1979), as amended,
to establish a new tax rate for the indicated classifications of tangible
personal property and providing for an emergency and an effective date for
this tax rate.
(For full text of Ordinance, see Ordinance Book No. 48, page 71.)
640
ACT ION:
ACTION:
ACTION:
ATTEST:
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council members Garland, }{arvey, Musser, Trout, Bowles, Butler
and Mayor Taylor ........................................................... 7.
NAYS: None ........................................................... O.
BUDGET-TAXES: Mr. Harvey offered the following Resolution expressing
the present intent of Council to reduce the personal property tax rate by
ten cents for the fiscal year commencing July 1, 1984, barring unforeseen
circumstances:
(#26507) A RESOLUTION expressing the present intent of Council to
reduce the personal property tax rate by ten cents for the fiscal year
commencing July 1, 1984, barring unforeseen circumstances.
(For full text of Resolution, see Resolution Book No. 48, page 73.)
Mr. Harvey moved the adoption of the Resolution. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles, Butler
and Mayor Taylor ........................................................... 7.
NAYS: None ........................................................... 0.
BUDGET: With regard to an ordinance adopting the General Fund budget
for fiscal year 1983-84, which ordinance include appropriation to the School
Board as one lump sum less $3,300.00 being added to the General Fund Contin-
gency Fund, said ordinance having been lost by a 4 - 3 vote of Council earlier
in the meeting; Mr. Garland advised that having voted with the majority on
adoption of the ordinance, he would like to move for a reconsideration of the
question. The motion was seconded by Dr. Butler and unanimously adopted.
Mr. Garland then offered the following emergency Ordinance defined as
No. 2 in a report of the Director of Finance (see page 636), which includes
an appropriation to the School Board as one lump sum less $3,300.00, the
$3,300.00 being added to the General Fund Contingency Fund:
(#26508) ;~ ORDINANCE adopting the annual General Fund Appropriation
of the City of Roanoke for the fiscal year beginning July 1, 1983, and
ending June 30, 1984; and declaring the existence of an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 73.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles, Butler
and Mayor Taylor .......................................................... 7.
NAYS: None ......................................................... 0.
Mr. Harvey and Mr. Musser advised that although they voted for the
adoption of the ordinance, they have not changed their opinion with regard
to not increasing the salary of the School Superintendent, but in the
interest of moving ahead with City and School business, they voted to adopt
the ordinance.
There being no further business, the Mayor declared the special meeting
adjourned at 10:40 a.m.
City Clerk
APPROVED
SPECIAL SESSION .... ROANOKE CITY COUNCIL
May 16, 1983
3:30 p.m,
The Council of the City of Roanoke met in special session in the Council
Chamber in the Municipal Building, City of Roanoke, on Monday, May 16, 1983, at 3:30
p.m., with Mayor Noel C. Taylor presiding.
PRESENT: Council members James G. Harvey, II, Howard E. Musser, James O.
Trout, Elizabeth T. Bowles, Wendell H. Butler, Robert A. Garland and Mayor Noel C.
Taylor ............................................................................ 7.
ABSENT: None ........................................................... O.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. Wilburn C. Dibling,
Jr., City Attorney; Mr. Joel M. Schlanger, Director of Finance; and Ms. Mary F.
Parker, City Clerk.
The City Clerk read the following communication calling the special meeting
of Council:
"May 13, 1983
Honorable Vice-Mayor and
Members of Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
Please be advised that pursuant to action taken by Council at its regular
meeting on Monday, May 9, 1983, the Council will hold a special meeting
on Monday, May 16, 1983, in the Council Chamber, immediately following
the Financial and Planning Session, to consider a report with regard to
the purchase of computer hardware.
Sincerely,
S/ Noel C. Taylor
Noel C. Taylor
Mayor
CC:
Mr. H. B. Ewert, City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Joel M. Schlanger, Director of Finance
Mr. George C. Snead, Jr., Director, Administration and
Public Safety"
CITY INFORMATION SYSTEMS: Mr. George C. Snead, Jr., Director of
Administration and Public Safety, appeared before Council and presented a
written report of the Bid Com~ittee advising that bids were received,
opened and publicly read in the Office of General Services at 2:00 p.m.,
on April 1, 1983, for the purchase of computer hardware, recommending that
Council award the bid for purchase of the computer hardware to I.B.M.
Corporation, the only bidder responsive to the requirements of the specifica-
tions, at a bid price of $811,889.00, and reject all other bids.
It was noted that the bidder complied with ail requirements of the bid
specifications; that cost savings anticipated of $19,366.00 per month will
accrue as follows: (1) cost savings of $8,800.00 per month associated with
the purchase of the peripheral equipment will begin to accrue from the
first of the month following bid award, and (2) an additional cost savings
of $10,566.00 per month, associated with the purchase of the processing
unit, disk drives and other required hardware will begin to accrue in July,
1983; that $78,089.00 is available in the fiscal year operating budget of
642
City Information Services; and temporary loan of $733,089.00 is needed to
provide required cash flow from Undesignated Capital Projects Fund to be
repaid from C.I.S. operating budget for fiscal year 1984, 1985 and 1986.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
Mr. Garland offered the following emergency Ordinance:
(#26509) AN ORDINANCE to amend and reordain certain sections of the
1982-83 General and Capital Projects Funds Appropriations, and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 75.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowles, Butler, Garland
and Mayor Taylor .......................................................... 7.
NAYS: None .......................................................... 0.
ACTION:
Mr. Garland offered the following emergency Ordinance accepting the
proposal of IBM Corporation, for a total purchase price of $811,889.00:
(#26510) AN ORDINANCE providing for the purchase of certain computer
hardware for use by the City, upon certain terms and conditions, by accepting
a certain bid made to the City for furnishing and delivering such equipment;
rejecting certain other bids made to the City; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 76.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowles, Butler, Garland
and Mayor Taylor .......................................................... 7.
NAYS: None .......................................................... 0.
There being no further business, the Mayor declared the special meeting
adjourned at 3:50 p.m.
ATTEST
City Clerk
APPROVED
Mayor
643
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
May 23, 1983
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the Council
Chamber in the Municipal Building, City of Roanoke, on Monday, }{ay 23, 1983, at 2
p.m., the regular meeting hour, with Vice-Mayor Howard E. Musser presiding, pursuant
to Section 10 of the Roanoke City Charter, and Chapter 2, Administration, Section 2-
15, Rules of Procedure of the Code of the City of Roanoke, 1979, as amended.
PRESENT: Council members James O. Trout, Wendell H. Butler, Robert A.
Garland, James G. Harvey, II, and Vice-Mayor Howard E. Musser ...................... 5.
ABSENT: Council member Elizabeth T. Bowles and Mayor Noel C. Taylor ..... 2.
The Vice-Mayor announced that Mrs. Bowles' absence is due to illness in her
family; and Mayor Taylor will be representing the City of Roanoke in Wonju, Korea,
from May 18, 1983, until June 1, 1983.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. W. Robert Herbert,
Assistant City Manager; Mr. Wilburn C. Dibling, Jr., City Attorney; Mr. Joel M.
Schlanger, Director of Finance; and Ms. Mary F. Parker, City Clerk.
The invocation was delivered by The Reverend Harold S. Moyer, Pastor,
Williamson Road Church of the Brethren.
The Pledge of Allegiance to the Flag of the United States of America was
led'by Vice-Mayor Musser.
BID OPENINGS;
FIRE DEPARTMENT: Pursuant to notice of advertisement for bids for
cupola and cornice repair at Fire Station No. 1, 13 East Church Avenue,
said proposals to be received by the City Clerk until 1:30 p.m., on Monday,
May 23, 1983, 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; where-
upon, the City Clerk opened and read the one bid received from Acorn Cons-
truction, Ltd., in the amount of $18,750.00.
ACTION:
Dr. Butler moved that the bid be referred to a committee to be appoint-
ed by the Vice-Mmyor for study, report and recommendation to Council. The
motion was seconded by Mr. Harvey and adopted.
ACTION:
The Vice-Mayor appointed Messrs. Robert A. Garland, Chairman, George
C. Snead, Jr., and Richard B. Burrow as members of the committee.
CONSENT AGENDA:
The Vice-Mayor advised that all matters listed on the Consent Agenda
are considered to be routine by the Council and will be enacted by one
motion in the forms listed on the Consent Agenda, and if discussion is
desired, that item will be removed from the Consent Agenda and considered
separately. He noted that included on the Consent Agenda is a request to
discuss personnel matters relating to vacancies on various authorities,
boards, commissions and committees appointed by Council; a request of the
City Manager to discuss two legal matters within the jurisdiction of the
public body, being the terms and conditions of a contract in negotiation;
and an oral request of the City Manager to discuss a prospective business
or industry interested in locating in the City.
644
ACTION:
ACTION:
ACTION:
MINUTES: Minutes of the formal interview of School Board applicants
held on Thursday, April 14, 1983; the special meeting of Council held on
Monday, April 18, 1983; the regular meeting of Council held on Monday,
April 25, 1983; the special meeting of Council held on Monday, May 2, 1983;
and the regular meeting of Council held on Monday, May 2, 1983, were before
the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Harvey moved that the reading of the minutes be dispensed with and
that the minutes be approved as recorded. The motion was seconded by Mr.
Trout and adopted by the following vote:
AYES: Council members Trout, Butler, Garland, Harvey, and Vice-Mayor
Musser .................................................................. 5.
NAYS: None .......................................................
(Mayor Taylor and Council member Bowles were absent.)
COUNCIL: A communication from Vice-Mayor Howard E. Musser requesting
an Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, co~issions and co~ittees appointed by Coun-
cil, 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. Rarvey moved that Council concur in the request to convene in
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by Coun-
cil pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950), as
amended. The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council members Trout, Bugler, Garland, Harvey, and Vice-Mayor
Musser .................................................................. 5.
NAYS: None ........................................................ 0.
(Mayor Taylor and Council member Bowles were absent.)
COUNCIL: A report of the City Manager requesting an Executive Session
to discuss a legal matter within the jurisdiction of the public body, being
the terms and conditions of a contract in negotiation, pursuant to Section
2.1-344 (a) (6), Code of Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that Council concur in the request to convene in
Executive Session to discuss a legal matter within the jurisdiction of the
public body, being the terms and conditions of a contract in negotiation,
pursuant to Section 2.1-344 (a) (6), Code of Virginia (1950), as amended.
The motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Trout, Butler, Garland, Harvey and Vice-Mayor
Musser ................................................................. 5.
NAYS: None ....................................................... O.
(Mayor Taylor and Council member Bowles were absent.)
SCHOOLS: A report of qualification of Edwin R. Feinour as a Trustee
of the Roanoke City School Board for a term of three years commencing July 1,
1983, and ending June 30, 1986, was before Council.
(See Oath of Office on file in the City Clerk's Office.)
ACTION:
ACTION:
ACTION:
645
Mr. Harvey moved that the report of qualification be received and
filed. The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council members Trout, Butler, Garland, Harvey, and Vice-Mayor
Musser ................................................................... 5.
NAYS: None ......................................................... 0.
(Mayor Taylor and Council member Bowles were absent.)
HOUSING: A report of qualification of Clifford A. N~mmer as a member
of the Fair Housing Board for a term of three years ending March 31, 1986,
was before Council.
(See Oath of Office on file in the City Clerk's Office.)
Mr. Harvey moved that the report of qualification be received and
filed. The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council members Trout, Butler, Garland, Harvey, and Vice-Mayor
Musser .................................................................... 5.
NAYS: None ......................................................... O.
(Mayor Taylor and Council member Bowles were absent.)
HOUSING: A report of qualification of The Reverend A. Wade Coffey,
Jr., as a member of the Fair Housing Board for a term of three years ending
March 31, 1986, was before Council.
(See Oath of Office on file in the City Clerk's Office.)
Mr. Harvey moved that the report of qualification be received and
filed. The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council members Trout, Butler, Garland, Harvey, and Vice-Mayor
Musser ................................................................... 5.
NAYS: None ......................................................... 0.
(Mayor Taylor and Council member Bowles were absent.)
PERSONNEL-CITY EMPLOYEES-DIRECTOR OF REAL ESTATE VALUATION: A report
of the City Attorney advising that on December 10, 1981, the Personnel and
Employment Practices Com~ission heard the appeal of James B. Dyer, formerly
an Assessor with the Office of Real Estate Valuation who had been terminated
from his position for failing to perform certain duties in a satisfactory
manner, and at the conclusion of the hearing, the Commission determined
that Mr. Dyer had failed to perform some of his duties adequately and
accurately but that the administration's punishment was excessive; and it
was the conclusion of the Commission that it would not be in the best
interest of all concerned to reinstate Mr. Dyer in his former position, was
before Council.
Mr. Dibling further advised that Mr. Dyer challenged this decision in
a lawsuit filed with the Roanoke City Circuit Court, and in June of 1982,
the local Circuit Court ruled that the relief sought by the petitioner
should not be granted; that Mr. Dyer appealed this decision to the Virginia
Supreme Court; and the Virginia Supreme Court recently determined that no
reversible error had been committed by the Circuit Court and the judgment
of the trial court was sustained.
(For full text, see report on file in the City Clerk's Office.)
646
ACTION
ACTION:
Mr. Harvey moved that the report be received and filed. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Trout, Butler, Garland, Harvey and Vice-Mayor
Musser ................................................................... 5.
NAYS: None ......................................................... 0.
(Mayor Taylor and Council member Bowles were absent.)
COUNCIL: A report of the City Manager requesting an Executive Session
to discuss a legal matter within the Jurisdiction of the public body, being
the terms and conditions of a contract in negotiation, pursuant to Section
2.1-344 (a) (6), Code of Virginia (1950), as amended, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that Council concur in the request to convene in
Executive Session to discuss a legal matter within the jurisdiction of the
public body, being the terms and conditions of a contract in negotiation,
pursuant to Section 2.1-344 (a) (6), Code of Virginia (1950), as amended.
The motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Trout, Butler, Garland, Harvey, and Vice-Mayor
Musser .................................................................... 5.
NAYS: None .......................................................... 0.
(Mayor Taylor and Council member Bowles were absent.)
COUNCIL: The City Manager orally requested that Council meet in
Executive Session to discuss a matter relating to a prospective business or
industry interested in locating in the City of Roanoke, of which no previous
announcement has been made, pursuant to Section 2.1-344 (a) (4), Code of
Virginia (1950), as amended.
Mr. Harvey moved that Council concur in the request to convene in
Executive Session to discuss a matter relating to a prospective business
or industry interested in locating in the City of Roanoke, pursuant to
Section 2.1-344 (a) (4), Code of Virginia (1950), as amended. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Trout, Butler, Garland, Harvey, and Vice-Mayor
Musser .................................................................... 5.
NAYS: None .......................................................... O.
(Mayor Taylor and Council member Bowles were absent.)
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
ZONING: Mr. Jack V. Place, Attorney, representing Trans-World Enter-
prises, appeared before Council and requested that Council hold a public
hearing on Monday, June 13, 1983, at 7:30 p.m., on the request of his
client that a certain alley near the intersection of 13th Street and Jami-
son Avenue, S. E., be vacated, discontinued and closed, advising that the
building which his clients intend to construct, a Bojangles Restaurant, is
such that they would like to be able to use the ten foot alley for a
porlion of the improvements to be constructed, and since City Council meets
two times during the months of June, July and August, under the normal
procedure for scheduling public hearings, the matter would not be heard
until July 11, a second reading would not occur until July 27, and the
ordinance would not become effective until ten days thereafter which would
go into the first week in August.
(For full text, see communication on file in the City Clerk's Office.)
ACTIOn:
ACTION:
ACTION:
647
Mr. Harvey moved that Council concur in the request of Mr. Place and
that a public hearing on the matter be scheduled before City Council at its
regular meeting on Monday, June 13, 1983, at 7:30 p.m., or as soon thereafter
as the matter may be heard in the Council Chamber. The motion was seconded
by Mr. Trout and adopted.
PETITIONS AND COMMUNICATIONS:
INDUSTRIES: A communication from the Industrial Development Authority
recommending approval of a plan to assist Progress Press, Inc., in financ-
ing the acquisition of a printing and manufacturing facility in the City of
Roanoke, by the issuance of industrial development revenue bonds, in the
estimated amount of $400,000.00, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
(#26511) A RESOLUTION approving the plan of financing of the Indus-
trial Development Authority of the City of Roanoke, Virginia, for the bene-
fit of Progress Press, Inc., a Virginia corporation, or a partnership to be
composed of the principals of Progress Press, Inc., or members of their
families, to the extent required by Section 103(k) of the Internal Revenue
Code of 1954, as amended, and City Ordinance No. 26501.
(For full text of Resolution, see Resolution Book No. 48, page 79.)
Mr. Trout moved the adoption of the Resolution. The motion was second-
ed by Mr. Harvey and adopted by the following vote:
AYES: Council members Trout, Butler, Garland, Harvey, and Vice-Mayor
Musser ..................................................................... 5.
NAYS: None ........................................................... 0.
(Mayor Taylor and Council member Bowles were absent.)
INDUSTRIES: A comunication from the Industrial Development Authority
recommending approval of a plan to assist Carben Corporation in financing
the acquisition, construction and equipping of from three to five furniture
warehouse facilities with related equipment, by issuance of industrial
development revenue bonds, in the estimated amount of $1,500,000.00, was
before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
(#26512) A RESOLUTION approving the plan of financing of the Indus-
trial Development Authority of the City of Roanoke, Virginia, for the
benefit of Carben Corporation, a Virginia corporation, to the extent re-
quired by Section 103(k) of the Internal Revenue Code of 1954, as amended,
and City Ordinance No. 26401.
(For full text of Resolution, see Resolution Book No. 48, page 80.)
Mr. Trout moved the adoption of the Resolution. The motion was second-
ed by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Butler, Garland, Harvey, and Vice-Mayor
Musser ........................................................ L ............ 5.
NAYS: None ........................................................... 0.
(Mayor Taylor and Council member Bowles were absent.)
648
ACTION:
ACTION:
INDUSTRIES: A communication from the Industrial Development Authority
recommending approval of a plan to assist McKinney & Biggerstaff in financ-
ing the acquisition, construction and equipping of a facility for retail
furniture sales and rentals and for general commercial space, by issuance
of industrial development revenue bonds, in the estimated amount of $750,000.00,
was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
(#26513) A RESOLUTION approving the plan of financing of the Indus-
trial Development Authority of the City of Roanoke, Virginia, for the
benefit of McKinney & Biggerstaff, a general partnership, or assigns, to
the extent required by Section 103(k) of the Internal Revenue Code of 1954,
as amended, and City Ordinance No. 26401.
(For full text of Resolution, see Resolution Book No. 48, page 81.)
Mr. Trout moved the adoption of the Resolution. The motion was second-
ed by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Butler, Garland, Harvey, and Vice-Mayor
Musser ..................................................................... 5.
NAYS: None ........................................................... 0.
(Mayor Taylor and Council member Bowles were absent.)
INDUSTRIES: A communication from the Industrial Development Authority
recommending approval of a plan to assist Shenandoah Life Insurance Company
in financing the partial renovation of its existing building and the construc-
tion and equipping of a new building in the City of Roanoke to be used as a
printshop and offices in the Company's business of insurance, by issuance
of industrial development revenue bonds, in the estimated amount of $750,000.00,
was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Garland offered the following Resolution:
(#26514) A RESOLUTION approving the plan of financing of the Industrial
Development Authority of the City of Roanoke, Virginia, for the benefit of
Shenandoah Life Insurance Company, a Virginia corporation to the extent
required by Section 103(k) of the Internal Revenue Code of 1954, as amended,
and City Ordinance No. 26401.
(For full text of Resolution, see Resolution Book No. 48, page 82.)
Mr. Garland moved the adoption of the Resolution. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Trout, Butler, Garland, Harvey, and Vice-Mayor
Musser ..................................................................... 5.
NAYS: None ........................................................... 0.
(Mayor Taylor and Council member Bowles were absent.)
INDUSTRIES: A communication from the Industrial Development Authority
recommending approval of a plan to assist BFP Partnership in financing the
acquisition, construction, renovation, and equipping of two buildings in
the City of Roanoke, Virginia, to be used for retail sales, by issuance of
industrial development revenue bonds, in the estimated amount of $500,000.00,
was before Council.
(For full text, see communication on file in the City Clerk's Office.)
ACTION:
ACTION:
ACTION:
649
Mr. Trout offered the following Resolution:
(#26515) A RESOLUTION approving the plan of financing of the Industrial
Development Authority of the City of Roanoke, Virginia, for the benefit of
BFP Partnership, a Virginia partnership to the extent required by Section
103 (k) of the Internal Revenue Code of 1954, as amended, and City Ordinance
No. 26401.
(For full text of Resolution, see Resolution Book No. 48, page 83.)
Mr. Trout moved the adoption of the Resolution. The motion was second-
ed by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Butler, Garland, Harvey and Vice-Mayor
Musser .................................................................... 5.
NAYS: None .......................................................... 0.
(Mayor Taylor and Council member Bowles were absent.)
BUDGET-SCHOOLS: A communication from the Roanoke City School Board
requesting that Council appropriate $24,634.00 to Account A354106 for ECIA
Chapter 1, all expenditures to be reimbursed by federal funds, was before
the body.
A communication from the School Board requesting that Council close
the following school grants:
ECIA Chapter I Winter 1981-82, Grant A354104, in the amount o~
$2,136.37
ECLA Chapter I Carryover 1981-82, Grant A354105, in the amount
of $2,146.37
ESEA Title IV-B Library 1981-82, Grant A354208, in the amount
of $16.73
was also before Council.
(For full text, see communications on file in the City Clerk's Office.)
A report of the Director of Finance advising that he has reviewed the
two requests, and recommending that Council concur in said requests, was be-
fore the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#26516) AN ORDINANCE to amend and reordain certain sections of the
1982-83 Grant Fund Appropriations and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 84.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Trout, Butler, Garland, Harvey, and Vice-Mayor
Musser .................................................................... 5.
NAYS: None .......................................................... 0.
(Mayor Taylor and Council member Bowles were absent.)
Mr. Garland moved that the report of the Director of Finance be received
and filed. The motion was seconded by Dr. Butler and adopted.
650
ACTION:
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
INDUSTRIES-ECONOMIC DEVELOPMENT COMMISSION: The City Manager sub-
mitted a written report advising that Council authorized the signing of a
contract with Cooper Industries at a special meeting on April 14, 1983;
that language in the contract concerns bond counsel for Cooper in that it
could be interpreted to cause the City's off-site improvements with U.D.A.G.
funds to be counted towards Cooper Industries' total capital investment,
and if Cooper Industries' capital investment were to go over $20 million,
they would lose their tax exempt status on their bonds; therefore, Cooper
Industries wants to clarify that the City's $1.2 million in off-site improve-
ments does not count towards their limit.
The City Manager recommended that Council authorize the following
changes in language in existing contract with Cooper Industries, advising
that tax exempt status on Cooper Industries' bonds would be clarified in
that $1.2 million in off-site U.D.A.G. improvements would not count towards
their capital investment limit:
"3. As agreed in the application for an Urban Development
Action Grant submitted and approved by HUD, the City at its
expense shall make, or cause to be made, by the dates shown
on Exhibits C-l, through C-4, those off-site improvements
necessary to service occupants of the industrial park includ-
ing, but not be limited to, certain street, sewer, water line
and storm drainage construction, street lighting, landscaping,
provision of open space with certain amenities, as more
specifically set forth in Exhibits C-1 through C-4 attached
hereto. The City shall not be obligated to expend more than
the aggregate amount of $1,216,404 to construct or cause to
be constructed the off-site improvements set forth in Exhibits
C-1 through C-4. Although the parties believe that $1,216,404
is sufficient to complete such off-site improvements, the City
agrees, should some unforeseen circumstance render such sum
insufficient, to use its best efforts to pursue grant amend-
ments or other sources of funding, including City funds, to
complete the needed improvements. In addition to those off-
site improvements set forth in Exhibits C-1 through C-4,
the City shall make such other off-site improvements as are
necessary to provide for orderly development of the Centre
and to provide an attractive setting for business and industry.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#26517) AN ORDINANCE authorizing the City Manager to enter into an
amendment to the contract between the City and Cooper Industries, Inc., an
Ohio corporation, dated April 14, 1983, to clarify that the off-site
improvements to be made by the City and set out in Exhibit C-1 through C-4
will serve all occupants of the Roanoke Centre for Industry and Technology;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 85.)
Mr. Trout moved the adoption of the Ordinance. The motion was second-
ed by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Butler, Garland, Harvey and Vice-Mayor
Musser .................................................................... 5.
NAYS: None .......................................................... 0.
(Mayor Taylor and Council member Bowles were absent.)
ACTION:
651
PARKS AND PLAYGROUNDS-RECREATION DEPARTMENT: The City Manager submit-
ted a written report advising that the City's Parks Plan recognizes the
lack of competition-quality athletic facilities that are centrally located
and easily accessible from all parts of the City, and the Plan recommends
the development of a major "Sports Complex" in conjunction with Victory
Stadium and adjoining recreation facilities to address this deficiency in
the City's park system. He further advised that the Land and Water Conserva-
tion Grant Program of the National Park Service, administered by the Virginia
Commission of Outdoor Recreation, provides up to fifty per cent funding for
the development of certain types of outdoor recreation facilities.
Mr. Ewert pointed out that the Citizens' Advisory Committee on Parks
Study, reactivated by Council on February 28, 1983, is currently developing
an overall implementation program for Council's consideration, and the
Committee, on April 28, 1983, unanimously voted to request a $375,000.00
L&WC Grant and to support expenditures of up to $375,000.00 from the local
bond funds for the development of the proposed components of the "Sports
Complex". He also pointed out that the Virginia Commission of Outdoor
Recreation is expected to meet the second week of June, 1983, to consider
funding requests under the L&WC Grant Program and therefore, all L&WC
grants must be filed as soon as possible.
The City Manager recommended that Council submit a $375,000.00 Land
and Water Conservation Grant request to the Virginia Co~nission of Outdoor
Recreation for fifty per cent funding of the total cost of developing the
proposed components of the "Sports Complex"; authorize the City Manager to
file a L&WC Grant request and other related documents to the National Park
Service through the Virginia Commission of Outdoor Recreation for up to
$375,000.00 in federal and state assistance; and that Council express its
intent to appropriate up to $375,000.00 in local match for the subject
project from bond funds available for general park improvement projects.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
(#26518) A RESOLUTION authorizing and directing the City Manager, for
and on behalf of the City of Roanoke, to file Land and Water Conservation
Grant request and related documents with the Virginia Commission of Outdoor
Recreation; and expressing the intent of Council to appropriate matching
funds.
(For full text of Resolution, see Resolution Book No. 48, page 86.)
Mr. Trout moved the adoption of the Resolution. The motion was second-
ed by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Butler, Garland, Harvey, and Vice-Mayor
Musser ..................................................................... 5.
NAYS: None ........................................................... 0.
(Mayor Taylor and Council member Bowles were absent.)
CLEAN VALLEY COMMITTEE-GRANTS: The City Manager submitted a written
report advising that the Clean Valley Committee was organized by the govern-
ments in the Roanoke Valley to coordinate a valley-wide litter control pro-
gram; that all grants to these localities are transferred to the committee
for that purpose, and the total of all four grants is as follows:
City of Roanoke
City of Salem
Roanoke County
Town of Vinton
$ 8,726.00
3,165.00
7,415.00
1~642.00
Total $ 20,948.00
The City Manager pointed out that the Clean Valley Committee generally
submits a cooperative grant application for the four localities; and the
Department of Conservation and Economic Development, Division of Litter
Control, requires a resolution from each locality designating the Clean
Valley Committee as recipient of the funds for the year beginning July 1,
1983.
652
ACTION:
ACTION:
The City Manager recommended that Council adopt a resolution designa-
ting the Clean Valley Committee as recipient of the Division of Litter
Control Grant for the year beginning July 1, 1983.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following Resolution:
(#26519) A RESOLUTION designating the Clean Valley Comittee, Inc.,
to develop a coordinated litter control program for the entire Roanoke
Valley and authorizing such Committee to apply for certain grant funds from
the Commonwealth for operation of such program.
(For full text of Resolution, see Resolution Book No. 48, page 86.)
Mr. Garland moved the adoption of the Resolution. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Trout, Butler, Garland, Harvey, and Vice-Mayor
Musser ..................................................................... 5.
NAYS: None ........................................................... 0.
(Mayor Taylor and Council member Bowies were absent.)
BUDGET-GRANTS: The City Manager submitted a written report advising
that Council approved amendment to ADAP-07 Federal Grant by Resolution No.
26452 on April 11, 1983; that the City of Roanoke has received notification
from the State DOA that it has approved the utilization of previously authorized
funds; and the City Administration needs formal authorization to sign State
Grant Amendments.
The City Manager recommended that Council authorize him or the Assistant
City Manager to execute the grant amendment to ADAP~07 offered by the State
DOA to utilize remaining funds, said amendment to extend the termination
date of the State Grant Agreement from December 31, 1982 until June 30,
1984, and to permit the purchase of four snowplow blades.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following Resolution:
(#26520) A RESOLUTION authorizing the City Manager or the Assistant
City Manager to execute, on behalf of the City of Roanoke, Amendment No. 2
to the State Grant Agreement for ADAP Project No. 6-51-0045-07.
(For full text of Resolution, see Resolution Book No. 48, page 87.)
Mr. Harvey moved the adoption of the Resolution. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Trout, Butler, Garland, Harvey, and Vice-Mayor
Musser ..................................................................... 5.
NAYS: None ........................................................... O.
(Mayor Taylor and Council member Bowles were absent.)
BUDGET-PUBLIC ASSISTANCE: The City Manager submitted a written report
advising that Council by Ordinance No. 26018 adopted May 14, 1982, appropriat-
ed funds to various departments operating as the City's Department of
Social Services to provide assistance payments and services to the eligible
citizens 6f the City of Roanoke; and the City's Department of Social Services,
while providing assistance payments and services to the eligible citizens
of the City, has found the caseloads in some categories to be less than
originally estimated, thus causing a surplus of funds in some departments.
ACTION:
ACTION:
653
The City Manager recommended that Council transfer to Contingency
Reserve Account: $80,208.00 to Account No. A01-9410-320-06; and reduce
revenue estimate: $236,057.05.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#26521) AN ORDINANCE to amend and reordain certain sections of the
1982-83 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 88.)
Mr. Trout moved the adoption of the Ordinance. The motion was second-
ed by Mr. Harvey and adopted by the following vote:
AYES: Council members Trout, Butler, Garland, Harvey, and Vice-Mayor
Musser ..................................................................... 5.
NAYS: None ........................................................... 0.
(Mayor Taylor and Council member Bowles were absent.)
BUDGET-HEALTH DEPARTMENT: The City Manager submitted a written report
advising that the Roanoke City Health Department, through a cooperative
budget agreement between the State of Virginia and the City of Roanoke, is
operated as follows: the state employs all staff for department and man-
dates certain health programs; the City may establish other health related
programs as needed; and costs for all programs are shared on a 55% State
and 45% City basis. He further advised that $28,183.00 was returned to the
City of Roanoke by the Health Department from fiscal year 1981-82 operations,
as follows: $667,120.00 was the City's budgeted share of operating expenses
for fiscal year 1981-82, but due to certain factors including a cash basis
of accounting upon which the Health Department operates, less funds were
used, and $638,937.00, was the City's actual share of operating expenses
for fiscal year 1981-82.
It was noted that a four per cent cost-of-living increase for Health
Department employees was granted by the State after approval of the 1982-83
budget (City's local share was level funded at $667,120.00), as follows:
$91,633.00 total cost of salary increases, $41,235.00 City's 45% share of
salary increases.
Mr. Ewert advised that the Realth Department, in order to make up the
$41,235.00 they needed in the City's budgeted share, adjusted their fiscal
year 1982-83 revenue upwards by $13,052.00, leaving a deficit of $28,183.00;
and the Roanoke City Health Department is requesting that City Council
return to its budget, to cover the shortfall the Department is experiencing,
the $28,183.00 deposited with the City Treasurer on November 5, 1982, as
recovered cost in Account No. A01-5110-800-01.
The City Manager recommended that Council appropriate $28,183.00 to
the Roanoke City Health Department Budget to cover cost-of-living raises
granted by the General Assembly for State employees; and funds for this
purpose were omitted from the 1982-83 budget approved by City Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#26522) AN ORDINANCE to amend and reordain certain sections of the
1982-83 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 89.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
654
ACTION:
ACTION:
AYES: Council members Trout, Butler, Garland, Harvey, and Vice-Mayor
Musser ..................................................................... 5.
NAYS: None ........................................................... 0.
(Mayor Taylor and Council me~ber Bowles were absent.)
BUDGET-JUVENILE DETENTION HOME: The City Manager submitted a written
report advising that departments delivering services to youth may, through
the Commonwealth of Virginia, Department of Corrections, apply for a special
allotment of funds from the United States Department of Agriculture's
National School Breakfast Lunch, and Special Milk Program for the purchase
of kitchen and dining room equipment; that the Juvenile Probation House
applied to USDA for funds to purchase equipment and approval was given in
the amount of $3,136.00; that the Crisis Intervention Center applied to the
USDA for funds to purchase equipment and approval was given in the amount
of $5,877.00.
The City Manager recommended that Council appropriate $9,013.00 to the
departments for purchase of dining room and kitchen equipment; that total
appropriation will be 100% reimbursed to the City; that all equipment to be
replaced is old and in very poor condition and in some cases repairs will
exceed the value of the equipment; that equipment may need to be replaced
before the end of the present budget year; that most of the equipment to be
purchased is new service/equipment which will allow for more efficient
preparation, handling, serving or storage of food; and funds must be used
by June 15, 1983, or approval will be rescinded.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#26523) AN ORDINANCE to amend and reordain certain sections of the
1982-83 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 89.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Trout, Butler, Garland, Harvey, and Vice-Mayor
Musser ..................................................................... 5.
NAYS: None ........................................................... 0.
(Mayor Taylor and Council member Bowles were absent.)
WATER DEPARTMENT-EQUIPMENT: The City Manager submitted a written
report concurring in a report of the Bid Committee recommending that the
bid of Berglund Chevrolet, Inc., for furnishing two four-wheel drive vehicles
for use by the Water Department, in the amount of $21,315.81, be accepted.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#26524) AN ORDINANCE providing for the purchase of a new four-wheel
drive one-half ton pickup truck and a new four-wheel drive utility type
vehicle for use by the City, upon certain terms and conditions, by accept-
ing a certain bid made to the City for furnishing and delivering such
vehicles; rejecting certain other bids made to the City; and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 90.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
ACTION:
ACTION:
655
AYES: Council members Trout, Butler, Garland, Harvey, and Vice-Mayor
Musser ..................................................................... 5.
NAYS: None ........................................................... 0.
(Mayor Taylor and Council member Bowles were absent.)
SEWERS AND STORM DRAINS-EQUIPMENT: The City Manager submitted a
written report concurring in a report of the Bid Committee recommending
that the bid of Atlantic Machinery, Inc., for furnishing a vacuum-jet
fodder machine for use by the Utility Line Facilities Department, in the
amount of $93,754.00, be accepted.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#26525) AN ORDINANCE providing for the purchase of a vacuum-jet
rodder for use by the City, upon certain terms and conditions, by accepting
a certain bid made to the City for furnishing and delivering such equipment;
rejecting certain other bids made to the City; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 91.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Dr. Butler and adopted by the following vote:
AYES: Council members Trout, Butler, Garland, Harvey, and Vice-Mayor
Musser ...................................................................... 5.
NAYS: None ............................................................ 0.
(Mayor Taylor and Council member Bowles were absent.)
CITY ATTORNEY:
COUNCIL: The City Attorney submitted a written report advising that
at the Financial and Planning Session on May 16, 1983, Council requested
that the City Attorney review the matter of the summer meeting schedule of
Council to determine whether Council may, by ordinance, adopt such schedule
on a permanent basis rather than adopting the su~er schedule in the
month of May of each year.
Mr. Dibling pointed out that Council meetings are controlled by Section
10 of the City Charter which relates to the organizational meeting, regular
meetings and special meetings; that with respect to regular meetings, this
section merely provides that Council shall hold "at least two regular
meetings each calendar month;" that since the summer meeting schedule would
be in compliance with Section 10 and no other provision of the City Charter
or State Code would prohibit Council's adoption of a summer meeting schedule
of two regular meetings each month, he is of the opinion that Council may
establish a summer meeting schedule of two regular meetings during the
months of June, July and August of each year and that Council may do this
on a permanent basis by the adoption of an appropriate ordinance.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance to provide for the
meeting schedule of Council during the months of June, July and August of
each year:
(#26526) AN ORDINANCE amending and reordaining Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
(1979), as amended, to provide for a regular meeting schedule of City
Council during the months of June, July and August of each year; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 92.)
656
ACTION:
ACTION:
Mr. Trout moved the adoption of the Ordinance. The motion was second-
ed by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Butler, Garland, Harvey and Vice-Mayor
Musser .................................................................... 5.
NAYS: None .......... ~ .............................................. O.
(Mayor Taylor and Council member Bowles were absent.)
DIRECTOR OF FINANCE:
BUDGET-SCHOOLS-TRAFFIC: The Director of Finance submitted a written
report transmitting a budget ordinance accomplishing the intent of Council
at its Financial and Planning Session on Monday, May 16, 1983, pertaining
to a report "with regard to intergovernmental cooperation between City
School administration - repairs to school maintenance vehicles by City
Garage", by raising the Motor Vehicle Maintenance Account $5,000.00 and
increasing a revenue account entitled Motor Vehicle Maintenance - General
Fund by a like amount.
Mr. Schlanger further advised that the budget ordinance accomplishes
the intent of Council with regard to the report entitled "funding for
traffic signal improvements" by transferring $100,000.00 from the 1982
General Obligation Bond Series (Streets and Bridges) and setting up a new
account called Traffic Signal Improvements in the Capital Fund.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#26527) AN ORDINANCE to amend and reordain certain sections of the
1982-83 General and Capital Projects Funds Appropriations, and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 93.)
Mr. Trout moved the adoption of the Ordinance. The motion was second-
ed by Dr. Butler and adopted by the following vote:
AYES: Council members Trout, Butler, Garland, Harvey, and Vice-Mayor
Musser .................................................................... 5.
NAYS: None .......................................................... 0.
(Mayor Taylor and Council member Bowles were absent.)
REPORTS OF COMMITTEES:
CITY PROPERTY-WATER DEPARTMENT: Council member Robert A. Garland,
Chairman of the committee appointed by Council to tabulate bids received
for new air conditioners for the City's Kirk Avenue Office, submitted a
written report of the co~mmittee recommending that the bid of Johnston-Vest
Electrical Corporation, in the amount of $13,388.00 and 45 consecutive
calendar days for completion, be accepted; that funding for the project
will be from Water Department Account No. A02511090501, unidentified plant
replacement; and that all other bids be rejected.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#26528) AN ORDINANCE providing for the purchase and installation of
new air conditioners for the City's Kirk Avenue Office Building, upon
certain terms and conditions, by accepting a certain bid made to the City
for furnishing and installing such equipment; rejecting certain other bids
made to the City; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 93.)
ACTION:
657
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Trout, Butler, Garland, Marvey and Vice-Mayor
Musser ..................................................................... 5.
NAYS: None ........................................................... 0.
(Mayor Taylor and Council member Bowles were absent.)
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
ZONING: Ordinance No. 26486, rezoning property located on the northerly
side of Belle Avenue, N. E., being all of Tract A, consisting of 2.190
acres and all of Tract C, consisting of 1.133 acres of re-subdivision of
Idlewild Park, Official Tax Nos. 3320105 and 3410102, from RD, Duplex
Residential District, to RG-1, General Residential District, subject to
certain proffered conditions, having previously been before the Council for
its first reading on Monday, May 9, 1983, read and adopted on its first
reading and laid over, was again before the body, Mr. Trout offering the
following for its second reading and final adoption:
(#26486) AN ORDINANCE to amend Sections 36-3 and 36-4, Code of the
City of Roanoke (1979), as amended, and Sheet Nos. 332 and 341, Sectional
1976 Zone Map, City of Roanoke, in relation to Zoning, subject to certain
conditions.
(For full text of Ordinance, see Ordinance Book No. 48, page 77.)
Mr. Trout moved the adoption of the Ordinance. The motion was second-
ed by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Butler, Garland, Harvey, and Vice-Mayor
Musser ..................................................................... 5.
NAYS: None ........................................................... O.
(Mayor Taylor and Council member Bowles were absent.)
STREETS AND ALLEYS: Ordinance No. 26487 providing for the permanent
vacating, discontinuing and closing of a portion of Church Avenue, S. W.,
and two alleys, in the City of Roanoke, having previously been before the
Council for its first reading on Monday, May 9, 1983, read and adopted on
its first reading and laid over, was again before the body, Mr. Trout offering
the following for its second reading and final adoption:
(#26487) AN ORDINANCE permanently vacating, discontinuing and closing
a portion of Church Avenue, S. W., and two alleys, in the City of Roanoke,
Virginia, as are more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 48, page 78.)
Mr. Trout moved the adoption of the Ordinance. The motion was second-
ed by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Butler, Garland, Harvey and Vice-Mayor
Musser ..................................................................... 5.
NAYS: None ........................................................... O.
(Mayor Taylor and Council member Bowles were absent.)
MOTIONS AND MISCELLANEOUS BUSINESS: NONE.
INQUIRIES AND/OR CO~giENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
658
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
COUNCIL: Council member Harvey moved that the Administration be request-
ed to report to. Council with regard to changing the third Monday Financial
and ~lanning Session to a regular meeting of City Council. The motion was
."~'seconded by Mr. Trout and adopted.
BUSES: Council member Trout referred to a communication he received
from Ms. Katherine L. Wood, 2501 Wycliffe Avenue, S. W., complaining that
bus stop signs along certain City bus routes in the residential areas have
been removed.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that the matter be referred to the City Manager for
report to the Board of Directors of the Greater Roanoke Transit Company.
The motion was seconded by Mr. Garland and adopted.
OTHER HEARINGS OF CITIZENS: NONE.
At 2:55 p.m., the Vice-Mayor declared the meeting in recess.
At 3:30 p.m., the meeting reconvened in the Council Chamber, with
Vice-Mayor Musser presiding, and all members of the Council present, with
the exception of Mayor Taylor and Mrs. Bowles.
AIR POLLUTION CONTROL BOARD: The Vice-Mayor advised that there is a
vacancy on the Advisory and Appeal Board, Air Pollution Control, for a term
of four years ending December 31, 1985, and called for nominations to fill the
Mr. Harvey placed in nomination the name of Versal R. Denting.
There being no further nominations, Mr. Denting was elected as a
member of the Advisory and Appeal Board, Air Pollution Control, for a term
of four years ending December 31, 1985, by the following vote:
FOR .MR. DEARING: Council members Trout, Butler, Garland, Harvey and
Vice-Mayor Musser .......................................................... 5.
(Mayor Tayor and Council member Bowles were absent.)
YOUTH: The Vice-Mayor advised that the three year terms of Corinne B.
Gott and Sara W. Holland as members of the Youth Services Citizen Board
will expire on May 31, 1983, and called for nominations to fill the vacancy.
Dr. Butler placed in nomination the names of Corinne B. Gott and Sara
W. Holland.
There being no further nominations, Ms. Gott and Mrs. Holland were
reelected as members of the Youth Services Citizen Board for terms of
three years each ending May 31, 1986, by the following vote:
FOR MS. GOTT AND MRS. HOLLAND: Council members Trout, Butler, Garland,
Harvey, and Vice-Mayor Musser ............................................... 5.
(Mayor Taylor and Council member Bowles were absent.)
SCHOOLS-MISCELLANEOUS: Mr. Trout offered the following Resolution in
support of location of the National Electron Accelerator Laboratory at
Virginia Polytechnic Institute and State University:
(#26529) A RESOLUTION in support of location of the National Electron
Accelerator Laboratory at Virginia Polytechnic Institute and State University.
(For full text of Resolution, see Resolution Book No. 48, page 94.)
Mr. Trout moved the adoption of the Resolution. The motion was second-
ed by Mr. Garland and adopted by the following vote:
ATTEST:
659
AYES: Council members Trout, Butler, Garland, Harvey and Vice-Mayor
Musser .................................................................... 5.
NAYS: None .......................................................... 0.
(Mayor Taylor and Council member Bowles were absent.)
There being no further business, the Vice-Mayor declared the meeting
adjourned at 3:35 p.m.
City Clerk
APPROVED
Vice-Mayor
660
REGULAR WEEKLY SESSION .... ROANOKE CITY COUNCIL
June 13, 1983
7:30 p.m.
The Council of the City of Roanoke met in regular meeting in the Council
Chamber in the Municipal Building, City of Roanoke, on Monday, June 13, 1983, at 7:30 p.m.,
the regular meeting hour, pursuant to Section 10 of the Roanoke City Charter, and
Chapter 2, Administration, Section 2-15, Rules of Procedure, of the Code of the City
of Roanoke, 1979, as amended, with Mayor Noel C. Taylor presiding.
PRESENT: Council members Howard E. Musser, James O. Trout, Elizabeth T.
Bowles, Wendell H. Butler, Robert A. Garland, James G. Harvey, II and Mayor Noel C.
Taylor .........................................................................
ABSENT: None ......................................................... 0.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. W. Robert Herbert,
Assistant City Manager; Mr. Wilburn C. Dibling, Jr., City Attorney; Mr. William M.
ttackworth, Assistant City Attorney; Mr. Jesse A. Hall, Administrator of City Account-
ing Services and Ms. Mary F. Parker, City Clerk.
The invocation was delivered by Mayor Noel C. Taylor.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Taylor.
BID OPENINGS:
SEWERS AND STORM DRAINS: Pursuant to notice of advertisement for bids
for construction of Bond Issue Storm Drain Project VII, Lansing Drive, S.
W., to Fairway Drive, S. W.; Brunswick Street, S. W., to Denniston Avenue,
S. W.; and Lee Highway, S. W., to Aerial Way Drive, S. W., said proposals
to be received by the City Clerk until 4:30 p.m., on Monday, June 13,
1983, 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, in the Council
Chamber, the Mayor asked if anyone had any questions about the advertisement
for bids and no representative present raising any question, the Mayor in-
structed the City Clerk to proceed with the opening of the bids; whereupon,
the City Clerk opened and read the following bids:
Bidder
Base Bid With
Alternate #1
Base Bid With
Alternate #2
S. C. Rossi and Company,
Inc., and Allegheny Con-
struction Company, Inc.
E. C. Pace Company, Inc.
Aaron J, Conner, General
Contractor, Inc.
Prillaman and Pace, Inc.
J. P. Turner & Brothers,
Inc.
Wiley N. Jackson Company
$573,983.50
681,368.25
746,622.20
788,273.00
861,537.00
915,074.00
$597,734.00
714,847.75
772,358.80
820,856.00
896,028.00
964,311.50
ACTION:
Dr. Butler moved that the bids be referred to a committee to be appoint-
ed by the Mayor for tabulation, report and recommendation to Council. The
motion was seconded by Mr. Harvey and unanimously adopted.
ACTION:
The Mayor appointed Messrs. Robert A. Garland, Chairman, Kit B. Kiser
amd Richard B. Burrow as members of the committee.
STREETS AND ALLEYS: Pursuant to notice of advertisement for bids for
paving of various streets within the City of Roanoke, said proposals to be
received by the City Clerk until 4:30 p.m., on Monday, June 13, 1983, and
ACT ION:
ACTION:
ACT ION:
ACTION:
661
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 in the Council Chamber,
the Mayor asked if anyone had any questions about the advertisement for
bids, and no representative present raising any question, the Mayor instruct-
ed the City Clerk to proceed with the opening of the bids; whereupon, the
City Clerk opened and read the following bids:
Bidder Base Bid
Alternate No. 1
Adams Construction Company and
Virginia Asphalt Paving Co.,
Inc.
John A. Hall and Co., Inc. and
S. R. Draper Paving Co., Inc.
L. H. Sawyer Paving Co., Inc.
$798,620.86
860,355.20
889,301.03
$29,000.00
32,500.00
52,500.00
Dr. Butler moved that the bids be referred to a committee to be appoint-
ed by the Mayor for tabulation, report and recommendation to Council. The
motion was seconded by Mr. Harvey and unanimously adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman, Thomas F.
Brady and Richard B. Burrow as members of the committee.
PUBLIC WORKS: Pursuant to notice of advertisement for bids for storage
buildings at the Public Works Service Center, said proposals to be received
by the City Clerk until 4:30 p.m., on Monday, June 13, 1983, 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 in the Council Chamber, 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:
Construction Services of Roanoke,
Boxley Construction Company
Hodges Lumber Corporation
Breakell, Inc.
W. J. Blane, Inc.
Avis Construction Company, Inc.
S. Lewis Lionberger Company
Thor, Inc.
J. M. Turner & Company, Inc.
89,943.00
101,390.00
104,209.00
108,700.00
109,945.00
114,400.00
119,950.00
121,260.00
121,900.00
Dr. Butler moved that the bids be referred to a committee to be appoint-
ed by the Mayor for tabulation, report and recommendation to Council, The
motion was seconded by Mr. Harvey and unanimously adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman, Thomas F.
Brady and Kit B. Kiser as members of the co~nittee.
INDUSTRIES-ROANOKE CENTRE FOR INDUSTRY AND TECHIqOLOGY: Pursuant to
notice of advertisement for bids for the lease and development of a 48.224
acre parcel of land in the Roanoke Centre for Industry and Technology,
(Centre), situate north of Orange Avenue, N. E., in the City, identified as
Parcel 2 of the Centre, said proposals to be received by the City Clerk until
4:30 p.m., on Monday, June 13, 1983, 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 in the Council Chamber, 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
proposal received from Cooper Industries, Inc., to lease, with the option
to purchase, for a term of forty years, for the totai sum of $400,000.00,
a 48.224-acre parcel of land in the Roanoke Centre for Industry and Technology.
(For full text, see proposal on file in the City Clerk's Office.)
662
ACTION:
ACTION:
ACTION:
ACTION:
Dr. Butler moved that the proposal be referred to a committee to be
appointed by the Mayor for study, report and ~ecommendation to Council.
The motion was seconded by Mr. Harvey and unanimously adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman, Thomas F.
Brady, Kit B. Miser, Brian J. Wishneff, and William M. Hackworth as members
of the committee.
AIRPORT: Pursuant to notice of advertisement for bids for the lease
of all that certain tract or parcel of land, comprising the southwesterly
portion of the southwest clear zone of Roanoke Municipal (Woodrum) Airport,
lying west of Route 581, said property to be used during the term of the
lease exclusively for the construction and maintenance of a golf course and
for that purpose only, said proposals to be received by the City Clerk
until 4:30 p.m., on Monday, June 13, 1983, 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 in the Council Chamber, 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 Builders Investment Group, as follows:
" ..... Builders Investment Group therefore offers to lease
for the additional term set forth above on the same terms
and conditions as in its existing lease with the City of
Roanoke, except that the annual rental rate for each year
of the period November 15, 1995 through November 14, 2008
will be as follows:
$1000 multiplied by a fraction, the numerator
of which is the United States Department of
Labor Statistics Consumer Price Index (U.S. City
Average, Urban Wage Earners & Clerical Workers,
All Items (1967 ~ 100)) for the immediately pre-
ceding calendar year and the denominator of which
is the Consumer Price Index for 1965."
(For full text, see proposal on file in the City Clerk's Office.)
Dr. Butler moved that the proposal be referred to a committee to be
appointed by the Mayor for study, report and recommendation to Council. The
motion was seconded by Mr. Harvey and unanimously adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman, Mit B. Kiser
and Thomas F. Brady 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 set a public hear-
ing for Monday, June 13, 1983, at 7:30 p.m., or as soon thereafter as the
matter may be heard in the Council Chamber, on the request of Gerald D.
Simmons and David P. Hamblin that an alley located between 18th and 19th
Streets, N. E., being approximately 12 feet in width and leading northerly
approximately 240 feet from Yeager Avenue to East Gate Avenue, N. E., be
permanently vacated, discontinued and closed, the matter was before the
body.
Legal advertisement of the public hearing was published in the evening
editions of The Roanoke Times & World-News on Friday, May 27, 1983, and
Friday, June 3, 1983.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the C~ty Planning Comm~ission recommending that the request
be approved was before Council.
(For full text, see report on file in the City Clerk's Office.)
ACT ION:
· No one appearing before Council with regard to the request, Mrs.
Bowles moved that the following Ordinance be placed upon its first reading:
(#26530) AN ORDINANCE permanently vacating, discontinuing and closing
an alley located between 18th and 19th Streets, N. E,, in the City of
Roanoke, as is more particularly described hereinafter.
The motion was seconded by Mr. Trout and adopted by the following
vote:
663
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor .......................................................... 7.
NAYS: None .......................................................... O.
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having set a public hearing
for Monday, June 13, 1983, at 7:30 p.m., or as soon thereafter as the
matter may be heard in the Council Chamber, on the request Trans-World
Enterprises that a portion of an alley bounded by 13th Street and Jamison
Avenue, S. E., be permanently vacated, discontinued and closed, the matter
was before the body.
Legal advertisement of the public hearing was published in the evening
editions of The Roanoke Times & World-News on Friday, May 27, 1983, and
Friday, June 3, 1983.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending that the request
be approved, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Jack V. Place, Attorney, representing the petitioner, appeared
before Council in support of the request of his client.
ACTION:
No other person appearing before Council with regard to the matter,
Mr. Trout moved that the following Ordinance be placed upon its first
reading:
(#26531) AN ORDINANCE permanently vacating, discontinuing and. closing
a portion of an alley bounded by 13th Street and Jamison Avenue, S. E., in
the City of Roanoke, Virginia, asis more particularly described hereinafter.
The motion was seconded by Mr. Garland and adopted by the following
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor .......................................................... 7.
NAYS: None ........................................................... O.
ZONING: Pursuant to Resolution No. 25523 adopted by the Council on
Monday, April 6, 1981, the City Clerk having set a public hearing for Monday,
June 13, 1983, at 7:30 p.m., or as soon thereafter as the matter may be
heard, in the Council Chamber, on the request of the City of Roanoke that a
parcel of land lying on the northerly side of U. S. Route 460, consisting
of 15.198 acres, identified as Official Tax No. 7160102, be rezoned from
RS-3, Single Family Residential District, to LM, Light Manufacturing District,
the matter was before the body.
Legal advertisement of the public hearing was published in the evening
editions of The Roanoke Times & World-News on Friday, May 27, 1983, and
Friday, June 3, 1983.
(See pub%isher's affidavit on file in the City Clerk's Office.)
664
ACTION:
ACTION:
A report of the City Planning Co~ission recommending that the request
be granted, was before Council.
(For full text, see report on file in the City Clerk's Office.)
No one appearing before Council with regard to the matter, Mrs.
Bowles moved that the following Ordinance be placed upon its first reading:
(#26532) AN ORDINANCE to amend Sections 36-3 and 36-4, Code of the
City of Roanoke (1979), as amended, and Sheet No. 716, Sectional 1976 Zone
Map, City of Roanoke, in relating to Zoning.
The motion was seconded hy Dr. Butler and adopted by the following
vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor ........................................................... 7.
NAYS: None ........................................................... 0.
ZONING: Council having previously set a public hearing for Monday,
June 13, 1983, at 7:30 p.m., or as soon thereafter as the matter may be
heard in the Council Chamber, on the request of Paul G. Jamison, Agent for
Lynn Avis and George Preas, that conditions proffered in conjunction with
the rezoning of three tracts of land located on the southerly side of
Roberts Road, S. W., be changed in order to permit a 24-month extension of
rezoning and to permit a change in the original development plans, the
matter was before the body.
Legal advertisement of the public hearing was published in the evening
editions of The Roanoke Times & World-News on Friday, May 27, 1983, and
Friday, June 3, 1983.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending that the request
be approved, was before Council.
(For full text, see report on file in the City Clerk's Office.)
No one appearing before Council with regard to the matter, Mr. Trout
moved that the following Ordinance be placed upon its first reading:
(#26533) AN ORDINANCE amending Ordinance No. 25603, adopted June 22,
1981, rezoning, subject to certain conditions, certain property located on
the southerly side of Roberts Road in the City and designated on the Tax
Appraisal Map of the City as Official Tax Nos. 1290108 and 1290124, and
providing for an effective date.
The motion was seconded by Mr. Garland and adopted by the following
vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor ........................................................... 7.
NAYS: None ........................................................... O.
COUNCIL: The City Manager orally requested that Council meet in
Executive Session to discuss a legal matter within the jurisdiction of the
public body, being the terms and conditions of a contract in negotiation,
pursuant to Section 2.1-344 (a) (6), Code of Virginia (1950), as amended;
Mr. Trout moved that Council concur in the request to convene in
Executive Session to discuss a legal matter within the jurisdiction of the
public body, being the terms and conditions of a contract in negotiation,
pursuant to Section 2.i-344 (a) (6), Code of Virginia (1950), as amended.
The motion was seconded by Mrs. Bowles and adopted by the following vote:
ACTION:
665
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor ........................................................ 7.
NAYS: None .............................. ........................... 0.
At 8:00 p.m., the Mayor declared the meeting in recess.
At 8:10 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all members of the Council present.
PLANNI~G-GR~NTS: The Office of Community Planning having previously
set a public hearing for Monday, June 13, 1983, at 7:30 p.m., or as soon
thereafter as the matter may be heard in the Council Chamber, to receive
citizen comments on the City's Supplemental Appropriation to the fiscal
year 1983-84 Community Development Block Grant Program, the matter was
before the body.
Legal advertisement of the public hearing was published in the evening
edition of The Roanoke Times & World-News on Saturday, June 4, 1983; and in
the Thursday, June 9, 1983, edition of the Roanoke Tribune.
(See publisher's affidavit on file in the City Clerk's Office.)
The City Manager submitted a written report advising that the City of
Roanoke has received a Community Development Block Grant entitlement from
the Department of Housing and Urban Development each of the last eight
years; that the fiscal year 1983 C.D.B.G. Program was approved by Council
in a public hearing on May 9, 1983'; that HUD announced a supplemental
appropriation to the fiscal year 1983 C.D.B.G. Program in a letter received
on May 2, i983 ($575,000.00); that the Citizen Participation Plan requires
at least two public hearings for the C.D.B.G. Program; that the first
public hearing was conducted on May 31, 1983, to accept citizen comments on
the Proposed Statement of Community Development Objectives and Projected
Use of Funds; that citizen recommendations at the first public hearing
involved program administration and job training and both of these recommenda-
tions are included in the Final Statement of Community Development Objectives
and Projected Use of Funds; and the second public hearing is being held at
the present time so that Council may take action on the Final Statement of
Community Development Objectives and Projected Use of Funds.
The City Manager further advised that HUD requires submission of the
Final Statement of Community Development Objectives and Projected Use of
Funds by July 1, 1983; that the Citizen Participation Plan requires that
Council consider that document at its evening public hearing date, but may
defer action to another session.
The City Manager recommended that Council adopt the Final Statement of
Objectives and Projected Use of Funds, as presented in a proposed document
attached to the report; and authorize distribution of the fiscal year 1983
C.D.B.G. supplemental appropriation in accordance with the schedule outlined
in the Final Statement of Community Development Objectives and Projected
Use of Funds. (The title and description of the City's project is as follows:
Community Development Block Grant - Jobs Act Entitlement to improve the
residential quality of the City, with special emphasis on low-and moderate-
income areas, by providing rehabilitation assistance, historic preservation,
job training and public improvements.
(For full text, see report on file in the City Clerk's Office.)
Ms. Gretchen Notermann, representing the Mountain View Neighborhood
Alliance, appeared before Council and spoke in support of the $40,000.00
allocated for West End Park.
Mr. Trout offered the following emergency Ordinance:
(#26534) AN ORDINANCE to amend and reordain certain sections of the
1982-83 Grant Fund Appropriations and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 95.)
666
ACTION:
ACTION:
ACTION:
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor ........................................................... 7.
NAYS: None .......................................................... 0.
Mr. Trout offered the following Resolution:
(#26535) A RESOLUTION authorizing the City Manager to execute and
submit a Final Statement of Objectives and Projected Use of Funds to the
United States Department of Housing and Urban Development to enable the
City to receive additional Community Development Block Grant Funds for
Fiscal Year 1983.
(For full text of Resolution, see Resolution Book No. 48, page 96.)
Mr. Trout moved the adoption of the Resolution. The motion was seconded
by Mr. Musser and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor ...... r .................................................... 7.
NAYS: None ........................................................... O.
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda are
considered to be routine by the members of Council and will be enacted by
one motion in the forms listed on the Consent Agenda and if discussion is
desired, that item will be removed from the Consent Agenda and considered
separately. He called particular attention to an Executive Session to
discuss personnel matters relating to vacancies on various authorities,
boards, committees and commissions appointed by Council; and a request to
discuss a matter of pending litigation.
MINUTES: Minutes of the regular meeting of Council held on Monday,
May 9, 1983; the special meeting held on Thursday, May 12, 1983; the special
meeting held on Monday, May 16, 1983; and the regular meeting held on
Monday, May 23, 1983, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded by
Mr. Musser and adopted by the following vote:
AYES: Council members Musser, Trout, Bowies, Butler, Garland, Harvey
and Mayor Taylor ........................................................... 7.
NAYS: None ........................................................... 0.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by Council,
pursuant to Section 2.1-344. (a) (1), Code of Virginia (1950), as amended,
was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request to convene in
Executive Session to discuss personnel matters 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, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor ......................................................... 7.
NAYS: None ......................................................... 0.
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
667
CELEBRATIONS: A communication from Mr. Barton W. M~rris tenderin~ his
resignation as a member of the Special Events Committee, was before Council.
(For full text, see co,~unication on file in the City Clerk's Office.)
Mr. Trout 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 Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor ......................................................... 7.
NAYS: None .......................................................... 0.
COUNCIL: A report of the City Attorney requesting an Executive Session
to discuss a matter of pending litigation, pursuant to Section 2.1-344 (a)
(6), Code of Virginia (1950), as amended, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request to convene in
Executive Session to discuss a matter of pending litigation, pursuant to
Section 2.1-344 (a) (6), Code of Virginia (1950), as amended. The motion
was seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor ........................................................... 7.
NAYS: None ......................................................... 0.
PENDING LIST: A list of items pending from July 10, 1978, through May
23, 1983, was before Council.
(For full text, see pending list on file in the City Clerk's Office.)
Mr. Trout moved that the pending list be received and filed. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor .......................................................... 7.
NAYS: None ......................................................... 0.
LIBRARIES: The report of qualification of Katherine G. Cochran as a
member of the Roanoke City Public Library Board to fill the unexpired term
of Mrs. William B. Bagbey, deceased, ending June 30, 1983, was before
Council.
(See Oath of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Musser and adopted by the following
vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor ........................................................... 7.
NAYS: None ................ ~ .......................................... 0.
AIR POLLUTION: The report of qualification of Versal R. Dearing as a
member of the Advisory and Appeal Board, Air Pollution Control, for a term
of four years, ending December 31, 1985, was before Council.
(See Oath of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Musser and adopted by the following
vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor ........................................................... 7.
NAYS: None ........................................................... 0.
668
ACT ION:
ACTION:
ACTION:
SCMOOLS: The report of qualification of Briggs W. Andrews as a
Trustee of the Roanoke City School Board for a term of three years commenc-
ing July 1, 1983, and ending June 30, 1986, was before Council.
(See Oath of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Musser and adopted by the following
vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor .......................................................... 7.
NAYS: None ........................................................ O.
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke City School Board
advising of an approved reduction of $30,956.00 in their fiscal year 1984
budget request in order to comply with an ordinance adopted by Council on
May 12, 1983, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Garland moved that the co~unication be received and filed. The
motion was seconded by Dr. Butler and unanimously adopted.
BUDGET-SCHOOLS: A communication from the Roanoke City School Board
requesting that Council authorize the following, transfer of funds in order
to provide for teacher salary costs:
To: Instruction
$ 135,000.00
From:
Administration
Food Services
Fixed Charges
Contingency
$ 30,000.00
30,000.00
15,000.00
60~000.00
$ 135,000.00
was before Council.
A further communication from the Roanoke City School Board requesting
that Council appropriate $80,249.00 to Account A354107 for ECIA Chapter I
Summer 83-2, all expenditures to be reimbursed by federal funds, was also
before the body.
(For full text, see communication on file in the City Clerk's Office.)
A report of the Director of Finance advising that he has reviewed the
above requests, noting that the appropriation transfers are requested to
provide funds for teacher salary costs; and funding for the ECIA Chapter I
Su~m~er Program is 100% reimbursable by federal funds; and recommending that
Council concur in the requests of the School Board, was before the body.
(For full text, see report on file in the City Clerk's Office.
Mr. Garland offered the following emergency Ordinance:
(#26536) AN ORDINANCE to amend and reordain certain sections of the
1982-83 General and Grant Funds Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 96.)
669
Mr. Garland moved the adoption of the Ordinance. The motion was seconded
by Dr. Butler and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor ............................................................ 7.
NAYS: None ........................................................... 0.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
ROANOKE CITY ARTS COMMISSION: The City Manager submitted a written
report advising that on March 28, 1983, the Roanoke City Arts Commission
requested that Council establish an Arts Commission for the City of Roanoke,
and Council referred the matter to the City Manager for s~udy and recommenda-
tion.
Mr. Ewert advised that representatives of the Office of City Manager
and City Attorney met with Mr. Richard Meagher, Acting Chairman of the Arts
Commission, and agreed to certain changes in the proposed ordinance presented
to Council on March 28, 1983.
The City Manager recommended that Council adopt an ordinance establish-
ing an Arts Commission for the City of Roanoke, which shall advise and
assist City Council on matters relating to the advancement of the arts and
humanities within the City.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
Mrs, Bowles moved that the following Ordinance be placed upon its
first reading:
(#26537) AN ORDINANCE adding new sections 2-270 through and includ-
ing 2-272 to the Code of the City of Roanoke (1979), as amended, creating
and establishing an Arts Commission for the City, setting out duties and
responsibilities, and providing for certain organizational matters relating
thereto.
(For full text of Ordinance, see Ordinance Book No.
The motion was seconded by Mr. Garland and adopted by the following
vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor ........................................................... 7.
NAYS: None .......................................................... O.
CITY EMPLOYEES-FIRE DEPARTMENT: The City Manager submitted a written
report advising that Resolution No. 4748 established a policy for payment
of regular salaries in lieu of other compensation paid by the City, to
employees of the Police and Fire Departments absent from duty due to line
of duty injuries, not to exceed 60 days provided, however, that Council may
consider paying the employee injured in the line of duty for additional
time absent from their regular duty, but in no event will payment be made
until authorized by Council.
Mr. Ewert advised that on June 8, 1983, J. C. Saunders, a Fire Lieutenant,
was injured in the line of duty while operating the tiller of No. 1 ladder
truck at Reserve Avenue and Franklin Road, S. W.; that Lieutenant Saunders
did not contribute to the cause of the accident; and on April 4, 1983,
Council by Resolution No. 26436, extended the pay benefits provided for by
Resolution No. 4748 for an additional period of 60 days beginning April 4,
1983, and ending June 2, 1983.
670
ACTION:
It was noted that Mr. Saunders was hospitalized following the accident
and r~m~ins absent from duty due to injuries received; that Mr. Saunders
has not been released by his physician to return to duty; and Council
authorization is required for 1/3 regular salary supplement payment to Mr.
Saunders during his continued absence from duty due to line. of duty injuries,
which is in addition to tax free workmen's compensation payments.
The City Manager recommended that Council authorize regular pay for an
additional 60 days from June 30, 1983, and to be retroactive from June 2,
1983.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
(#26538) A RESOLUTION extending the pay benefits provided for by
Resolution No. 4748, for a certain emergency service employee.
(For full text of Resolution, see Resolution Book No. 48, page 97.)
Mr. Trout moved the adoption of the Resolution. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor .......................................................... 7.
NAYS: None .......................................................... O.
SEWERS AND STORM DRAINS: The City Manager submitted a written report
advising that the second year of a five year contract with Bio-Gro for
removal and disposal of sludge from the Sewage Treatment Plant expires on
June 11, 1983; that the second year contract required Bio-Gro to haul a
minimum of 11,000 dry tons and up to a maximum of 15,000 dry tons at $77.36
per dry ton; that wet weather curtailed the current year's efforts to the
extent that Bio-Gro will have only hauled approximately the minimum of
11,000 dry tons; that a third year proposal from Bio-Gro has been received
to haul a minimum of 11,000 dry tons and a maximum of 15,000 dry tons for
$80.07 per dry ton, and this proposal is in keeping with the original bid
documents, noting that Council has the option to renew the contract each
year up through the maximum of the fifth year; and a telephone conversation
to be followed in writing has resulted in the following emended proposal
from Bio-Grot
4,000 dry tons @ 77.36
$309,440.00
7,000 dry tons @ 80.07
560,490.00
11,000 minimum
869,930.00
It was pointed out that funds budgeted in fiscal year 1983 are $1,000,000.00
and the City's option for additional tonnage is calculated as follows:
Budget amount
$1,000,000.00
Minimum amount
869,930.00
Difference $ 130,070.00
Additional tonnage funded:
$ 130,070.00 £ $80;07 = 1,623.6
The City Manager recommended that Council agree to an amendment to the
current Bio-Gro contract to provide for a third year quantity and price,
as follows:
4,000 dry tons @ 77.36
$309,440.00
7,000 dry tons @ 80.07
560,490.00
11,000 dry tons (sub-total minimums)
$869,930.00
1,623 dry tons @ 80.07 (optional
129,953.61
12,623 dry tons (total maximums
$999,883.61
(For full text, see report on file in the City Clerk's Office.)
ACT ION:
Mrs. Bowles offered the 'following emergency Ordinance:
671
(#26539) AN ORDINANCE accepting a proposal and awarding a contract
for removal and disposal of sludge from the Sewage Treatment Plant; authoriz-
ing the proper City officials to execute the requisite.contract documents;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 98.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Dx. Butler and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor ......................................................... 7.
NAYS: None .......................................................... 0.
EQUIPMENT-CONTRACTS: The City Manager submitted a written report
advising that the central copy machine for the Municipal Complex is five
years old; that a central copier has a capacity of 30,000 to 45,000 copies
per month; that the Commonwealth of Virginia, Department of General Services,
through their bidding procedures, has contracted for copiers that produce
100,000 copies per month; and the City of Roanoke is allowed to use contracts
bid by the Commonwealth of Virginia, Department of General Services.
It was noted that the output of the central copy machine is presently
100,000 plus copies per month; that down time of the existing copier averages
5.9 hours per week because of use beyond manufacturers recommended capacity;
that cost avoidance of $540.00 per month can be created by renting a new
centralized copier and the relocation of existing city owned copiers.
The City Manager reco~ended that Council award a twelve month rental
contract to the lowest responsible bidder, Xerox Corporation, Inc., for the
amount of $20,860.00, to provide one Series 9210 Photo Copier for Management
Services.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
Mr. Trout offered the following emergency Ordinance:
(#26540) AN ORDINANCE providing for the City's entry into a rental
contract with Xerox Corporation, Inc., for a photocopy machine; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 99.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor .......................................................... 7.
NAYS: None ......................................................... 0.
BUDGET-LIBRARIES: The City Manager submitted a written report advising
that lack of a book security system at the main City Library causes losses
in the reference section and other selected shelf areas, of particular
interest to thieves, of approximately 500 items per year, with a dollar
value somewhere between $5,000.00 and $10,000.00; and cost of a State-of-
the-Art Security System for the reference section and areas of particular
interest to thieves (but not the entire Library) would cost approximately
$22,000.00.
It was noted that the Roanoke Public Library Foundation has proposed
to share the cost of a security system on a 60%/40% basis: $13,200.00 paid'
by the Library Foundation and $8,800.00 paid by the City of Roanoke.
672
ACTION:
ACTION:
ACTION:
The City Manager recommended that Council appropriate $8,800.00 to
Join with the Library Foundation in the purchase of installation of a book
security system for the main Library, with $8,800.00 being transferred from
the Contingency Reserve Account to the Main Library Construction account.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#26541) AN ORDINANCE to amend and reordain certain sections of the
1982-83 General and Capital Projects Funds Appropriations, and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 99.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mr. Musser and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor ........................................................... 7.
NAYS: None .......................................................... 0.
BUDGET-LIBRARIES: The City Manager submitted a written report advising
that vandals broke into the Melrose Branch Library and destroyed materials,
equipment and books; that the Director of Human Resources requested that
the Office of City Engineer design a security grille system for the two
main entrances at the Melrose Branch Library and this was done and the
material was sent to four responsible bidders that have been active in
bidding this type of work for the City; and bids were received by the
Manager of Purchasing and Materials Control on May 17, 1983, with Hodges
Lumber Company submitting the low bid of $7,578.00.
The City Manager recommended that a lump sum contract be awarded to
Hodges Lumber Company, in the amount of $7,613.00, which includes their
base bid plus Addendum 1, and a contruction time of two weeks after delivery
of the security grilles; authorize the transfer of $7,613.00 from the
General Fund Contingency Reserve Account to an account as established by
the Director of Finance for this project; and reject all other bids received
therefor.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#26542) AN ORDINANCE to amend and reordain certain sections of the
1982-83 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 100.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor .......................................................... 7.
NAYS: None ......................................................... 0.
Mrs. Bowles offered the following emergency Ordinance:
(#26543) AN ORDINANCE accepting a bid and awarding a contract for
the installation of security grilles for the Northwest (Melrose) Library;
authorizing the proper City officials to execute the requisite contract;
rejecting certain other bids made therefor; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 101.)
ACTION:
ACTION:
673
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor ......................................................... 7.
NAYS: None .......................................................... O.
BUDGET-CITY EMPLOYEES: The City Manager submitted a written report
advising that Workmen's Compensation is defined as "exclusive remedy, under
law, for all covered employees, for compensating injuries and occupational
diseases arising in the course of, and within the scope of employment";
that funds are budgeted each fiscal year to cover anticipated workmen's
compensation benefits and medical payments; that 1982-83 budgeted funds
were $75,000.00 for compensation benefits and $75,000.00 for medical payments;
and budget appropriation for workmen's compensation is based on prior
year's history.
It was noted that prior to the current fiscal year, heart and lung
disability claims were not filed under workmen's compensation; that as of
April 30, 1983, $82,000.00 has been paid for heart and lung claims during
fiscal year 1982-83; and increased medical cost for physicians and treatment
of work related claims result in higher workmen's compensation expense.
The City Manager reconnnended that Council appropriate additional funds
from the General Fund Contingency to provide for payments of existing Work-
men's Compensation and medical payment claims for the remainder of fiscal
year 1982-83, in the amount of $92,000.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency Ordinance:
(#26544) AN ORDINANCE to amend and reordain certain sections of the
1982-83 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 101.)
Mr. Harvey moved the adoption of the Ordinance. The motion was seconded
by Mr. Musser and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor .......................................................... 7.
NAYS: None .......................................................... 0.
CITY ATTORNEY:
TRAFFIC-SCHOOLS: The City Attorney submitted a written report transmitting
an ordinance amending the City Code pursuant to a request of Virginia
Western Connnunity College that it be permitted to install parking meters on
the College campus and enforce parking meter regulations pertaining thereto,
as well as to enforce regulations pertaining to parking in spaces designated
for limited time parking.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler moved that the following Ordinance be placed upon its first
reading:
(#26545) AN ORDINANCE to amend Sections 20-69 and 20-78 of the Code
of the City of Roanoke (1979), as amended, and to add a new Section 20-77.1
to said Code, in order to permit the installation of parking meters on the
campus of Virginia Western Community College, and to provide for certain
overtime parking and parking meter regulations for said College.
(For full text of Ordinance, see Ordinance Book No.
674
ACT ION:
ACTION:
The motion was seconded by Mr. Garland and adopted by the following
vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor .......................................... v--- ............ 7.
NAYS: None ........................................................... 0.
DIRECTOR OF FINANCE:
BUDGET-CITY EMPLOYEES: The Director of Finance submitted a written
report advising that the 1983 fiscal year budget includes $500,000.00 of
anticipated lapse of salary and wages; that the majority of changes on a
proposed budget ordinance will reduce various departmental salary and wage
budgets and eliminate the remaining budgeted lapse; that the salary and
wage lapse available exceeds the remaining budgeted amount by $8,200.00,
and the General Fund Contingency Reserve is being increased by this amount.
Mr. Schlanger advised that the budgeted salary and wage lapse has been
reduced during the current fiscal year as follows:
Original budgeted amount $ 500,000
First quarter lapse realized (162,744)
Second quarter lapse realized (173,190)
Third quarter lapse realized (122,230)
Fourth quarter lapse realized to 5/31/83 (41,836)
Budget amount to be realized $ - 0 -
The Director of Finance recommended adoption of a proposed budget
ordinance.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#26546) AN ORDINANCE to amend and reordain certain sections of the
1982-83 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 102.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey,
and Mayor Taylor .......................................................... 7.
NAYS: Noner .......................................................... 0.
REPORTS OF COMMITTEES:
SALE/PURCHASE OF PROPERTY-CITY PROPERTY: Council member Elizabeth T.
Bowles, Chairman of the Water Resources Committee, presented a written
report of the committee recommending authorization for acquisition of the
Knights of Pythias Building, 310-312 Campbell Avenue, S. W., Official Tax
No. 1011330, Lots 9, 10, 11 and 12, Map of W. W. Coe, and that $85,000.00
be transferred therefor.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance transferring the
requested funds:
(#26547) AN ORDINANCE to amend and reordain certain sections of the
1982-83 General and Capital Projects Funds Appropriations, and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 103.)
ACTION:
ACTION:
675
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor ........................................................... 7.
NAYS: None .......................................................... O.
Mrs. Bowles offered the following emergency Ordinance:
(#26548) AN ORDINANCE providing for the exercise of an option and the
City's acquisition of the Knights of Pythias Building, located at 310-312
Campbell Avenue, S. W., and being a portion of Lots 9, 10, 11 & 12, Map of
W. W. Coe, bearing Official Tax No. 1011330, in the City of Roanoke, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 104.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor .......................................................... 7.
NAYS: None ..................................................... T ..... 0.
The City Manager assured the members of Council that all vacant space
will be utilitzed, assuring that certain state offices are relocated to the
old post office building.
PARKS AND PL~YGROUNDS-CITY'PROPERTY: Council member Elizabeth T.
Bowles, Chairman of the Water Resources Committee, presented a written
report of the committee recommending authorization to amend the current
lease with Roanoke Transportation Museum, Inc., for the Transportation
Museum in order to add a certain small portion of Wasena Park to the
current leased premises.
(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:
(#26549) AN ORDINANCE authorizing and providing for an amendment to a
lease dated May 1, 1977 between the City of Roanoke and Roanoke Transpor-
tation Museum, Inc., in order to add certain property to the leased premises
upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 48, page
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor .......................................................... 7.
NAYS: None .......................................................... 0.
BUDGET-FIRE DEPARTMENT: Council member Robert A. Garland, Chairman of
the committee appointed by the Mayor to tabulate bids received for cupola
and cornice repair at Fire Station No. 1, 13 East Church Avenue, presented
a written report of the committee reco~ending that a lump sum contract be
awarded to Acorn Construction Co., Ltd., in the amount of $18,750.00 and a
construction time of 45 consecutive calendar days, that a contingency of
$3,250.00 be established, and that $7,613.00 be transferred from the General
Fund Contingency Reserve Account to an account as established by the Director
of Finance for said project.
(For full text, see report on file in the City Clerk's Office.)
676
ACTION:
ACTION:
ACTION:
Mr. Garland offered the following emergency Ordinance:
(#26550) AN ORDINANCE to amend and reordain certain sections of the
1982-83 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 105.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor .......................................................... 7.
NAYS: None ........................................................... 0.
Mr. Garland offered the following emergency Ordinance:
(#26551) AN ORDINANCE accepting the bid of Acorn Construction Co.,
Ltd., for repair of Fire Station No. 1, upon certain terms and conditions,
and awarding a contract therefor; authorizing the proper City officials to
execute the requisite contract for such work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 106.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor .................................. ~ ........................ 7.
NAYS: None ........................................................... 0.
CITIZENS' SERVICES COMMITTEE-BUDGET: Mr. Harold P. Kyle, member of
the Citizens' Services Committee, appeared before Council and presented a
written report of the Committee making certain recommendations with regard
to funding of qualified agencies for fiscal year 1983-84, requesting that
Council concur in the funding of the agencies in the amounts recommended by
the Committee as shown on a proposed schedule; that Council authorize the
Chairman of the Citizens' Services Committee and the Director of Finance to
not release funds to any agency until objectives, activities and other
reasonable requests of the evaluatioN team are submitted and accepted; and
that $6,360.00 be transferred from the Citizens' Services Committee Budget,
Contributions, to Director of ~,m~u Resources, Fees for Professional Services,
for payment of performance audits.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler offered the following emergency Ordinance:
(#26552) AN ORDINANCE to amend and reordain certain sections of
the 1983-84 General Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 106.)
Dr. Butler moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor ....................... ~ ................................... 7.
NAYS: None ........................................................... 0.
BUDGET-AIRPORT: A report of the Airport Advisory Commission recom-
mending that Council approve the selection of Delta Associates, Inc., to
conduct an Airport Master Plan Study and Noise Contour Update, at Roanoke
Municipal Airport, Woodrum Field, at a cost of $89,296.00, was before the
body.
(For full text, see reports on file in the City Clerk's Office.)
ACT 1ON:
ACT ION:
ACTION:
ACTION:
677
Mr. Harvey offered the following emergency Ordinance transferring
$90,000.00 from Capital Outlay Airport Master Plan to Airport Five Year
Capital Improvement Program:
(#26553) AI~ ORDINANCE to amend and reordain certain sections of the
1982-83 Airport Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 107.)
Mr. Harvey moved the adoption of the Ordinance. The motion was seconded
by Mr. Musser and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor ........................................................... 7.
NAYS: None ........................................................... O.
Mr. Harvey offered the following emergency Ordinance:
(#26554) AN ORDINANCE approving the selection of Delta Associates,
Inc., to conduct an Airport Master Plan Study and Noise Contour Analysis
Update; authorizing the City Manager to enter into a contract with Delta
Associates, Inc., to conduct an Airport Master Plan Study and Noise Contour
Analysis Update; authorizing the City Manager to enter into the appropriate
grant agreements with the State and Federal governments; and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 107.)
Mr. Harvey moved the adoption of the Ordinance. The motion was seconded
by Mr. Musser and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor ........................................................... 7.
NAYS: None ........................................................... 0.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
BUSES: The Secretary of the Greater Roanoke Transit Company was
requested to place a matter with regard to removal of bus stop signs in
residential districts on the agenda of the Board of Directors of the Greater
Roanoke Transit Company at its meeting on Monday, June 27, 1983.
OTHER HEARINGS OF CITIZENS: NONE.
At 9:10 p.m., the Mayor declared the meeting in recess.
At 9:55 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all members of the Council present.
PARKS AND PLAYGROUNDS: The Mayor advised of the need to appoint two
additional members to the Citizens' Advisory Committee, City-Wide Park
Study, and called for nominations therefor.
Mr. Harvey placed in nomination the names of Gretchen E. Notermann
and Nancy J. Vudragovich.
There being no further nominations, Mrs. Notermann and Mrs. Vudragovich
were elected as members of the Citizens' Advisory Committee, City-Wide Park
Study, for terms ending June 30, 1983, by the following vote:
¥ORMRS. NOTERMANN AND MRS. VUDRAGO¥ICH: Council members Musser,
Trout, Bowles, Butler, Garland, Harvey, and Mayor Taylor ................... 7.
678
ACTION:
ACTION:
ACTION:
ATTEST:
YOUTM: The Mayor advised that the three year term of Vanetta R.
Stockton as a member of the Youth Services Citizen Board expired on May 31,
1983, and called for nominations to fill the vacancy.
Dr. Butler placed in nomination the name of Vanetta R. Stockton.
There being no further nominations, Mrs. Stockton was reelected as a
member of the Youth Services Citizen Board for a term of three years ending
May 31, 1986, by the following vote:
FOR MRS. STOCKTON: Council members Musser, Trout, Bowles, Butler,
Garland, Harvey and Mayor Taylor ....................................... 7.
CITY EMPLOYEES-INTEGRATION-SEGREGATION: The Mayor advised that pursuant
to a previous commitment, he would like to appoint a committee to meet with
representatives of the N.A.A.C.P. to discuss certain matters of concern
relating to Affirmative Action.
He further advised that with the concurrence of Council, he would like
to appoint the following persons:
H. B. Ewert, City Manager
George C. Snead, Jr., Director of Administration and Public Safety
Eric C. Turpin, Personnel Manager and Affirmative Action Officer
Wendell H. Butler, Council member
Noel C. Taylor, Mayor
Mr. Harvey moved that Council concur in the appointment of the above
set forth committee as recommended by the Mayor. The motion was seconded
by Mr. Garland and unanimously 'adopted.
INDUSTRIES-ECONOMIC DEVELOPMENT COMMISSION-SALE/PURCHASE OF PROPERTY:
Mr. Brian J. Wishneff, Chief of Economic Development and Grants, presented
a written report of the committee appointed to study bids received for
lease, with option to purchase a 48.224 acre 'parcel of land in the Roanoke
Centre for Industry and Technology and the granting of an option to lease Parcel
1 within the Centre, recommending that Council accept the bid of Cooper
Industries, Inc., in the amount of $400,000.00; and authorize the City
Manager to execute a lease for Parcel 2 and an option to lease Parcel 1 in ·
accordance with a proposed Ordinance.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that the following Ordinance be placed upon its
first reading:
(#26555) AN ORDINANCE authorizing the lease, with the option to
purchase, of a 48.224 acre parcel of land in the Roanoke Centre for Industry
and Technology, and the execution of an option to lease, with the option to
purchase, an additional ten acre parcel within the Centre, upon certain
terms and conditions; and authorizing the execution of deeds of conveyance
of said parcels if such options to purchase are exercised.
The motion was seconded by Dr. Butler and adopted by the following
vote:
AYES: Council members Musser, Trout, Bowles, Butler, Garland, Harvey
and Mayor Taylor ........................................................... 7.
NAYS: None ........................................................... O.
There being no further business, the Mayor declared the meeting adjourned
at 10:00 p.m.
City Clerk
APPROVED
Mayor
679
REGULAR WEEKLY SESSION .... ROANOKE CITY COUNCIL
Ju~e 27, 1983
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the Council
Chamber in the Municipal Building, City of Roanoke, on Monday, June 27, 1983, at 2:00
p.m., the regular meeting hour, with Mayor Noel C. Taylor presiding, pursuant to
Section 10 of the Roanoke City Charter and Chapter 2, Administration, Section 2-15,
Rules of Procedure, of the Code of the City of Roanoke, 1979, as amended.
PRESENT: Council members James O. Trout (arrived at 2:25 p.m.), Elizabeth T.
Bowles, Wendell H. Butler, Robert A. Garland, James G. Harvey, II, Howard E. Musser
and Mayor Noel C. Taylor .............................................................. 7.
ABSENT: None ............................................................... 0.
OFFICERS PRESENT: Mr. H. B. Ewert, City Manager; Mr. W. Robert Herbert,
Assistant City Manager; Mr. William X Parsons, Assistant City Attorney; Mr. Joel M.
Schlanger, Director of Finance; and Ms. Mary F. Parker, City Clerk.
The invocation was delivered by The Reverend William Wingfield, Associate
Pastor, Salem Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Taylor.
BID OPENINGS:
FIRE DEPARTMENT: Pursuant to notice of advertisement for bids for
remodeling the ladder bay at Fire Station No. 2, said proposals to be
received by the City Clerk until 1:30 p.m., on Monday, June 27, 1983, 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 in the Council Chamber,
the Mayor asked if anyone had any questions about the advertisement for
bids and no representative present raising any question, the Mayor instruc-
ted the City Clerk to proceed with the opening of the bids; whereupon, the
City Clerk opened and read the following bids:
Breakell, Inc.
Construction Services of
Roanoke, Inc.
Acorn Construction, Ltd.
Hodges Lumber Corporation
$ 13,000.00
15,485.00
16,262.00
22,490.00
ACTION:
Dr. Butler moved that the bids be referred to a committee to be appointed
by the Mayor for tabulation, report and reco~endation to Council. The
motion was seconded by Mr. Harvey and adopted.
ACTION:
The Mayor appointed Messrs. Robert A. Garland, Chairman, George C.
Snead, Jr., and Carl C. Holt as members of the committee.
Later during the meeting, the City Clerk advised the members of Council
that one bid which was submitted prior to the 1:30 p.m., deadline for
receipt of bids, was inadvertently not delivered to the Council Chamber
along with the other four bids. She stressed that the bid was submitted
prior to the 1:30 p.m., deadline, that the bid was properly sealed, and
stamped as to the time of receipt, and the error originated in her office
and was not the fault of the bidder.
The City Clerk requested that the Assistant City Attorney examine the
bid; whereupon, he advised that the bid was sealed and stamped prior to the
1:30 p.m., deadline for receipt of bids.
680
ACTION:
ACTION:
ACTION:
ACTION:
Mr. Garland moved that the bid be opened and read before the Council.
The motion was seconded by Mr. Harvey and adopted.
The City Clerk then opened and read the bid received from W. 3. Blane,
Inc., in the amount of $15,945.00.
Mr. Garland moved that the bid of W. J. Blane, Inc., be referred to
the committee appointed by the Mayor composed of Messrs. Garland, Chairman,
Snead and Holt for tabulation, report and recommendation to Council along
with the other four bids opened earlier in the meeting. The motion was
seconded by Dr. Butler and adopted.
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda are
considered to be routine by the members of Council and will be enacted by
one motion in the forms listed on the Consent Agenda and if discussion is
desired, that item will be removed from the Consent Agenda and considered
separately. He advised that there is one request for an Executive Session
of Council to discuss personnel matters relating to vacancies on authorities,
boards, commissions and committees appointed by Council; and Council member
Harvey has orally requested an Executive Session to discuss a personnel
matter.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by Council,
pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950), as amended,
was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the request to convene in
Executive Session to discuss personnel matters pursuant to Section 2.1-344
(a) (1), Code of Virginia (1950), as amended. The motion was seconded by
Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser and
Mayor Taylor ............................................................ 6.
NAYS: None ........................................................ 0.
(Council member Trout had not arrived at the meeting.)
HUMAN SERVICES: A communication from Mr. Richard G. Young tendering
his resignation as a'member of the Long-Term Care Coordination Committee
for the Impaired Elderly, the B,,mmn Resources Steering Committee, and the
Citizens' Advisory Committee - City Wide Park Study, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mrs. Bowles moved that the con~unication be received and filed and
that the resignation be accepted with regret. The motion was seconded by
Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser, and
Mayor Taylor .............................................................. 6.
NAYS: None ...... -'- ................................................. 0.
(Council member Trout had not arrived at the meeting.)
CITIZENS' SERVICES COMMITTEE: A report of the Citizens' Services
Committee transmitting recommendations with regard to funding of qualified
agencies for fiscal year 1983-84, was before Council.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
ACTION:
ACTION:
ACTION:
681
Mrs. Bowles moved that Council concur in the recommendations of the
Committee. The motion was seconded by Mr. Garland and adopted by the
following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser and
Mayor Taylor .............................................................. 6.
NAYS: None ........................................................... 0.
(Council member Trout had not arrived at the meeting.)
BRIDGES: A report of the City Manager advising that the City will
award a purchase order in the amount of $9,850.00 to Hayes, Seay, Mattern
and Mattern for the Bridge Inspection Program for 1982-83, 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. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser and
Mayor Taylor .............................................................. 6.
NAYS: None ........................................................... O.
(Council member Trout had not arrived at the meeting.)
TREASURER: A con~nunication from Mr. Gordon E. Peters, Treasurer,
transmitting a statement of activity for the Treasurer's Office for the
month of May, 1983, 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. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser and
Mayor Taylor ............................................................... 6.
NAYS: None ........................................................... 0.
(Council member Trout had not arrived at the meeting.)
HOUSING: The report of qualification of William O. Lavin as a member
of the Fair Housing Board for a term of three years ending March 31, 1986,
was before Council.
(See Oath 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. Garland and adopted by the following
vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser and
Mayor Taylor .............................................................. 6.
NAYS: None ......................................................... 0.
(Council member Trout had not arrived at the meeting.)
YOUTH: The report of qualification of Corinne B. Gott and Sara W.
Holland as members of the Youth Services Citizen Board for terms of three
years each ending May 31, 1986, was before Council.
(See Oaths of Office on file in the City Clerk's Office.)
682
ACTION:
ACTION:
ACTION:
ACTION:
Mrs. Bowles moved chat the report of qualification be received and
filed. The motion was seconded by Mr. Garland and adopted by the following
vote:
AYES: Council members Bowles, Butler, Garland, flarvey, Musser and
Mayor Taylor .............................................................. 6.
NAYS: None ........................................................... 0.
(Council member Trout had not arrived at the meeting.)
COUNCIL: Council member Harvey orally requested that Council meet in
Executive Session to discuss a personnel matter pursuant to Section 2.1-344
(a) (1), Code of Virginia (1950), as amended.
Mrs. Bowles moved that Council concur in the request to convene in
Executive Session to discuss a personnel matter pursuant to Section 2.1-344
(a) (1), Code of Virginia (1930), as amended. The motion was seconded by
Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Butler, Garland, Harvey, Musser and
Mayor Taylor .............................................................. 6.
NAYS: None .......................................................... O.
(Council member Trout had not arrived at the meeting.)
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
PENSIONS: Mr. H. Cletus Broyles, President, Association of the City
of Roanoke Retired Employees, appeared before Council and read a prepared
statement inquiring as to when those City employees who retired before May
31, 1973, will be reimbursed their contributions to the Employees' Retire-
ment System, on the same basis that was accomplished for those employees
who retired after May 31, 1973.
(For full text, see statement on file in the City Clerk's Office.)
The Director of Finance advised that comparative cost figures were
sent to George B. Buck, Consulting Actuaries, for analysis and report to
the City, that the requested information was received on June 15, 1983, and
his office is in the process of compiling the final report of the Mayors'
Advisory Comanittee, the consultant's study, Mr. Broyles' request, and
several other requests into a document which should be submitted to Council
no later than the July 25, 1983, City Council meeting.
Mr. Garland moved that Mr. Broyles' statement be received and filed
with the understanding it is anticipated that a report from the Director of
Finance will be forthcoming to Council at its regular meeting on Monday,
July 25, 1983. The motion was seconded by Dr. Butler and adopted.
At this point, 2:25 p.m., Council member Trout entered the meeting.
REHABILITATION CENTERS: A communication from Mr. Bob Jones with
regard to the establishment of a detoxification center in the City of
Roanoke, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that the communication be received and filed. The
motion was seconded by Mr. Musser and unanimously adopted.
PETITIONS AND COMMUNICATIONS:
INDUSTRIES: A communication from the Industrial Development Authority
recommending approval of a plan to assist Contracting Enterprises, Incorporat-
ed, in financing the acquisition and renovation of a facility for the
ACTION:
ACTION:
683
manufacture and distribution of pressure driven st-mm cleaning equipment in
the City of Roanoke, Virginia, by issuance of industrial development revenue
bonds in an amount not to exceed $450,000.00, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harvey offered the following Resolution:
(#26556) A RESOLUTION approving the plan of financing of the Indus-
trial Development Authority of the City of Roanoke, Virginia, for the
benefit of Contracting Enterprises, Incorporated, to the extent required by
Section 103 (k) of the Internal Revenue Code of 1954, as amended, and City
Ordinance No. 26401.
(For full text of Resolution, see Resolution Book No. 48, page 117.)
Mr. Harvey moved the adoption of the Resolution. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ............................................................ 7.
NAYS: None ............................................................ 0.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
STATE COMPENSATION BOARD-COMMONWEALTH'S ATTORNEY: The City Manager
submitted a written report advising that the General Assembly of Virginia
adopted the fiscal year 1983-84 budget supplement for the Virginia Common-
wealth's Attorneys with significant reductions in requested appropriations
to assist in coping with severe state general fund revenue shortfall; that
in order to accommodate those reductions, localities are forced to appeal
to the Compensation Board for adequate funding, pay expenses with local
funds, or reduce or eliminate expenses. He advised that on March 24, 1983,
the Compensation Board for the Commonwealth of Virginia issued formal
guidelines for the fiscal year 1983-84 budget submission for Commonwealth's
Attorneys, and the formula for fiscal year 1983-84 funding in s,,mmmry,
provided that the Commonwealth's Attorney'~ Office would have a level
funded budget, as follows:
1982-83 fiscal year budget
1983-84 fiscal year formula
$ 245,468.00
243,463.00
Mr. Ewert advised that the Compensation Board has notified the City of
Roanoke Commonwealth's Attorney and the City of Roanoke of an approved
budget of $232,815.00; that funding notice doe~ not provide adequate funds
to pay twelve months of salary to existing personnel and further, zero
dollars for office expenses (telephone, maintenance contracts, materials
and supplies, etc; that appeal of the funding of the Compensation Board is
required by the City of Roanoke no later than June 27, 1983; and the Common-
wealth's Attorney has notified the City Administration of his intent to
appeal and has requested support from the City of Roanoke.
The City Manager reco~ended that the Administration be authorized to
file an appeal to the Compensation Board of the Commonwealth of Virginia to
request adequate funding for the budget of the Co~onwealth's Attorney for
fiscal year 1983-84.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that Council concur in the recommendation of the
City Manager. The motion was seconded by Mrs. Bowles and unanimously
adopted.
684
ACTION:
ACTION:
PLANNING-GRANTS: The City Manager submitted a written report advising
that Council approved the fiscal year 1983-84 Community Development Block
Grant budget on May 9, 1983, in the amount of $2,099,000.00 and the budget
consisted of $1,999,000.00 entitlement and $100,000.00 projected program
income; that HUD approval of the City's fiscal year 1983-84 application was
received in a letter dated June 17, 1983; and grant approval is for the
amount requested by the City or $1,999,000.00.
The City Manager recommended that Council adopt a measure accepting
the fiscal year 1983-84 CDBG funds approved by HUD and authorize the
Administration to execute the requisite Grant Agreement and any other
necessary forms on behalf of the City; and appropriate $2,099,000.00 to an
account to be established by the Director of Finance, as follows: $1,099,000
CDGB entitlement and $100,000.00 projected program income.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency Ordinance:
(#26557) AN ORDINANCE to amend and reordain certain sections of the
1983-84 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 118.)
Mr. Harvey moved the adoption of the Ordinance. The motion was seconded
by Mr. Musser and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ........................................................... 7.
NAYS: None ........................................................... 0.
Mrs. Bowles offered the following Resolution:
(#26558) A RESOLUTION accepting a certain Community Development Block
Grant offer made to the City by the United States Department of Housing and
Urban Development under the 1983 Community Development Block Grant Program
and authorizing execution of the requisite Grant Agreement and any other
necessary forms pertaining thereto.
(For full text of Resolution, see Resolution Book No. 48, page 120.)
Mrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ................................ ~ ............................ 7.
NAYS: None ............................................................. 0.
BUDGET-PUBLIC ASSISTANCE: The City Manager submitted a written report
advising that emergency food and shelter for certain unemployed citizens is
to be provided by the Federal Emergency Management Agency from an alloca-
tion of fifty million dollars which was included in Public Law 98-8 signed
by the President on March 28, 1983; that the emergency food and shelter
program is to be administered by the Department of Social Services of the
Commonwealth of Virginia which received $833,310.00; that allocation must
be used on emergency rent or mortgage payments, food - mass feeding, or
shelter - mass shelter; and the allocation may be expended by the staff of
the local Social Services Department or may be assigned to other agencies
for mass feeding or shelter.
Mr. Ewert advised that the City of Roanoke has received $20,487.00 as
its share of the funds for this program which has been deposited in a city
account; that no local funds are required; that funds must be used between
July 1, 1983 and September 30, 1983; that unexpended funds must be returned
to the State Department of Social Services; that eligibility requirements
are as follows: individual must be receiving unemployment benefits, individual
ACTION:
685
may have exhausted unemployment benefits, self employed must be without
work and have filed wages with IRS in 1983, resources, such as cash or
liquid assets, cannot exceed $1,500.00 per person or $3,000.00 per family;
that families to be served by this program is estimated to run from twenty
to fifty; and the Human Resources Steering Committee and the Advisory Board
of Human Resources recommends that funds be used for emergency rent or
mortgage payments with re-evaluation of need in August, 1983.
The City Manager recommended that Council appropriate $20,487.00 to be
used for rent and mortgage payments for unemployed citizens, as follows:
$20,487°00 to Budget No. 5319, Unemployed Citizen's Allotment, Account No.
A01-5319-500-10; $20,487.00 from Account No. X01-620301; and effective
date of the program will be July 1, 1983.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler offered the following emergency Ordinance:
(#26559) AN ORDINANCE to amend and reordain certain sections of the
1983-84 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 120.)
Dr. Butler moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ............................................................ 7.
NAYS: None ............................................................ O.
BUDGET-PUBLIC ASSISTANCE: The City Manager submitted a written
report advising that funding for certain Social Service needs for unemployed
citizens was made available through the Humanitarian Assistance Bill,
Public Law 988; that social services to the unemployed is to be administered
by the Department of Social Services Of the Commonwealth of Virginia which
received $4,056,756.00; that funds are distributed to the localities based
on a formula of 50% based on the number of individuals who were unemployed
from September 1982 to February 1983 and 50% on the number of individuals
who had exhausted their unemployment benefits for the months of January,
February and March, 1983; that the program is to be started after June 1,
1983, and concluded on June 30, 1984, or until the money is expended, if
this occurs sooner; that funds appropriated for the Emergency Food and
Shelter for Certain Unemployed Citizens Program must be used for emergency
rents and mortgage payments before this Social Services Program is used;
that certain citizens may be served through this program who are not current-
ly being helped, such as the intact family who is unemployed; that services
which can be offered under this program are emergency needs services such
as paying a grocery store for groceries, paying a client for clothing,
paying a vendor for utility costs, paying a landlord for rent (mortgage
payments are not permitted), purchasing essential prescriptions for medical
care and treatment, and certain other services such as day care for children,
employment services, securing of housing, nutrition, and transportation;
and localities have the option of providing the services which are most
needed, however, local agencies are encouraged to include emergency needs
as one of the services to be selected.
Mr. Ewert advised that $35,145.00 is Roanoke City's allocation for
operation of this program; that the City must appropriate the funds; and the
State of Virginia Department of Social Services, will reimburse 100% of the
funds on a monthly basis, noting it is estimated that approximately 150 to
180 families will be served by this program.
The City Manager recommended that Council appropriate $35,145.00 to be
used for Emergency Needs Services and Housing Services for the unemployed
citizens of the City; that $35,145.00 be appropriated to Budget No. 5321,
Social Services to the Unemployed, Account No. A01-5321-500-08, Emergency
Needs Services; and the Program will be effective July 1, 1983.
(For full text, see report on file in the City Clerk's Office.)
686
ACTION:
ACTION:
ACTION:
Mrs. Bowles offered the following emergency Ordin~nce:
(#26560) AN ORDINANCE to amend and reordain certain sections of the
1983-84 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 121.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded.by Dr. Butler and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ........................................................... 7.
NAYS: None .......................................................... 0.
BUDGET-GRANTS-YOUTH: The City Manager submitted a written report
advising that the Office on Youth Grant was officially awarded to the City
under the Virginia Delinquency Prevention and Youth Development Act on June 17,
1980; that the grant budget is for a 12-month period, beginning July 1,
1983, through June 30, 1984; that the grant provides for continuation of
coordinated planning and program implementation of the Office on Youth;
that the total grant amount is $39,708.00; that partial funding for local
cash match is included in the fiscal year 1983-84 Co,unity Planning budget
in the amount of $7,100.00; and additional matching funds in the amount of
$2,258.00 is available from the fiscal year 1983-84 Contingency Account No.
A01941032006.
The City Manager recommended acceptance of Department of Corrections
Grant No. 83-1-5; appropriation of $39,708.00 to an account to be established
by the Director of Finance for this program (70% of appropriation $27,740.00)
will be refunded by the Department of Corrections; and authorize transfer
of $2,258.00 from the Contingency Account No. A019411032006 to this program
as part of the City's total cash match needed to operate the program for
fiscal year 1983-84.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency Ordinance:
(#26561) AN ORDINANCE to amend and reordain certain sections of the
198384 General and Grant Funds Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 122.)
Mr. Harvey moved the adoption of the Ordinance. The motion was seconded
by Dr. Butler and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor .............................................................. 7.
NAYS: None .............................................................. O.
Mr. Harvey offered the following Resolution:
(#26562) A RESOLUTION authorizing the acceptance of a Delinquency
Prevention and Youth Development Act Grant made to the City of Roanoke by
the Commonwealth of Virginia Department of Corrections and authorizing the
acceptance, execution and filing of the "Special Conditions" with the
Department of Corrections for this grant for the purpose of continuing
coordinated planning and youth services program implementation by the
City's Office on Youth until June 30, 1984.
(For full text of Resolution, see Resolution Book No. 48, page 123,)
Mr. Harvey moved the adoption of the Resolution. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ............................................................. 7.
NAYS: None ............................................................ 0.
ACTION:
687
BUDGET-WATER DEPARTMENT: The City Manager submitted a written report
advising that the Utility Lines Services Department performs maintenance on
many elements of the water system automatically to insure that the water
system is able to render adequate and dependable water service to more than
39,000 customers; that the Water Department pays for Utility Line Maintenance
by reimbursing the General Fund through the Internal Services accounting
and billing procedures; that the Utility Lines Maintenance charges have
been greater than budget estimates because of an increase in required water
system maintenance necessitated by the following projects:
Bond fund storm drain projects have required many adjustments of
water lines and services to resolve conflicts and repairs to the water
system caused by damage during storm drain construction.
Downtown sidewalk, streets and lighting project also required many
ad3ustments and repairs during construction and still continues.
Raising manholes that were not raised but had been paved over during
two years of paving programs. The Autumn Lane incident and trial
focused attention on the need to have all manholes uncovered and
raised.
Mr. Ewert further advised that Internal Services ~ Utility Lines
Maintenance Account A02211060025 appropriation for 1982-83 fiscal year
totalled $570,000.00.
The City Manager pointed out that on May 31, 1983, Utility Lines
Maintenance Account shows expenditures of $605,381.15 for an over-expenditure
of $35,381.15; that the over-expenditure has been covered by fund transfers
from other accounts in the Water Fund operating budget; that the May report
covers expenditures through April and two months of maintenance must still
be covered; and appropriation of $110,000.00 from Water Fund retained
earnings is needed to provide necessary funding for Utility Lines Maintenance
A02211060025 through June 30, 1983.
The City Manager recommended that Council authorize appropriation of
$110,000.00 from Water Fund retained earnings to Water Department Account
No. A02211060025.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#26563) AN ORDINANCE to amend and reordain certain sections of the
1982-83 Water Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 123.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ........................................................... 7.
NAYS: None .......................................................... O.
BUDGET-TRAFFIC-STATE HIGHWAYS: The City Manager submitted a written
report advising that the Virginia Department of Highways and Transportation
continuously develops various phases of the City Council approved bridge
and highway projects and those phases include such items as preliminary
engineering, plans and specifications, right of way purchases and construction;
that billings to the City from the Virginia Department of Highways and
Transportation are done on an interim basis and these billings represent
the City's share of the expenditures to date, and receipt of the bills does
not not follow any specific timetable and in many cases are received individually
for each project; that capital fund accoumts are established for each
project in the amount of the estimated billings that are anticipated for
the year and this provides for easier payment of interim bills, however,
there are instances when additional requests to Council for transfers are
needed to cover final bills.
688
ACTION:
Mr. Ewert pointed out that the CBD Traffic Sigual System Project
currently under City-State Agreement with the Virginia Department of
Highways and Transportation requires additional funding in order to pay the
final billing and closeout the account, and the final bill from the Virginia
Department of Highways is for $28,915.33; that transfer of $15,622.82 from
the Jefferson Street Bridge Project to the CBD Traffic Signal System Project
Account is needed to cover the final billing; that existing funds in the
CBD Traffic Signal System Account equal $13,292.51; that difficulties
associated with the project and the contractor, Computran Systems Corporation,
resulted in a four-year project construction period; and all other highway
projects have the funds existing in their individual accounts necessary to
accommodate the expenditures anticipated in the coming fiscal year.
The City Manager recommended that Council authorize the Director of
Finance, in a form acceptable to the City Attorney, to transfer $15,622.82
from the Jefferson Street Bridge Project into the CBD Traffic Signal System,
in order to make final payment on the project and closeout the account.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler offered the following emergemcy Ordinance:
(#26564) AN ORDINANCE to amend and reordain certain sections of the
1982-83 Capital Projects Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 124.)
Dr. Butler moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ........................................................... 7.
NAYS: None ........................................................... 0.
BUDGET-PARKS AND PLAYGROUNDS-CAPITAL IMPROVEMENTS: The City Manager
submitted a written report advising that capital projects of all types have
been approved by Council for construction over the past five years; that
funding is established for each project when Council approves the construc-
tion based on the recommendations of the various bid committees; that
completed projects often have relatively small amounts of contingency funds
remaining after final bills are paid because most projects are completed
within the established budgets; that close-out of projects authorized by
Council is needed in order to clear the completed projects from the current
project listing as well as to move the remaining funds from the completed
projects to capital projects still under construction or to general capital
accounts for other future construction; and transmitting an attachment
s,,mmarizing completed projects to be closed out and the accounts the extra
funds should be transferred into.
The City Manager pointed out that Century Square Park has received
a $25,000.00 contribution towards construction from First National Exchange
Bank for use in the park for renovation and beautification, and these funds
need to be formally accepted and appropriated by Council into the Capital
Reserve Account Park Improvements; and Elmwood Park has received $12,356.82
in additional contributions from various private donators for use primarily
in planting trees in the park and these funds need to be formally accepted
and appropriated by Council into the Elmwood Park Project.
The City Manager recommended that Council authorize the closeout of
capital projects and transfer of funds into other projects as sho~ on a
certain attachment to his report; that Council appropriate the $25,000.00
contribution from the First National Exchange Bank for the Capital Reserve
Account, Park Improvements; and that Council appropriate the $12,356.82 in
additional contributions from various donators for Elmwood Park.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
ACTION:
689
Mr. Garland offered the following emergency Ordinance:
(#26565) AN ORDINANCE to amend and reordain certain sections of the
1982-83 General and Capital Projects Funds Appropriations, and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 125.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ............................................................ 7.
NAYS: None ............................................................ O.
PLANNING-GRANTS-INDUSTRIES-HOUSING-ECONOMIC DEVELOPMENT: The City
~-~nager submitted a written report advising that the "Jobs Bill" included
$100 million for the local public works program of the Economic Development
Administration; that funds will be awarded on a competitive basis to eligible
communities and require a 50% local matching share; that the City of Roanoke
is an eligible community; that applications must be received by EDA by July 1,
1983; that announcment of grants awarded is anticipated in late September,
1983; and proposed use of funds is for grading, installation of utilities,
including storm drainage and provision of new access roads in the Deanwood
Industrial Park connecting to the widened portion of Kimball Avenue.
The City Manager recommended that Council authorize the filing of a
$910,000.00 grant application with EDA for improvements to the Deanwood In-
dustrial Park and appropriate $455,000.00 of C.D.B.G. funds as required
local 50% match.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
(#26566) A RESOLUTION authorizing the filing of an application with
the Economic Development Administration for a grant of Federal funds for
improvements to the Deanwood Industrial Park.
(For full text of Resolution, see Resolution Book No. 48, page 126.)
Mr. Trout moved the adoption of the Resolution. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ............................................................ 7.
NAYS: None ............................................................ O.
BUDGET-INDUSTRIES-ECONOMIC DEVELOPMENT: The City Manager submitted a
written report advising that Council appropriated $250,000.00 of City
surplus funds as local match for a $1,000,000.00 Economic Development
Administration grant for the Shenandoah Avenue Industrial Development
Project, administered by the Southwest Virginia Community Development Fund,
by Resolution No. 24793 on August 13, 1979; that the Shenandoah Avenue
Industrial Development Project was completed under budget and EDA has
accepted the final audit; that unexpended funds in the amount of $88,766.00
are now available for transfer; and funds are required for various economic
development activities including appraisals, title work, surveying and
engineering services necessary for determining the economic feasibility of
several potential development projects in the City.
The City Manager recommended that Council authorize the transfer of
$88,766.00 of unexpended EDA local match funds from Account A08210191803 to
the Economic Development Account A08310172511 in the capital fund.
(For full text, see report on file in the City Clerk's Office.)
690
ACTION:
ACTION:
ACTION:
Mr. Trout offered the following emergency Ordinance:
(#26567) AN ORDINANCE to amend and reordain certain sections of the
1982-83 Capital Projects Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 127.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ............................................................ 7.
NAYS: None ........................................................... O.
BUDGET-STADIUM: The City Manager submitted a written report advising
that funding of $25,000.00 is in the Building Maintenance Account for
emergency repair to deteriorated concrete on the treads and risers at
Victory Stadium; that funding was to be matched by another source but was
never received, consequently, the funds were never committed; that additional
commitment of funding is anticipated in the 1983-84 budget year and the
present funds need to be transferred to a Capital Account; and this will
allow the anticipated funding and present funding to be combined into a
project of sufficient size to warrant receipt of good bids.
The City Manager recommended that Council authorize transfer of $25,000.00
from Account No. A06263130007 to a Capital Account as established by the
Director of Finance for the repair of treads and risers at Victory Stadium.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency Ordinance:
(#26568) AN ORDINANCE to amend and reordain-certain sections of the
1982-83 General and Capital Projects Funds Appropriations, and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 128.)
Mr. Musser moved the adoption of the Ordinance. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ............................................................ 7.
NAYS: None ........................................................... O.
BUDGET-FIRE DEPARTMENT: The City Manager submitted a written report
advising that Council on April 26, 1983, appropriated $18,000.00 for the
remodeling of the ladder bay at Fire Station No. 2; and funding was placed
in the Fire Department Account No. A01321390060.
The City Manager recommended that Council authorize the transfer of
$18,000.00 from Fire Department Account No.. A01321390060 to a Capital
Account to be established by the Director of Finance for the remodeling of
the ladder bay at Fire Station No. 2.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#26569) AN ORDINANCE to amend and reordain certain sections of the
i982-83 General and Capital Projects Funds Appropriations, and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 128.)
ACTION:
691
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and. Mayor Taylor ........................................................... 7.
NAYS: None .......................................................... 0.
BUDGET-CIVIC CENTER: The City Manager submitted a written report
advising that the original fiscal year 1983 Civic Center budget appro-
priation was $1,589,715.00 including operations, promotions, depreciations
and capital outlay; that appropriation adjustments through May, 1983, total
$398,826.00 and total Civic Center fund as of May, 1983, totals $1,988,541.00;
that total expenses for fiscal year 1983 are estimated to exceed the autho-
rized appropriation by $33,140.00; and total projected revenues for fiscal
year 1983 are as follows:
current revenue estimate
original revenue estimate
net increase over original estimate
$ 716,427.00
630~700.00
$ 85,727.00
Mr. Ewert advised that the appropriation of funds in the amount of
$33,140.00 is requested to cover the cost of certain additional operating
expenses; and the funding source is available from the Civic Center revenues
which are in excess of the original estimate.
The City Manager recommended that Council increase the revenue estimate
of $33,140.00 for Coliseum Rentals; appropriate $12,940.00 to Electric;
appropriate $200.00 to Engineering; and appropriate $20,000.00 to Grounds
Maintenance.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#26570) AN ORDINANCE to amend and reordain certain sections of the
1982-83 Civic Center Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, s~e Ordinance Book No. 48, page 129.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ............................................................. 7.
NAYS: None ........................................................... 0.
BUDGET-PUBLIC ASSISTANCE-LIBRARIES.: The City Manager submitted a
written report transmitting a report explaining the situation with regard
to adjustments needed in Library and Social Services' budgets within the
Directorate of Nummn Resources, reco~ending transfer of $26,297.00 from
Social Services - Income Maintenance, Social Services - Services and Employment
Services A.D.C. Budgets to Library Budget, and reduce appropriations to
budgets with surplus funds:
$ 26,297.00 To Library Budget, Account No. A01731010005
$ 222,844.00 Reduction in accounts and revenues estimates
$ 249,141.00 Total reduction in budgets of which $26,297.00 are
local funds.
(For full text, see reports on file in the City Clerk's Office.)
692
ACTION:
ACTION:
Dr. Butler offered the following emergency Ordinance:
(#26571) AN ORDINANCE to amend and reordain certain sections of the
1982-83 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 130.)
Dr. Butler moved the adoption of the Ordinance. The motion was seconded
by Mr. flarvey and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ............................................................ 7.
NAYS: None .......................................................... 0.
SPECIAL PERMITS-INTERMODAL TRANSPORTATION CENTER: The City Manager
submitted a written report advising that architects have designed a Transporta-
tion Center with a mini-mall and a parking structure on an existing site
between Campbell Avenue and Salem Avenue, S. W.; that to design an effective
transit operation and to have retail store areas deep enough to economically
rent, it was necessary to cantilever the parking structure on Salem Avenue
above the first floor level and to encroach on the Salem Avenue sidewalk
area for the buses at the ground floor level; that instructions to the
architects also included the desire to connect the Miller and Rhoads store
with the new Transportation Center at the second floor level across Campbell
Avenue; and the Virginia Department of Highways and Transportation recommends
that overhead structures.should clear a thoroughfare by sixteen feet but
judge each project on its specific location and traffic flow.
Mr. Ewert advised that public safety would be enhanced by the construc-
tion of the pedestrian overpass over Campbell Avenue; that the new construc-
tion downtown, including the Transportation Center and Mini-Mall, will
attract more automobiles and pedestrians on all the downtown streets, and
particularly in the first block of Campbell Avenue; and construction of the
pedestrian overpass will help separate pedestrians and automobiles, thereby
reducing the potential of conflicts in this promotion of the downtown area.
The City Manager recommended that Council approve waiver to permit the
encroachment of the Transportation Center on Salem Avenue of seven feet and
the second level to cantilever over the street an additional eleven feet
with a minimum clearance of twenty feet; and that Council approve the
waiver for construction of the pedestrian overpass over Campbell Avenue
with a minimum clearance of sixteen feet and for column and footing construc-
tion at the back of curb on either side of the street.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler moved that the following Ordinance be placed upon its first
reading:
(#26572) AN ORDINANCE permitting an encroachment on the sidewalk
adjacent to the Transportation Center parking structure and an encroachment
to cantilever over the streeg along Salem Avenue, S. W., and authorizing a
pedestrian walkway over Campbell Avenue, S. W., with 'necessary sidewalk en-
croachments.
(For full text of Ordinance, see Ordinance Book No. 48, page 146.)
The motion was seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ........................................................... 7.
NAYS: None ........................................................... 0.
BUDGET-PARKS AND PLAYGROUNDS: The City Manager submitted a written
report advising that the property of the Transportation Museum is owned by
the City and leased to the Roanoke Transportation Museum, Inc.; that all
permanent improvements made to the Museum by the Roanoke Transportation
ACTION:
ACTION:
693
Museum, Inc., become the property of the City at the conclusion of the
lease; and the City's normal annual contribution to the operation of the
Museum is limited to utilities, refuse collection, and tree maintenance;
Mr. Ewert referred to a communication from Mr. David G. Helmer,.President,
Roanoke Transportation Museum, requesting a $50,000.00 contribution from
the City of Roanoke for use during the next fiscal year for the following
projects: to repair and reconstruct "Lake Turbyfill" within the Museum,
expansion of Museum grounds, trackage for new exhibits, and improved
beautification and utilization of entrance building.
The City Manager pointed out that Mill Mountain Zoo is a similarly
operated City-leased facility that has been allocated $100,000.00 in capital
funds and the amount requested by the Transportation Museum is $50,000.00.
The City Manager recommended that Council grant the request for $50,000.00
for capital expenditures to the Roanoke Transportation Museum, Inc., with
the City Manager being given the authority to review and approve the pro-
jects prior to construction; and that Council adopt the proper measure
acceptable to the City Attorney transferring $50,000.00 from the General
Fund. Contingency Fund to an account to be established by the Director
of Finance.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#26573) AN ORDINANCE to amend and reordain certain sections of the
1982-83 General and Capital Projects Funds Appropriations, and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 131.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ............................................................ 7.
NAYS: None ............................................................. O.
REFUSE COLLECTION: The City Manager submitted a written report concurring
in a report of the Bid Committee reco~ending that a unit price contract be
awarded to Cavalier Equipment Corporation for providing front loading bulk
container service to the City, at a unit price of $7.00 for each time a
container is emptied, for the period July 1, 1983, through June 30, 1984,
and that all bids of rental containers be rejected on the grounds that the
City can handle this service with spare containers it now has.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency Ordinance:
(#26574) AN ORDINANCE accepting a bid and awarding a contract for
front loading bulk container collection service; authorizing the proper
City officials to execute the requisite contract; rejecting certain other
bids made therefor; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 132.)
Mr. Harvey moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ............................................................ 7.
NAYS: None ............................................................ 0.
694
ACTION:
ACTION:
WATER DEPARTMENT-SEWERS AND STORM DRAINS-EQUIPMENT: The City Manager
submitted a written report concurring in a report of the Bid Co~mnittee
recommending that the bid of Jones Chemical Company for supplying liquid
chlorine, in the amount of $23.00 cwt on 150 pound cylinders, and $11.50
cwt on 2,000 pound cylinders for water and sewage treatment, be accepted;
that the bid of Suffolk Chemical Company for supplying standard ground
alum, in the amount of $193.40 per ton, be accepted; and that the bid of. E.
I. Dupont, Inc., for supplying ferric chloride, in the amount of $.3623 per
gallon in rail car lots, be accepted.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#26575) AN ORDINANCE accepting certain bids made for providing
chemicals for water and sewage treatment; rejecting other bids; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 133.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Trout, Bowies, Butler, Garland, Harvey, Musser
and Mayor Taylor ............................................................ 7.
NAYS: None ............................................................ 0.
WATER DEPARTMENT-EQUIPbiENT: The City Manager submitted a written
report concurring in a report of the Bid Connnittee recommending that the
bid of Griffin Pipe Products for supplying the City of Roanoke with water
pipe requirements for one year, be accepted, and that all other bids be
rejected.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#26576) AN ORDINANCE accepting a bid made for providing ductile-iron
water pipe to the City; rejecting other bids; and providing'for an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 133.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ........................................................... 7.
NAYS: None ......................................................... 0.
BUDGET-CETA: The City Manager submitted a written report advising
that funding for operation of a S,u~mer Youth Employment Program has been
received from the United States Department of Labor by the Fifth District
Employment and Training Consortium; that $696,456.00 has been received for
operation during fiscal year 1983; and various amounts which were appropria-
ted to fiscal year 1982 accounts must be adjusted to match the final
expenditures as reported to the United States Department of Labor.
Mr. Ewert advised that the Finance Department of the City of Roanoke
acts as the fiscal depository for Consortium funding; therefore, Council
must appropriate the funds received from the United States Department of
Labor to the corresponding accounts.
The City Manager recommended that Council appropriate funds received
from the Department of Labor to the proper CETA accounts and adjust the
appropriations of fiscal year 1982 accounts to reflect final expenditures,
noting that approximately 650 eligible youth will be served with the planned
programs, the cost to the City will be zero, programs will be operated and
support staff positions filled, and timing will allow the program to begin
immediately.
(For full text, see.report on file in the City Clerk's Office.)
ACTION:
ACTION:
ACTION:
695
Mr. Garland offered the following emergency Ordinance:
(#26577) AN ORDINANCE to emend and reordain certain sections of the
1982-83 Fifth District Consortium Fund Appropriations and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 135.)
Mr. Garland moved the adoption of the Ordinance, The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ............................................................ 7.
NAYS: None ........................................................... O.
CITY ATTORNEY:
LEGISLATION: The City Attorney submitted a written report providing
the members of Council with information with respect to the content and
requirements of the new Conflict of Interests Act, advising that the 1983
Session of the General Assembly repealed in its entirety the Virginia Con-
flict of Interests Act which was originally enacted by the 1970 Session of
the General Assembly; that the repealed Act had proven extremely confusing
and difficult to interpret and enforce; and to replace the 1970 Act, the
General Assembly has adopted an entirely new Comprehensive Conflict of
Interests Act which is effective July 1, 1983.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that the report be received and filed. The motion
was seconded by Mr. Trout and unanimously adopted.
PROCUREb~NT CODE: The City Attorney submitted a written report advising
that the 1983 Session of the General Assembly enacted Senate Bill 226 which
amended the Virginia Public Procurement Act So as to require that all cities
and counties having a population greater than 3,500 utilize the procurement
method known as "competitive negotiation" for obtaining certain professional
services; and, although not required by action of the General Assembly, one
other amendment to the procurement provisions of the Code of the City of
Roanoke would seem to be in order; viz: Section 11-53, Code of Virginia
(1950), as amended, would permit a locality to negotiate with the lowest
responsible bidder under certain specified circumstances; that this section
specifically provides that if a bid from the lowest responsible bidder
exceeds available funds, then negotiations may be had with the apparent low
bidder to obtain a price within available funds provided that the right to
negotiate was reserved in the invitation to bid; and it would seem that
inclusion of this provision in the City Code would give Council additional
flexibility. Mr. Dibling co,ended this amendment to Council.
The City Attorney presented an Ordinance which would comply with the
mandate of the 1983 Session of the General Assembly and render the City
Code consistent with the State Code, advising that adoption of the ordinance
would also give Council additional flexibility by authorizing negotiations
with the lowest responsible bidder under certain circumstances.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#26578) AN ORDINANCE amending and reordaining Chapter 23.1, Procurement~
Code of the City of Roanoke (1979), as emended, by the addition of a new
Section 23.1-4.1, Requirement of competitive negotiation, to establish a
new procedure for procurement of certain professional services and by
amending current Section 23.1-6, Exceptions to bidding requirement, to
enumerate certain exceptions to the requirement of competitive procurement
and present Section 23.1-14, Award, to authorize negotiations with the
lowest responsible bidder under specified circumstances; and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 135.)
696
ACTION:
ACTION:
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor .......................................................... 7.
NAYS: None .......................................................... 0.
CITY EMPLOYEES: The City Attorney submitted a written report advising
that during its last session, the General Assembly amended Section 44-93'
of the Code of Virginia (1950), as amended, to provide that city employees
who are members of the organized reserve forces of the armed services,
national guard or naval militia, shall be entitled to receive full pay for
their services while on military leave for up to fifteen days per federal
fiscal year; and the City Code currently provides that such employees shall
be entitled leave for up to fifteen days per calendar year.
Mr. Dibling pointed out that the State Code change was made because
military training is scheduled on a federal fiscal year basis, rather than
on a calendar year basis, and in order to conform the City Code to the
current requirements of the State Code, it is recommended that a measure be
adopted by Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency Ordinance:
(#26579) AN ORDINANCE amending and reordaining subsection (b) of Section
2-41, Military leave, of the Code of the City of Roanoke (1979), as amended,
to provide that employees may be engaged in military training for up to
fifteen days per federal fiscal year without loss of pay; and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 138.)
Mr. Harvey moved the adoption of the Ordinance. The motion was seconded
by Mr. Musser and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ........................................................... 7.
NAYS: None ........................................................... O.
DIRECTOR OF FINANCE:
BUDGET-CITY EMPLOYEES: The Director of Finance submitted a written
report advising that the 1983 fiscal year budget anticipated $500,000.00
lapse of salary and wages; that the majority of changes on a proposed.
budget ordinance will reduce various departmental salary and wage budgets
and increase those which would be overexpended after the June 29, 1983 pay-
roll; that the salary and wage lapse available exceeds the remaining budgeted
amount by $117,174.00~ that the Contingency Reserve is being increased by
$108,974.00 with the proposed budget ordinance; that Ordinance No. 26546
increased the General Fund Contingency Reserve for $8,200.00; and the
budgeted salary and wage lapse has been reduced during the current fiscal
year as follows:
Original budgeted amount
First quarter lapse realized
Second quarter lapse realized
Third quarter lapse realized
Fourth quarter lapse realized to 5/31/83
Fourth quarter lapse realized to 6/30/83
$ 500,000
(162,744)
(173,190)
(122,230)
( 50,036)
(108,974)
Excess salary and wage lapse for FY 82-83 $(117,174)
Mr. Trout offered the following emergency Ordinance:
(#26580) AN ORDINANCE to amend and reordain cemtain sections of the
1982-83 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 138.)
ACTION:
ACTION:
ACTION:
Mr. Trout moved the adoption of the Ordinance.
by Mr. Garland and adopted by the following vote:
697
The motion was eeconded
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ........................................................... 7.
NAYS: None ........................................................... O.
AUDITS: The Director of Finance submitted the financial report for
the-month of May, 1983.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion was
seconded by Mr. Harvey and unanimously adopted.
REPORTS OF COMMITTEES:
PARKS AND PLAYGROUNDS: Mr. Jack D. Hayslett, Chairman of the Citizens'
Advisory Committee - City Wide Park St.udy, appeared before Council and
presented a written report of the Committee relating to implementation of
the City's Parks Plan, recom~ending that Council adopt the "Recommended
Priority Projects and Budget - Phase II" as a guide for implementation of
the Parks Plan; that Council authorize one temporary position to be designa-
ted by the City Manager, to help implement the recommended program; that
a private architectural/engineering firm be retained to design and implement
the proposed "Sports Complex" project, the number one priority of the
Citizens' Advisory Committee; that park improvement efforts be encouraged
with schools for joint development and u~e of the existing and proposed
facilities; and that Council consider maintenance needs during future
budget sessions necessary to allow routine, as well as preventive, maintenance
of the City's parks.
(For full text, see report on file in the City Clerk's Office.)
In this connection, the City Manager submitted a written report recommend-
ing that Council adopt the "Recommended Priority Projects and Budget -
Phase II" as a guide for the Parks Plan Implementation Program; that Council
authorize the employment of one temporary-status Design Draftsman/Inspector,
Pay Range 19, for a twelve month period at total salary and benefit program
not to exceed $25,000.00; and that Council authorize the'transfer of $25,000.00
from the Capital Improvement Reserve (Parks) Account No. A08310172506 into
the following accounts of the General Fund, effective July 1, 1983:
Engineering Account No. A01431010005
Retirement Contribution
Employee Social Security
Life Insurance
Blue Cross Insurance
$ 20,000.00
2,820.00
1,370,00
202.00
608.00
Total $ 25,000.00
The City Manager advised that after completion of the consultant
selection process, Council will be requested to authorize a contract with a
private architectural/engineering firm for the design work related to the
"Sports Complex" project.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the recommendations of the
Citizens' Advisory Committee - City Wide Parks Study. The motion was
seconded by Mr. Garland and unanimously adopted.
Mr. Trout then offered the following emergency Ordinance:
(#26581) AN ORDINANCE to amend and reordain certain sections of the
1983-84 General and Capital Projects Funds Appropriations, and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 141.)
698
ACTION:
ACTION:
ACTION:
ACTION:
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Husser
and Mayor Taylor ............................................................ 7.
RADIO-TELEVISION: Council member Howard E. Musser, Chairman of the
Regional Cable Television Committee, presented a written report of the
co~ittee in connection with a request of Roanoke Valley Cablevision, Inc.,
for a rate increase from $8.50 to $9.95 per month for basic cablevision
service, advising that after several meetings of the Regional Committee and
after reviewing certain financial information submitted by Roanoke Valley
Cablevision, the Committee is unanimously of the opinion that a rate increase
is not justified at this time, and the committee voted to recommend to
their respective governing bodies that the request be denied.
Mr. Musser further advised that inasmuch as cable television is such a
specialized field, the committee is of the opinion that in dealing with
future requests for rate increases, the expertise of a consultant is needed,
and the committee voted to recommend to their respective governing bodies
that a consultant be hired to study future requests and funded based upon
population of each participating locality.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser moved that Council concur in the recommendation of the
committee that the request for a rate increase from $8.50 to $9.95 per
month for basic service be denied. The motion was seconded by Mr. Trout
and unanimously adopted.
With regard to that portion of
consultant to study future requests
that the recommendation be received
Mr. Harvey and unanimously adopted.
the report recommending the hiring of a
for rate increases, Mr. Trout moved
and filed. The motion was seconded by
Mr. Harvey moved that the City Attorney be instructed to prepare the
proper measure expressing certain concerns of Council with regard to Senate
Bill 66 "The Cable Telecommunications Act of 1983". The motion was seconded
by Mr. Trout and unanimously adopted.
AIRPORT: Council member Robert A. Garland, Chairman of the committee
appointed by the Mayor to study the one bid received for the lease, for a
term beginning on November 15, 1995, and ending on November 14, 2008, of
all that certain tract Or parcel of land sometimes said to contain approxi-
mately 43 acres but indicated by survey to contain approximately 46 acres,
comprising the southwesterly portion of the southwest clear zone of Roanoke
Municipal (Woodrum) Airport, lying west of Route 581, said property to be
used during the term of the lease exclusively for the construction and
maintenance of a golf course and for that purpose only, submitted a written
report of the committee recommending that Council authorize the appropriate
City officials to execute a new lease agreement with Builders Investment
Group which will extend the present lease (which terminates on November 14,
1995), to November 14, 2008, which extension will provide a total lease
term of 25 years from November, 1983.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that the following Ordinance be placed upon its
first reading:
(#26582) AN ORDINANCE providing for the lease of certain land in the
Southwest Clear Zone property of Roanoke Municipal Airport for a term of
years, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 48, page 147.)
ACTION:
ACTION:
699
The motion was seconded by Mr. Harvey and adopted by the following
vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ........................................................... 7.
NAYS: None ......................................................... 0.
SEWERS AND STORM DRAINS-BUDGET: Council member Robert A. Garland,
Chairman of the committee appoiated by the Mayor to tabulate bids received
for construction of Bond Issue Storm Drain Project VII, presented a written
report of the committee recomzaending that a unit price contract be awarded
to Alleghany Constructon Company, Inc., and S. C. Rossi & Co., Inc., a
joint venture, in the amount of $597,934.00; and that the Director of
Finance be authorized to transfer the following amount from the existing
Bond Issue Storm Drain Account No. A08310172702 to Storm Drain No. VII
Account No. A08220192400 ($597,934.00 contract and $52,066.00 contingency).
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#26583) ~N ORDINANCE to amend and reordain certain sections of the
1982-83 Capital Projects Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 141.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ............................................................ 7.
NAYS: None ........................................................... 0.
Mr. Garland offered the following emergency Ordinance accepting the
joint proposal of Alieghany Construction Company, Inc., and S. C. Rossi &
Co., Inc.:
(#26584) AN ORDINANCE providing for the construction of Bond Issue
Storm Drain Project VII, located in the City, upon certain terms and conditions,
by accepting the lowest bid made to the City; authorizing execution of the
requisite contract; rejecting certain other bids; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 142.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the~following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ............................................................ 7.
NAYS: None ........................................................... 0.
BUDGET-STREETS AND ALLEYS: Council member Robert A. Garland, Chairman
of the committee appointed by the Mayor to tabulate bids received for
paving and profiling of various streets within the City, presented a written
report of the committee recommending that the low joint proposal of Adams
Construction Company & Subsidiary and Virginia Asphalt Paving Co., Inc., be
accepted, and that $558,262.17 be transferred from certain accounts as
shown on an attachment to the report, to award a contract in the amount of
$862,620.86.
(For full text, see report on file in the City Clerk's Office.)
ACTION: Mr. Garland offered the following emergency Ordinance:
700
ACTION:
ACTION:
ACTION:
(#26585) AN ORDINANCE to amend and reordain certain sections of the
1982-83 General Fund Appropriation Ordinance, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 143.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ......................................................... 7.
NAYS: None .......................................................... O.
Mr. Garland offered the following emergency Ordinance:
(#26586) AN ORDINANCE accepting the joint proposal of Adams Construction
Company and Virginia Asphalt Paving Company, Inc., for asphalt paving and
asphalt pavement profiling of streets at various locations in the City of
Roanoke; authorizing the proper City officials to execute the requisite
contract; rejecting other bids received for said work; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 144.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ............................................................ 7.
NAYS: None ........................................................... O.
BUDGET-PUBLIC WORKS: Council member Robert A. Ga.rland, Chairman of
the committee appointed by the Mayor to tabulate bids received for storage
buildings at the Public Works Service Center, presented a written report of
the committee recommending that a lump sum contract be awarded to Construc-
tion Services of Roanoke, Inc., in the amount of $89,943.00 and a construc-
tion time of 110 consecutive calendar days; and authorize transfer of
$95,000.00 from the Bond Issue Account A08310172703 to a new account for
this project to be established by the Director of Finance: $89,943.00 for
the contract amount and $5,057.00 for the project contingency; and that all
other bids be rejected.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#26587) AN ORDINANCE to amend and reordain certain sections of the
1982-83 Capital Projects Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 48, page 145.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ............................................................ 7.
NAYS: None ........................................................... O.
Mr. Garland offered the following emergency Ordinance:
(#26588) AN ORDINANCE accepting the bid of Construction Services of
Roanoke, Inc., for construction of two storage buildings at the City's
Public Works Service Center, 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 fuji text of Ordinance, see Ordinance Book No. 48, page 145.)
ACTION:
ACTION:
ACTION:
?'01
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Dr. Butler and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ........................................................... 7.
NAYS: None .......................................................... 0.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
STREETS AND ALLEYS: Ordinance No. 26530 vacating, discontinuing and
closing an alley located between 18th and 19th Streets, N. E., being approxi-
mately 12 feet in width and leading northerly approximately 240 feet from
Yeager Avenue to East Gate Avenue, N. E., having previously been before the
Council for its first reading on Monday, June 13, 1983, read and adopted on
its first reading and laid over, was again before the body, Mr. Trout
offering the following for its second reading and final adoption:
(#26530) AN ORDINANCE permanently vacating, discontinuing and closing
an alley located between 18th and 19th Streets, N. E., in the City of
Roanoke, Virginia, as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 48, page 108.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ............................................................ 7.
NAYS: None ........................................................... 0.
STREETS AND ALLEYS: Ordinance No. 26531 vacating, discontinuing and
closing a portion of an alley bounded by 13th Street and Jamison Avenue, S. E.,
having previously been before the Council for its first reading on Monday,
June 13, 1983, read and adopted on its first reading and laid over, was
again before the body, Mr. Trout offering the following for its second
reading and final adoption:
(#26531) AN ORDINANCE permanently vacating, discontinuing and closing
a portion of an alley bounded by 13th Street and Jamison Avenue, S. E., in
the City of Roanoke, Virginia, as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 48, page 109.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mr. Musser and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ............................................................
NAYS: None ........................................................... O.
ZONING: Ordinance No. 26532 rezoning a parcel of land lying on the
northerly side of U. S. Route 460, consisting of 15.198 acres, identified
as Official Tax No. 7160102, from RS-3, Single Family Residential District,
to LM, Light Manufacturing District, having previously been bafore the
Council for its first reading on Monday, June 13, 1983, read and adopted on
its first reading and laid over, was again before the body, Mr. Trout offer-
ing the following for its second reading and final adoption:
(#26532) AN ORDINANCE to amend Section 36-3 and 36-4, Code of the
City of Roanoke (1979), as amended, and Sheet No. 716, Sectional 1976 Zone
Map, City of Roanoke, in relation to Zoning.
(For full text of Ordinance, see Ordinance Book No. 48, page 110.)
ACTION:
ACTION:
ACTION:
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mr. Musser and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor .......................................................... 7.
NAYS: None ........................................................... 0.
ZONING: Ordinance No. 26533 amending Ordinance No. 25603 adopted on
June 22, 1981, rezonlng, subject to certain conditions, certain property
located on the southerly side of Roberts Road in the City and designated
on the Tax Appraisal Map of the City as Official Tax Nos. 1290108 and
1290124, and providing for an effective date of June 13, 1983, having pre-
viously been before the Council for its first reading on Monday, June 13,
1983, 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:
(#26533) AN ORDINANCE amending Ordinance No. 25603, adopted June 22,
1981, rezoning, subject to certain conditions, certain property located on
the southerly side of Roberts Road in the City and designated on the Tax
Appraisal Map of the City as Official Tax Nos. 1290108 and 1290124, and
providing for an effective date.
(For full text of Ordinance, see Ordinance Book No. 48, page lll.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ........................................................... 7.
NAYS: None .......................................................... 0.
CITY CODE-ROANOKE CITY ARTS COMMISSION: Ordinance No. 26537 adding
new sections 2-270 through and including 2-272 to the Code of the City of
Roanoke (1979), as amended, creating and establishing an Arts Commission
for the City, setting out duties and responsibilities, and providing for
certain organizational matters relating thereto, having previously been
before the Council for its first reading on Monday, June 13, 1983, read
and adopted on its first reading and laid over, was again before the body,
Mr. Trout offering the following for its second reading and final adoption:
(#26537) AN ORDINANCE adding new sections 2-270 through and including
2-272 to the Code of the City of Roanoke (1979), as amended, creating and
establishing an Arts Comission for the City, setting out duties and responsibi-
lities, and providing for certain organizational matters relating thereto.
(For full text of Ordinance, see Ordinance Book No. 48, page 112.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ............................................................ 7.
NAYS: None .................... ~v ...................................... O.
TRAFFIC-SCHOOLS: Ordinance No. 26545 amending certain sections of the
Code of the City of Roanoke (1979), as amended, and adding a new section to
said Code, in order to permit the installation of parking meters on the
campus of Virginia Western Community College, and to provide for certain
overtime parking and parking meter regulations for said College, having
previously been before the Council for its first reading on Monday, June
13, 1983, read and adopted on its first reading and laid over, was again
before the body, Mr. Musser offering the following for its second reading
and final adoption:
ACTION:
ACTION:
703
(#26545) Aiq ORDINANCE to amend Sections 20-69 and 20-78 of the Code
of the City of Roanoke (1979), as amended, and to add a new Section 20-77.1
to said Code, in order to permit the installation of parking meters on the
campus of Virginia Western Community College, and to provide for certain
overtime parking and parking meter regulations for said College.
(For full text of Ordinance, see Ordinance Book No. 48, page 114.)
Mr. Musser moved the adoption of the Ordinance. The motion was seconded
by Mr, Harvey and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor .......................... v ................................. 7.
NAYS: None .......................................................... 0.
PARKS AND PLAYGROb~DS-CITY PROPERTY: Ordinance No. 26549 authorizing
and providing for an amendment to a lease dated May 1, 1977, between the
City of Roanoke and Roanoke Transportation Museum, Inc., in order to add
certain property to the leased premises, upon certain terms and conditions,
having previously been before the Council for its first reading on Monday,
June 13, 1983, 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:
(#26549) AN ORDINANCE authorizing and providing for an amendment to a
lease dated May 1, 1977 between the City of Roanoke and Roanoke Transportation
Museum, Inc., in order to add certain property to the leased premises, upon
certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 48, page 116.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ............................................................ 7.
NAYS: None ........................................................... 0.
INDUSTRIES-ECONOMIC DEVELOPMENT-PURCHASE/SALE OF PROPERTY: Ordinance
No. 26555 authorizing the lease, with the option to purchase of a 48.224
acre parcel of land in the Roanoke Centre for Industry and Technology, and
the execution of an option to lease, with the option to purchase, an additional
ten acre parcel within the Centre, upon certain terms and conditions, and
authorizing the execution of deeds of conveyance of said parcels if such
options to purchase are exercised, having previously been before the Council
for its first reading on Monday, June 13, 1983, read and adopted on its
first reading and laid over, was again before the body, Mr. Trout offering
the following for its second reading and final adoption:
(#26555) AN ORDINANCE authorizing the lease, with the option to
purchase, of a 48.224 acre parcel of land in the Roanoke Centre for Industry
and Technology, and the execution of an option to lease, with the option to
purchase, an additional ten acre parcel within the Centre, updn certain
te_rms and conditions; and authorizing the execution of deeds of conveyance
of said parcels if such options to purchase are exercised.
(For full text of Ordinance, see Ordinance Book No. 48, page 116.)
Mr. Trout moved the adoption of the Ordinance. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council members Trout, Bowles, Butler, Garland, Harvey, Musser
and Mayor Taylor ............................................................ 7.
NAYS: None .......................................................... 0.
704
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR CO~qENTS BY TME MAYOR AND MEMBERS OF COUI~CIL: NONE.
OTHER HEARINGS OF CITIZENS: NONE,
At 3:45 p.m., the Mayor declared the meeting in recess.
At 5:00 p.m., the meeting reconvened in the Council Chamber, with all
members of the Council present, Mayor Taylor presiding.
DIRECTOR OF REAL ESTATE VALUATION: The Mayor advised that he is in
receipt of a report from the State Department of Taxation with regard to
their study of the Office of Real Estate yaluation, that copies of the report
were furnished to the members of Council and to the appropriate City officials,
and suggested that the report be included on the City Council agenda of Monday,
July 11, 1983, at 7:30 p.m., for discussion by the members of Council, with
the request that a representative from the State Department of Taxation
will be present to address questions and concerns raised by the members of
Council.
ACTION:
Mr. Garland moved that Council concur in the Mayor's suggestion. The
motion was seconded by Mr. Harvey and unanimously adopted.
There being no further business, the Mayor declared the meeting adjourned
at 5:05 p.m.
ATTEST:
City Clerk
APPROVED
Mayor